industrial relations industrial disputes.prikshit saini
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P R E S E N T E D B Y - P RI KS HI T S AI NI
M B A 2 N D YEAR
Industrial Relations & Industrial Disputes
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Industrial Relations
The term Industrial Relations refers to relationships between
management and labour or among employees and their
organizations that characterize or grow out of employment.
According to ILO, Industrial Relations deal with either the
relationships between the state and the employers and the
workers organization or the relation between the occupational
organizations themselves.
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Objectives of Industrial Relations
To enhance the economic status of the worker.
To regulate the production by minimizing
industrial conflicts
To provide an opportunity to the workers to havea say in the management and decision making.
We can get max. output through min. input
It is helpful for reducing the level of wastage.
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Objectives of Industrial Relations
To encourage and develop trade unions in order to improve the
workers collective strength.
To avoid industrial conflicts
maintain industrial democracy
is the key factor of increasing the productivity.
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Significance of Industrial Relations
Industrial peace
Industrial Democracy
Improved productivity
Benefits to workers
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INDUSTRIAL DISPUTES
According to The Industrial Disputes Act,1947,
Industrial Dispute is any dispute or difference between
employees and employees , or between employees &
employers, or between employers & employers, which isconnected with the employment, or non-employment, or the
terms of employment or with the conditions of work of any
person.
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Thus it canbe characterized as:-
The dispute could be between employer-employer, employee-
employee or employer-employee.
The dispute must pertain to some work-related issue.
Dispute between one or two workmen and their employers is notan industrial dispute.
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A C C OR D I NG T O T HE C OD E O F I ND U S T R I A L R E L A T I ONS
I NT R OD U C E D I N T HE U NI T E D K I NG D OM I N 19 72,D I S PU T E S A R E OF T W O T Y PE S :
D I SP UT ES O F R IG HT S
D IS PU TE S O F I NT ER ES TS
TYPES:
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y Disputes of rights: the dispute related to theapplication of the existing agreement or contract ofemployment are known as the dispute of right.
y
Dispute of interests: the disputes related to theclaims by employees or proposals by amanagement about the terms and conditions of theemployment are known as disputes of interests.
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Forms of Industrial Disputes
strikes Lock-Outs
Gherao Picketing& Boycott
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1)Strikes
A strike is a concerted withdrawal of labour from production
temporarily. It is a collective stoppage of work by a group ofworkers for pressuring their employers to accept certain
demands.
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y Economic strike
y Sympathetic strike
y General strike
y Sit down strike
y Slow down strike
y Hunger strike
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2)Lock-Outs
Lock-out is the counterpart of strike. It is the weapon available to
the employer to close down the factory till the workers agree to
resume work on the conditions laid down by the employer.
Industrial Dispute act, 1947; the closing of a place of an employment , or the suspension of
work or the refusal of an employer to continue to employ any
number of persons employed by him.
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3)Gherao
Gherao means to surround.
In this method, a group of workers initiate collective action
aimed at preventing members of the management from leaving
the office.
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4)Picketing & Boycott
When picketing, workers often carry/ display
signs, banners & prevent others from
entering the place of work and persuade
others to join the strike. Boycott aims at disrupting the normal
functioning of an enterprise.
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Industrial Disputes In India
Workers were largely illiterates, had no
organizing powers and clearly lacked
strong union leaders who could fight ontheir behalf and deliver the goods.
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MACHINERYFOR PREVENTION &SETTELMENTOFDISPUTES
VOLUNTARYMETHODS
- CollectiveBargaining
-Trade Unions
-Joint
Consultations-code of discipline
GOV
ERNMENTMACHINERY
-LabourAdministration
Machinery
-State Level
-Central Level
STATUTORYMEASURES
-Conciliation
-Arbitration-Adjudication
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1)VoluntaryMethods
a)Collective Bargaining
Collective bargaining is a procedure by
which the terms and conditions of workers
are regulated by agreements between their
bargaining agents and employers.The basic objective of collective bargaining
is to arrive at an agreement on wages andother conditions of employment.
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b)Trade Unions
Strong trade unions help
prevent industrial disputes.
They can bargain with
employers effectively and seek
quick redressal of grievances.
A strong union can protect the
employees interest relating to
wages, benefits, job security,
etc..
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c)Joint Consultations
It have to be set up inall those industrial unitswhich employs 100 ormore persons.
workscommittees
The JMC should consistof equal numbers ofrepresentatives ofworkers and employers(minimum 6 andmaximum 12)
Joint
ManagementCouncils
(JMC)
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d)StandingOrders
The term Standing Orders refers to therules and regulations which govern the
conditions of employment of workers.
The Industrial Employment (Standing
Orders) Act of 1946 provides for the
framing of standing orders in all industrial
undertakings employing 100 or more
workers.
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StatutoryMeasures
a)Conciliation
Conciliation is a process by
which representatives of workers
and employers are brought
together before a third person ora group of persons with a view to
persuade them to come to a
mutually satisfying agreement.
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b)Voluntary Arbitration
When conciliation proceedings fail to settle the dispute, the
conciliation officer may persuade the conflicting parties to
voluntarily refer the dispute to a third party known as
Arbitrator, appointed by the parties themselves.The arbitrator listens to the viewpoints of both parties and
delivers an award or judgement on the dispute.
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c)Adjudication
Adjudication or compulsory arbitration is the ultimate remedy for
the settlement of disputes in India.
Adjudication consists of settling disputes through the
intervention of third party appointed by the government.
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Adjudication
LabourC
ourt
IndustrialT
ribunals
NationalT
ribunals
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Labour Court
The labour court consists of one
independent person who is or has
been a judge of a High Court, or has
been a district judge or additionaldistrict judge for not less than 3
years or has held any judicial office
in India for not less than 7 years.
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IndustrialTribunal
CHANNO
This is also a one-man adhoc body
appointed by the Government. It has a
wider jurisdiction than the labour court.
The government concerned may appointtwo assessors to advice the presiding
officer in the proceedings.
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NationalTribunal
This is the third one-man adjudicatory body to be appointed by
the central government to deal with disputes of national
importance or issues which are likely to affect the industrial
establishments in more than one state.
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