strike, lockout ,layoff

7/29/2019 Strike, Lockout ,Layoff

1/19


2/19

strike" means a cassation of work by a bodyof persons employed in any industry acting incombination, or a refusal, under a commonunderstanding of any number of persons whoare or have been so employed to continue towork or accept employment.

Whenever employees want to go on strike


3/19

It provides that no person employed inpublic utility service shall go on strike in breach ofcontract:

Without giving to employer notice of strike with in

six weeks before striking; orWithin fourteen days of giving such notice; orBefore the expiry of the date of strike specified in

any such notice as a foresaid; or

During the pendency of any conciliationproceedings before a conciliation officer and sevendays after the conclusion of such proceedings.


4/19

During the pendency of conciliation proceedings

before a board and till the expiry of 7 days afterthe conclusion of such proceedings;

During the pendency and 2 month's after theconclusion of proceedings before a Labour court,

Tribunal or National Tribunal; During the pendency and 2 months after the

conclusion of arbitrator, when a notification hasbeen issued under sub- section 3(a) of section 10A;

During any period in which a settlement or awardis in operationin respect of any of the matter covered by thesettlement or award.


5/19

Getting their demand sanctioned. If it is a trade union as per act.

There must be at least 7 members in the tradeunion.

If the demand from the employees genuine likeAsking for freedom, demanding for bonus,

wages, improvisation of working conditions ,

more retrenchment benefits,

harsh treatment from employers ,

dispute among themselves etc.


6/19

It means temporary closing of a place ofemployment or the suspension of work or the

refusal by an employer to continue employ any

number of persons employed by him.Lock out refers to the action of an employer intemporally closing down or shutting down theundertaking or refusing to provide its

employees with work.


7/19

No employer carrying on any public utility

service shall lock-out any of his workmen

without giving them notice of lock-out ashere in after provided, within six weeksbefore locking out; or

within fourteen days of giving such notice;


8/19

before the expiry of the date of lock-outspecified such notice as aforesaid; or

during the pendency of any conciliationproceedings before a conciliation officer andseven days after the conclusion of suchproceedings.


9/19

The notice of lock-out shall be given by anemployer in prescribed form. The notice shallbe display by the employer on a notice boardat the main entrance to the establishment

and in the manager's office:


10/19

The report of notice of a strike or lock-outshould be sent by registered post or givenpersonally to the Assistant LabourCommissioner (Central) appointed for the

local area concerned, with copy by registeredpost to concerned departments.


11/19

If on any day an employer receives from anyperson employed by him any notice of strikeor gives to any persons employed by him anynotice of lock-out,

he shall within five days thereof, and reportto the appropriate government or to suchauthority as that government may prescribethe number of such notices received or givenon that day.


12/19

Suspension or termination of employmentwith or without notice by the employer andthe management.

layoff are not caused by any fault of theemployes but by reasons such as lack ofwork, cash or material.

Permanent layoff is called redundancy


13/19

A layoff is considered a termination of employmentwhen the employer has no intention of recalling theemployee to work. In these cases, employers haveresponsibilities and obligations to the employees

usually associated with the termination ofemployment, and employees benefit from suchdefined rights as protection from unjust dismissal.


14/19

When; The layoff is the result of a strike or lockout;

The term of the layoff is three months or less;

The term of the layoff is for three to 12 months, whereemployees maintain recall rights under a collectiveagreement; or

The term of the layoff is for more than three months andsubject to circumstances defined inSection 30 of the CanadaLabourStandards Regulations. Labour Program offices canoffer guidance in interpreting these regulations.
http://localhost/var/www/apps/conversion/tmp/scratch_7/STRIKE,%20LOCKOUT%20,LAYOFF.pptxhttp://laws-lois.justice.gc.ca/fra/reglements/C.R.C.,_ch._986/index.htmlhttp://laws-lois.justice.gc.ca/fra/reglements/C.R.C.,_ch._986/index.htmlhttp://localhost/var/www/apps/conversion/tmp/scratch_7/STRIKE,%20LOCKOUT%20,LAYOFF.pptx


15/19

If an employer is unable to recall an employeeto work after a layoff in the above situations,the layoff becomes an individual termination,and the employer must provide the employee

with pay in lieu of notice and severance pay.


16/19

Before implementing layoffs, employers musthave an established layoff procedure.The Collective Bargaining Agreements (CBAs)dictate the layoff procedure for employees in

bargaining unit positions. Below are therequirements of the layoff procedure for non-represented positions.


17/19

The layoff procedure must be made

available to employees either electronicallyor in writing.

The procedure should be in detail:The layoff procedure must be madeavailable to employees either electronically

or in writing. Opportunities to avoid or minimize layoff.


18/19

Notification requirements.

Criteria for layoff options and time frames forselecting options.

Criteria for determining comparability ofpositions during layoff.

ReviewsEmployers should periodically review theirlayoff procedures to ensure they still meetbusiness needs.


19/19

Thankyou

strike, lockout ,layoff

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