StrikeandLockout Strike and Lockout

Strikes
A strike is a powerful weapon used by trade unions and other labor associations to get their demands accepted. It generally involves collective quitting of work by a group of workers for the purpose of bringing the pressure on their employer for their demands According to Industrial Disputes Act 1947, a strike is a cessation of work by a body of persons employed in an industry acting in combination; or a concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment; or a refusal under a common understanding of any number of such persons to continue to work or to accept employment. This definition throws light on a few aspects of a strike. Firstly, a strike is a referred to as stoppage of work by a group of workers employed in a particular industry. Secondly, it also includes the refusal of a number of employees to continue work under their employer. In a strike, a group of workers agree to stop working to protest against something they think is unfair. Demands made by strikers can range from asking f hi h wages or b f ki for higher better b benefits to seeking changes i fi ki h in the workplace environment. Strikes sometimes occur so that employers listen more carefully to the workers and address their problems.

CausesofStrikes
Dissatisfaction with company policy Salary and incentive problems Increment not up to the mark Wrongful discharge or dismissal of workmen Withdrawal of any concession or privilege Hours of work and rest intervals Leaves with wages and holidays Bonus, profit sharing, P id t f d and gratuity B fit h i Provident fund d t it Retrenchment of workmen and closure of establishment Dispute connected with minimum wages

Stay-away strikes

TypesofIndustrialdisputes

Sit-down; Stay-in; Tooldown or Pen-down strikes Go slow or slow-down Sick-out

Primary Work-in Strikes

Work to rule Token or protest strikes Lightning or cat-call strikes

Industrial disputes Picketing and boycott Gherao

Sympathy strikes Secondary Lock-outs Economic Strikes General strikes or Political Bandhs

Others

Types of Strikes
Stay-away strike: In this form of strike workers absent themselves from work or strike, they may be present but not working. They may stop work or close the premises, shut down the plant etc. Sit down, stay-in, pen-down or tool-down Strike: In this case, workers do not absent themselves from their place of work when they are on strike. They keep control over production facilities. But do not work. Such a strike is also known as 'pen down' or 'tool down' strike. Workers show up to their place of employment, but they refuse to work They also refuse to leave which makes it very difficult work. leave, for employer to defy the union and take the workers' places. In June 1998, all the Municipal Corporation employees in Punjab observed a pen down strike to protest against the non-acceptance of their demands by the state government. Slow Down Strike: Employees remain on their jobs under this type of strike. They do not stop work, but restrict the rate of output in an organized manner. They adopt go-slow tactics to put pressure on the employers. Sick-out ( sick-in): Al called bl fl i thi strike, all or a significant number Si k t (or i k i ) Also ll d blue flu, in this t ik ll i ifi t b of union members call in sick on the same day. They dont break any rules, because they just use their sick leave that was allotted to them on the same day. However, the sudden loss of so many employees all on one day can show the , y p y y employer just what it would be like if they really went on strike. This is used in cases where laws prohibit certain employees from declaring a strike e.g. in public utilities

Types of Strikes
Work-in strike: A striking tactic is the work-in, where employees occupy the workplace but still continue work, often without pay, which attempts to show they are still useful, or that worker self-management can be successful. This is common i E in Europe. Work-to-rule strike: Workers perform their tasks exactly as they are required to but no better. For example, workers might follow all safety regulations in such a way that it impedes their productivity or they might refuse to work overtime. Here the emphasis is on following too much of rules. Such strikes may in some cases be a form of "partial strike" or "slowdown". Token or protest strike: It could take the form of a time-bound striking activity or a specific kind of protest like not taking food from canteen, staging a demonstration for one day, absenting for one day etc. Wild cat strikes: Strikes without formal union authorization. Occasionally, workers decide to strike without the sanction of a labor union either because the union union, refuses to endorse such a tactic, or because the workers concerned are not unionized. Such strikes are often described as unofficial. These strikes are conducted by workers or employees without the authority and consent of unions. In 2004, a large number of advocates went on wildcat strike at the Civil Court in Bangalore. They were protesting against some remarks allegedly made against them by an Assistant Commissioner.

