Private: Labour Law Content
Industrial Dispute: Forms And Causes
Industrial conflicts constitute organised protests against existing industrial conditions. They are symptoms of industrial unrest. The term ‘industrial dispute’ means any of the following features:
There should be a difference or dispute.
The dispute could be of Individual nature disputes or Collective nature
The dispute must pertain to some work-related issue.
The dispute must be raised by a group or class of workers. For example, the dispute between one or two workers and the respective employer is not an industrial dispute.
INDUSTRIAL DISPUTES An industrial dispute means any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which is connected with the terms and conditions of employment of any person.
Forms of Industrial Disputes
Strike/ Lock outs: Closing down of an undertaking or the suspension of work or the refusal of an employer to continue to employ any number of persons employed by him is known as ‘lock out’.
Gherao: Gherao means to surround. In this method, a group of workers initiates collective action aimed at preventing members of the management from leaving the office.
Picketing and Boycott: When picketing workers often carry or display signs, banners and placards, 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.
Causes of Industrial Disputes
Employment-related – Individual/Collective
Collective Demand related
Recognition as a bargaining agent
Psychological and social issues
Machinery For The Settlement of Industrial Disputes
Works committees: As per the Industrial Disputes Act, 1947, works committees have to be set up all those industrial units which employ 100 or more persons. It is basically a consultative body
Giving greater participation to workers.
Ensuring close interaction between labor and management.
Generating a cooperative atmosphere for negotiation between parties.
Opening the doors to unions to have a clear view of what is going on within the unit.
Strengthening the spirit of the voluntary settlement of disputes.
Standing orders: These are laws, the rules, and regulations that govern the conditions of employment of workers. The Labour Act 2074 provides for the framing of standing orders in all industrial undertakings.
Code of discipline and company Personnel rules: It consists of a set of self-imposed obligations voluntarily formulated by the central organisation of workers and employers.