ID Act SOME BASIC SLIDES

Some Basic Terms - Definitions

ID any dispute or difference btn employers & employers or btn emps and workmen, or btn workmen & workmen, which is connected with the EMPLOYMENT OR NON-EMP OR TERMS OF EMPLOYMENT OR WITH THE CONDITIONS OF LABOUR OR OF ANY PERSON Lay off failure or refusal or inability of an emp to give emp to a workman on the rolls a& not been retrenched - on a/c of shortage of coal, power or RM or accu of stocks or breakdown of machinery or natural calamity (see the provisions) 2 hours, second half full BASIC & DA

 Lockout the temporary closing of a place of emp or the suspension of work or refusal by an empr to continue to employ any no of persons employed by him/her Strike a ????cessation of work by a BODY of persons acting in COMBINATION or a CONCERTED REFUSAL or a refusal under a COMMON UNDERSTANDING Closure means the permanent closing down of a place of employment or part thereof

Retrenchment termination of services of a worker for any reason otherwise than as a punishment inflicted by way of disciplinary action but Excludes: VRS, retirement or superannuation (as per settlement), termination due to nonnonrenewal of contract due to expiry or on agreed conditions, termination due to continued illness

Settlement definition
Settlement 1) a settlement arrived at in the course of conciliation proceeding and 2) includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding (where such agreement has been signed by the parties thereto in such a manner as may be prescribed and a copy of thereof has been sent to appropriate govt officer and the conciliation officer (s. 2, p)]

Sources of Grievances
Grievances generally arise from the day-to-day working relations in the undertaking, usually as a worker or trade union protest against an act or omission of management that is considered to violate workers' rights. Grievances typically arise on such questions as discipline and dismissal, the payment of wages and other fringe benefits, working time, overtime and time-off entitlements, promotion, demotion and transfer, rights deriving from seniority, rights of supervisors and union officers, job classification problems, the relationship of works rules to the collective agreement and the fulfillment of obligations relating to safety and health laid down in the agreement

PUBLIC UTLITY SERVICES APPROACH

The govt may add in the First Schedule, IF SATISFIED THAT PUBLIC EMERGENCY OR PUBLIC INTEREST SO REQUIRES Thru notification in the official Gazette declare to be a PUS Its validity is 6 months but extendable if govt thinks so in the interest of public emergency or public interest S. 2 (n) e.g. railway service, transport service (passengers or goods) by air Major ports or docks (any service) Postal, telegraph or tele Industry supplying power, light, water to public Public conservancy or sanitation Sche 1 - Any other expandable by notification (for 6 months, extendable) Cement, coal, banking, cotton textiles, iron & steel, defence estbs, mining, etc.

The FOURTH SCHEDULE (FOR S. 9 A)

Wages including the period and mode of payment 2) contribution paid, or payable by the employer to PF or pension fund.. 3) Compensatory and other allowances 4) hours of work and rest intervals 5) leave with wages and holidays 6) Starting, alteration or discontinuance of shift working otherwise than in accordance with the Standing Orders 7) Classification by grades 8) Withdrawal of any customary concession or privilege or change in usage 9) Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are provided in standing orders 10) Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen 11) Any increase or reduction (other than casual) in the no. of persons employed or to be employed in any occupation or process or department or shift (not occassioned by circumstances over which the employer has no control)
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