Types of Strikes
Picketing: Picketing is a form of protest in which people (called picketers) congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in ("crossing the picket li ") b t it can also b d i k t line"), but l be done t d to draw public attention t a cause. It may bli tt ti to consist of workers refusing to attend work or picketing outside the workplace to prevent or dissuade people from working in their place or conducting business p y g p g pp g with their employer. Workers bearing placards with slogans supporting their position may file around the gate of their workplace, often chanting or even singing songs. Anyone who crosses the picket line usually are called scabs. Gherao: meaning "encirclement," is a word originally from Bengali, and is a typically South Asian, specifically I di t i ll S th A i ifi ll Indian way of protest. U f t t Usually, a group of ll f people would surround an office, premise or building until their demands are met, or answers given. Owing to its popularity and intensity as a new method of labour action the word gherao got inducted into the Concise Oxford English g g g Dictionary. It denotes a collective action initiated by a group of workers under which members of the management are prohibited from leaving the industrial establishment premises by workers who block the exit gates by forming human barricades. barricades The workers may gherao the members of the management by blocking their exits and forcing them to stay inside their cabins. The main object of gherao is to inflict physical and mental torture to the person being gheraoed.

Types of Strikes
Secondary Forms of Strikes Economic Strike: Under this type of strike, labors stop their work to enforce their economic demands such as wages and bonus. In these kinds of strikes, workers ask for increase in wages, allowances like traveling allowance, house rent allowance, dearness allowance, bonus and other facilities such as increase in privilege leave and casual leave. Sympathetic Strike: When workers of one unit or industry go on strike in sympathy with workers of another unit or industry who are already on strike, it is called a sympathetic strike. The members of other unions involve themselves in a strike to support or express their sympathy with the members of unions who are on strike in other undertakings. The workers of sugar industry may go on strike in sympathy with their fellow workers of the textile industry who may already be on strike. General Strike: It means a strike by members of all or most of the unions in a region or an industry. It may be a strike of all the workers in a particular region of industry to force demands common to all the workers. These strikes are usually intended to create political pressure on the ruling government, rather than on any one employer. It may also be an extension of the sympathetic strike to express generalized protest by the workers.

Lockouts
A lockout is a work stoppage in which an employer prevents employees from working. It is declared by employers to put pressure on their workers. This is different from a strike, in which employees refuse to work. Thus, a lockout is employers weapon while a strike i raised on part of employees. A l hil t ik is i d t f l Acc t to Industrial Disputes Act 1947, lock-out means the temporary closing of a place of employment or the suspension of work or the refusal by an employer to p y y p p y y continue to employ any number of persons employed by him. The term lock-in refers to the practice of physically preventing workers from leaving a workplace. In most jurisdictions this is illegal but is occasionally reported, especially in some developing countries like Bangladesh, SriLanka. A lockout may happen for several reasons. For example, if a group of the workers strike so that the work of the rest of the workers becomes impossible or less productive, the employer may declare a lockout until the workers end the strike. Another case in which an employer may impose a lockout is to avoid slowdowns or intermittent work-stoppages.

During200607WestBengalexperiencedthemaximuminstancesofstrikesand lockouts(19216)followedbyKerala(3619)andRajasthan(19247).Industrial y g( ) disturbanceswereconcentratedmainlyinmanufacturing(textile),financial intermediation,agricultureandminingandquarryingindustries

Industrial Dispute Act 1947

22.PROHIBITIONOFSTRIKESANDLOCKOUTS. ( ) (1)Nopersonemployedinapublicutilityservice p p y p y shallgoonstrike (a)withoutgivingtotheemployernoticeofstrike withinsixweeksbeforestriking;or within six weeks before striking or (b)withinfourteendaysofgivingsuchnotice;or (c)beforetheexpiryofthedateofstrikespecified (c) before the expiry of the date of strike specified inanysuchnoticeasaforesaid;or ( ) (d)duringthependencyofanyconciliation g p y y proceedingsbeforeaconciliationofficerand sevendaysaftertheconclusionofsuch proceedings. proceedings

Industrial Dispute Act 1947

(2)Noemployercarryingonanypublicutility serviceshalllockoutanyofhisworkmen (a) withoutgivingthemnoticeoflockoutwithinsix weeksbeforelockingout;or (b) within fourteen days of giving such notice or withinfourteendaysofgivingsuchnotice;or (c)beforetheexpiryofthedateoflockout specifiedinanysuchnoticeasaforesaid;or specified in any such notice as aforesaid; or (d)duringthependencyofanyconciliation proceedingsbeforeaconciliationofficerand sevendaysaftertheconclusionofsuch d f h l i f h proceedings.

Industrial Dispute Act 1947

(3)Thenoticeoflockoutorstrikeunderthis sectionshallnotbenecessarywherethereis section shall not be necessary where there is alreadyinexistenceastrikeor,asthecase maybe,lockoutinthepublicutilityservice, may be lockout in the public utility service buttheemployershallsendintimationofsuch lockoutorstrikeonthedayonwhichitis lockout or strike on the day on which it is declared,tosuchauthorityasmaybe specifiedbytheappropriateGovernment specified by the appropriate Government eithergenerallyorforaparticularareaorfora particularclassofpublicutilityservices. particular class of public utility services

Industrial Dispute Act 1947

23.GENERALPROHIBITIONOFSTRIKESANDLOCKOUTS. No workmanwhoisemployedinanyindustrialestablishmentshallgo onstrikeinbreachofcontractandnoemployerofanysuch t ik i b h f t t d l f h workmanshalldeclarealockout (a)duringthependencyofconciliationproceedingsbeforeaBoardand sevendaysaftertheconclusionofsuchproceedings; (b)duringthependencyofproceedingsbeforeaLabourCourt, TribunalorNationalTribunalandtwomonthsaftertheconclusion Tribunal or National Tribunal and two months after the conclusion ofsuchproceedings; (bb)duringthependencyofarbitrationproceedingsbeforean arbitratorandtwomonthsaftertheconclusionofsuchproceedings arbitrator and two months after the conclusion of such proceedings (c)duringanyperiodinwhichasettlementorawardisinoperation,in respectofanyofthematterscoveredbythesettlementoraward.

Industrial Dispute Act 1947

24.ILLEGALSTRIKESANDLOCKOUTS. (1)Astrikeoralock outshallbeillegalifitiscommencedordeclaredin contraventionofsection22orsection23;or contravention of section 22 or section 23; or (2)Alockoutdeclaredinconsequenceofanillegalstrikeora strikedeclaredinconsequenceofanillegallockoutshall notbedeemedtobeillegal. not be deemed to be illegal 25.PROHIBITIONOFFINANCIALAIDTOILLEGALSTRIKES ANDLOCKOUTS. Nopersonshallknowinglyexpendor applyanymoneyinsupportofanyillegalstrikeorlockout. apply any money in support of any illegal strike or lock out 25A.APPLICATIONOFSECTIONS25 (1)Sections25shallnot applytoindustrialestablishmentsinwhichlessthanfifty workmenonanaverageperworkingdayhavebeen workmen on an average per working day have been employedintheprecedingcalendarmonth;or (b)toindustrialestablishmentswhichareofaseasonal characterorinwhichworkisperformedonlyintermittently. character or in which work is performed only intermittently

Industrial Dispute Act 1947

25B. 25B DEFINITION OF CONTINUOUS SERVICE A workman shall b said to SERVICE. k h ll be id be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or leave or accident or a legal strike or lockout or a cessation of work which is not due to any fault of the workman; (2) A workman shall be deemed to be in continuous service under an employer (a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date, has actually worked under the employer for not less than (i) one hundred and ninety days p y () y y in the case of a workman employed below ground in a mine; and (ii) two hundred and forty days, in any other case; (b) for a period of six months if the workman during a period of six months, workman, calendar months preceding the date, has actually worked under the employer for not less than (i) ninetyfive days, in the case of a workman employed below ground in a mine; and (ii) one hundred and twenty days, in any other case.

Industrial Dispute Act 1947

25D. 25D DUTY OF AN EMPLOYER TO MAINTAIN MUSTER ROLLS OF WORKMEN It shall WORKMEN. h ll be the duty of every employer to maintain a muster roll for making of entries therein by workmen who may present themselves for work. 26. 26 PENALTY FOR ILLEGAL STRIKES AND LOCK OUTS (1) Any workman who LOCKOUTS. commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for one month, or with fine which may extend to fifty rupees, or both. (2) Any employer who commences, y y p , ( ) y p y , continues, or otherwise acts in furtherance of a lockout which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or both. 27. PENALTY FOR INSTIGATION, ETC. Any person who instigates or incites others to take part in a strike or lockout which is illegal under this Act, shall be punishable with imprisonment for six months, or with fine which may extend to one thousand rupees, rupees or with both both. 28. PENALTY FOR GIVING FINANCIAL AID TO ILLEGAL STRIKES AND LOCKOUTS. Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lockout shall be punishable with imprisonment for a lock out term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Layoff, Retrenchment and Closure

Layoff ,also called redundancy, is the temporary suspension of an employee or (more commonly) a group of employees for business reasons, such as when certain positions are no longer necessary or when a business slow-down occurs Originally the term layoff referred occurs. exclusively to a temporary interruption in work, as when factory work cyclically falls off. The term however nowadays usually means the permanent elimination of a position, requiring the addition of "temporary" to specify the original meaning meaning. Retrenchment has synonyms such as downsizing, most of which are euphemisms. and more abstract descriptions of the process. It the "conscious use of permanent personnel reductions in an attempt to improve efficiency and/or effectiveness. Since the 1980s downsizing effectiveness 1980s, has gained strategic legitimacy. Indeed, recent research on downsizing suggests that downsizing is being regarded by management as one of the preferred routes to turning around declining organizations, cutting costs, costs and improving organizational performance performance. Closure is complete shutdown of a plant, unit or organization due to financial losses or any other reason.

ID Act, 1947
25C. 25C RIGHT OF WORKMEN LAID OFF FOR COMPENSATION Wh COMPENSATION. Whenever a workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls and who has completed not less than one year of continuous service is laid off he shall be paid for all days during which he is so off, laid off, except for holidays, compensation which shall be equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid off . 25E. WORKMEN NOT ENTITLED TO COMPENSATION IN CERTAIN CASES. No compensation shall be paid to a workman who has been laid off (i) if he refuses to accept any alternative employment in the same establishment , or in any other establishment belonging to the same employer situated within a radius of five miles from the establishment to which he belongs, if, in the opinion of the employer, such alternative employment does not call for any special skill and can be done by the workman, and has same wages; (ii) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day; (iii)ifsuchlayingoffisduetoastrikeorslowingdownofproductiononthepart ofworkmeninanotherpartoftheestablishment.

25F. CONDITIONS PRECEDENT TO RETRENCHMENT OF WORKMEN. - No workman employed in any industry who has been in continuous service for not less than one year shall be retrenched until - ( ) the workman has been (a) given three month's notice in writing or the workman has been paid in lieu of such notice, wages for the period of the notice; (b) the workman has been paid at the time of retrenchment compensation paid, retrenchment, which shall be equivalent to fifteen days' average pay for every completed year of service or any part in excess of six months; and (c) notice in the prescribed manner is served on the Government. 25FF. COMPENSATION TO WORKMEN IN CASE OF TRANSFER OF UNDERTAKINGS. - Where the ownership or management of an undertaking is transferred, , every workman who has been in continuous service for not less than one year in that undertaking immediately before such transfer shall be entitled to notice and compensation in accordance with the provisions of section 25F, as if the workman had been retrenched: Provided that nothing in this section shall apply to a workman, if (a) the ( ) th service of th workman h not b i f the k has t been i t interrupted b such t t d by h transfer; f (b) the terms and conditions of service after such transfer are not in any way less favourable and (c) the new employer is legally liable to pay retrenchment compensation compensation.

25FFA.SIXTYDAYS'NOTICETOBEGIVENOFINTENTIONTOCLOSEDOWNANY UNDERTAKING. (1)Anemployerwhointendstoclosedownanundertakingshallserve, atleastsixtydaysbeforethedateofintendedclosure,anotice,ontheappropriate l i d b f h d fi d d l i h i Governmentstatingclearlythereasonsfortheintendedclosureoftheundertaking: Providedthatnothinginthissectionshallapplyto (a)anundertakinginwhichlessthanfiftyworkmenareemployed,or (a) an undertaking in which less than fifty workmen are employed or (b)anundertakingsetupfortheconstructionofbuildings,bridges,roads,canals,damsetc. 25FFF.COMPENSATIONTOWORKMENINCASEOFCLOSINGDOWNOFUNDERTAKINGS. (1)Whereanundertakingiscloseddownforanyreasonwhatsoever,everyworkman (1) Where an under taking is closed down for any reason whatsoever every workman whohasbeenincontinuousservicefornotlessthanoneyearinthatundertakingshall beentitledtonoticeandcompensationinaccordancewiththeprovisionsofsection25F, asiftheworkmanhadbeenretrenched. Providedthatwheretheundertakingiscloseddownonaccountofunavoidable circumstancesbeyondthecontroloftheemployer,thecompensationtobepaidshall notexceedworkmansaveragepayforthreemonths. Anundertakingwhichiscloseddownby (i) fi A d t ki hi h i l d d b (i)financialdifficulties(includinglosses);or i l diffi lti (i l di l ) (ii)accumulationofundisposed ofstocks;or (iii)theexpiryoftheperiodoftheleaseorlicence grantedtoit;or (iv)inacasewheretheundertakingisengagedinminingoperations,exhaustionofthe (i ) i h th d t ki i di i i ti h ti f th mineralsintheareainwhichsuchoperationsarecarriedon;shallnotbedeemedtobe closeddownonaccountofunavoidablecircumstancesbeyondthecontrolofthe employerwithinthemeaningoftheprovisotothissubsection.

25G.PROCEDUREFORRETRENCHMENT. Whereanyworkmani istoberetrenched,the employershallordinarilyretrenchtheworkmanwhowasthelastpersontobe employedinthatcategory,unlessforreasonstoberecordedtheemployerretrenches l di h l f b d d h l h anyotherworkman. 25H.REEMPLOYMENTOFRETRENCHEDWORKMEN. Whereanyworkmenare retrenched,andtheemployerproposestotakeintohisemploymentanypersons,he retrenched and the employer proposes to take into his employment any persons he shallgiveanopportunitytotheretrenchedworkmenwhoarecitizensofIndiatooffer themselvesforreemployment. 25M.PROHIBITIONOFLAYOFF. (1)Noworkman(otherthanabadli workmanoracasual workman)whosenameisborneonthemusterrollsshallbelaidoffbyhisemployer exceptwiththepriorpermissionoftheappropriateGovernmentunlesssuchlayoffis duetoshortageofpowerortonaturalcalamity,andinthecaseofamine,suchlayoffis duealsotofire,flood,excessofinflammablegasorexplosion. due also to fire flood excess of inflammable gas or explosion Whereanapplicationforpermissionhasbeenmade,theappropriateGovernmentmay grantorrefusetograntsuchpermissionandacopyofsuchordershallbe communicatedtotheemployerandtheworkmen. Wherenoapplicationforpermissionismade,orwherethepermissionforanylayoff hasbeenrefused,suchlayoffshallbedeemedtobeillegalandtheworkmanshallbe entitledtoallthebenefitsunderanylawforthetimebeinginforceasifnonoticehad beengiventohim. b i t hi

25N.CONDITIONSFORRETRENCHMENTOFWORKMEN. (1)Noworkmanemployedin anyindustrialestablishmentshallberetrenchedunlessthepriorpermissionofthe appropriateGovernmentorsuchauthorityasmaybespecifiedbythatGovernmentby i G h h i b ifi d b h G b notificationintheOfficialGazettehasbeenobtained Whereanapplicationforpermissionundersubsection(1)hasbeenmade,the appropriateGovernmentmaygrantorrefusetograntsuchpermissionandacopyof appropriate Government may grant or refuse to grant such permission and a copy of suchordershallbecommunicatedtotheemployerandtheworkmen. Wherenoapplicationforpermissionundersubsection(1)ismade,orwherethe permissionforanyretrenchmenthasbeenrefused,suchretrenchmentshallbedeemed tobeillegalandtheworkmanshallbeentitledtoallthebenefitsunderanylawforthe timebeinginforceasifnonoticehadbeengiventohim. 25O.PROCEDUREFORCLOSINGDOWNANUNDERTAKING. (1)Anemployerwhointends toclosedownanundertakingshallapply,forpriorpermissiontotheappropriate to close down an undertaking shall apply for prior permission to the appropriate Government,statingclearlythereasonsfortheintendedclosure. Whereanapplicationforpermissionhasbeenmadeundersubsection(1),the appropriateGovernment,aftermakingsuchenquiryasitthinksfitandaftergivinga appropriate Government, after making such enquiry as it thinks fit and after giving a reasonableopportunityofbeingheardtotheemployer,grantorrefusetograntsuch permission Wherenoapplicationforpermissionundersubsection(1)ismadewithintheperiod specifiedthereinorwherethepermissionforclosurehasbeenrefused,theclosureof theundertakingshallbedeemedtobeillegalfromthedateofclosureandtheworkmen shallbeentitledtoallthebenefitsasiftheundertakinghadnotbeencloseddown.

Notwithstanding anything contained in the foregoing provisions the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident i th undertaking or d th of th employer or th lik it i necessary id t in the d t ki death f the l the like is so to do, by order, direct that the provisions of the above sections shall not apply in relation to such undertaking for such period as may be specified in the order. 25Q. 25Q PENALTY FOR LAY OFF AND RETRENCHMENT WITHOUT PREVIOUS LAY-OFF PERMISSION. - Any employer who contravenes the provisions of section 25M or of section 25N shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with b th ith both. 25R. PENALTY FOR CLOSURE. - (1) Any employer who closes down an undertaking without complying with the provisions of section 25-O shall be punishable with imprisonment for a term which may extend to six months or with months, fine which may extend to five thousand rupees, or with both. (2) Any employer, who contravenes an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given g ( ) g under section 25P shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction.