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INDUSTRIAL CONFLICTS
Industrial Disputes Impact Causes
Strikes Prevention
Industrial Peace Government Machinery
Conciliation Arbitration
Adjudication
INDUSTRIAL DISPUTE
According to the Industrial Disputes Act,
1947,
Industrial disputes means any dispute or
difference between employers and employees,
or between employers and workmen,
or between workmen and workmen,
which is connected with the employment
or non-employment
or the terms of employment or with the
conditions of labour, of any person.
TYPES OF INDUSTRIAL
DISPUTES
IMPACT OF INDUSTRIAL
DISPUTES
3. Prompt Solution:
Take prompt initiative for solving the conflict
4. Clear Explanation:
A clear explanation to know the reasons of
conflict,
Nature of the dispute
5. Creativity:
It allows or helps the employees to explore their
creativity.
1. Feeling of Defeat:
. Dispute creates deprivation in the minds of
employees.
. It affects the level of performance of
employees, reduce morale
. Increase dissatisfaction that ultimately affect
the productivity of the organization.
2. Distance:
.
Creates distance between or among
employees
TYPES OF STRIKES
Primary strikes:
i. Stay Away Strikes: Workmen stay away
from the work place.
- Organize rallies, demonstrations, etc.
ii. Stay-in or sit Down Strikes :
-workmen stay at the work place but they dont
work
iii. Tools Down, Pen Down Strike :
The strikers lay down their tools/ pens
2. SECONDARY STRIKES:
Strikes in which the pressure is applied not
against the primary employer
but against some third person who has good
trade relations with him.
Also called as sympathetic strikes:
It is strike against a third party.
3. Other strikes:
i. General strikes: Critical mass of the labour
force in a city.
ii. Political strikes: It is directed against state
and its authorities.
iii. Bandhs: Expect the general public to stay in
their homes and strike work.
iv. Particular strikes: Usually confined to a
single plant or a few plants.
CAUSES OF STRIKE
1. Victimisation of membership
2. Trade union recognition
3. Closed shop
4. Dispute over long hours or work
5. Dismissals, suspension, lay-off
6. Working arrangement and conditions
7. Wage disputes
8. Assaults, abuses and misbehaviours
9. Internal union disputes
Causes of strikes:
FEATURES OF LOCK-OUTS
1. Counterpart of strike:
2. Closure of an industrial undertaking:
3. Suspension of employment:
4. Involves some intention:
Effects of Lock Outs:
. Leads to resentment, fear, and distrust among
employees
. Adversely effects employees families
. May result in permanent replacement of striking
workers
. The entire community suffers a massive economic loss
. Damage goodwill of the company.
PREVENTION OF STRIKES
1.
Adopt
well-defined,
clear
and
progressive HRM policies
2. Ensure an effective administration and
timely implementation of these policies
3.
Ensure
an
effective
two-way
communication system in operation
4. Should provide just and humane
conditions of work
5. Adopt a suitable and speedy grievance
redressal procedure
6.
Should
give
recognition
to
a
representative union
7. Should ensure joint consultation at
2. Arbitration:
It is a legal technique for the resolution
of disputes outside the courts
where the parties to a dispute refer it
to one or more persons,
by whose decision [award], they agree
to be bound.
3. Adjudication:
It involves intervention in the dispute
by a third party
appointed by the government for the
purpose of deciding the nature of
final settlement.
NEGOTIATION
TYPES OF NEGOTIATION
1. Distributive negotiations:
. Zero sum
. Win lose
. Substance only
. Unimportant relationship
2. Integrative negotiations:
. Interest-based bargaining
. Win-win bargaining
. Fair process
PROCESS OF NEGOTIATION
1. Preparation and planning:
- Nature of the conflict
- History leading to negotiations
- Persons involved and their perceptions
- Expectations from negotiation
2. Definition of ground rules:
- Person doing the negotiation
- Place of negotiation process
- Applicable time constraints
- Issues to which negotiation is to be limited
- specific procedure to follow if impasse is reached
1. Personal factors:
2. Role factors:
3. Situational factors:
- Physical Components
- Social components
- Issue components
- Interpersonal orientation
4. Interactional factors:
IMPORTANCE OF NEGOTIATION
1.
2.
3.
4.
5.
6.
MEDIATION
Mediation is one way of making direct and
immediate contact with other in a manner
Features of Mediation:
1. Voluntary: It is conducted without prejudice to
any legal rights which the parties may have.
2. Control: Parties do not give away the power to
decide the outcome of their dispute.
3. Confidential:
- Information is kept confidential.
4. Flexibility:
- There are no set rules or binding
laws
5. Parties Input:
- Agreements reached at result from
the parties themselves
-and are not imposed
MEDIATION PROCESS
1. Opening the mediation:
. The mediator discusses the process and
describes the mediators role,
. the roles of the participants,
. and the general expectations for the
mediation.
2. Information sharing and issue
identification:
. Each party has an uninterrupted
opportunity issues
. To describe the conflict from his or her
perspective.
APPROACHES TO MEDIATION:
1. Evaluative approach: Mediator provides
guidance for settlement, legal framework and
subject knowledge
2. Transformative Approach: Assist the parties to
reach an agreement.
i. Empowerment: The parties believe in
themselves and their value
ii. Recognition: The partys have the ability to
understand the other partys point of view to
reflect on the process.
ROLES OF MEDIATOR
1. Opener: who initiates communication or
facilitates better communication
2. Legitimizer: Helps all parties recognise the
right of others
3. Facilitator: Provides a procedure and formally
chairs the negotiation session.
4. Trainer: Educates novice, unskilled, or
unprepared negotiators
5. Resource Expander: Offers procedural
assistance to the parties
IMPORTANCE OF MEDIATION
CONCILIATION
It is a process by which representatives of
workers and employers
are brought together before a third person or
a group of persons
with a view to persuade them
to come to a mutually satisfying agreement.
Objectives:
1. To settle disputes quickly and prevent
prolonged work stoppages
Prerequisites:
1. The conciliator tries to bridge the gulf
between the parties
2. If he does succeed, he tries to reduce the
differences to the extent possible
3. Persuades parties to take a fresh look at the
whole issue
4. Only advances possible lines of solution for
consideration by the disputants
5. The conciliator need not follow the same path
in each case.
3. Court of Inquiry:
In case, the conciliation proceedings fail to resolve a
dispute,
a court of inquiry is constituted by the government
to investigate the dispute and submit the report
within 6 months.
POWERS OF CONCILIATION MACHINERY
1. Powers to Enter premises:
2. Powers of a civil court: Has the same powers as a
civil court like
. Enforcing the attendance of any person and
examining him on oath
1.
.
.
.
1.
2.
3.
4.
ARBITRATION
It is the process in which a neutral third party listens to
the disputing parties,
gathers information about the dispute,
and makes a decision to be binding on both the parties.
TYPES OF ARBITRATION:
1. Voluntary arbitration: The arbitrator is appointed by
both the parties through mutual consent.
2. Compulsory arbitration:
Government forces the parties for compulsory arbitration,
- or the Government may refer the dispute for arbitration.
ADVANTAGES OF ARBITRATION
1. Settlement rests on the parties
2. Very flexible
3. Greater familiarity with the characteristics of
the particular industry
4. It cuts down delays
5. Less expensive
6. Awards are capable of implementation without
the grudge on the part of both the parties
7. Results in healthy industrial relations
8. Very popular as it is suitable and compelling
LIMITATIONS
OF
ARBITRATION
ADJUDICATION
It is the ultimate remedy for the
settlement of disputes in India.
An industrial dispute can be referred
to adjudication by the mutual
consent of the disputing parties.
LABOUR COURTS
The appropriate government may, by
notification in the official gazette,
constitute one or more Labour courts
for the adjudication of industrial disputes
relating to any matters specified in the Second
Schedule.
A labour court consists of only one person to
be appointed by the appropriate government.
The person so appointed is known as Presiding
Officer of a labour court.
INDUSTRIAL TRIBUNAL
The appropriate government may, by
notification in the Official Gazette,
Constitute one or more Industrial tribunals for
the adjudication of industrial disputes relating
to any matter,
whether specified in the second schedule or
the third schedule
and for performing such other functions as
may be assigned to them under the Act
It is a one-man adhoc body [Presiding Officer]
appointed by the government.
NATIONAL TRIBUNAL
This is the third one-man adjudicatory body
to be appointed by the Central Government to
deal with disputes.
It consists of one person not below the rank
of a High Court Judge and below 65 years of
age
DIFFERENCES
ARBITRATION
Arbitration is a voluntary
method of resolving disputes
Only when both the parties
agree the dispute can be
referred to arbitration.
The number of arbitrators are
one or more than one
The issue of notification is
given by the appropriate
government
Arbitration award is amenable
to the jurisdication of the High
court.
No provision for appointment
of assessors
Adjudication
is
a
ADJUDICATION
compulsory method of
solving disputes
The dispute can be referred
by the government for
adjudication without the
consent of the parties of
dispute
Adjudicators is always one
No such provision is there
The award is quasi-judicial
in nature
Appointment of one or two
assessors is allowed.
IMPORTANCE/ADVANTAGES OF
ADJUDICATION
1.
2.
3.
4.
5.
6.
LIMITATIONS
1.
2.
3.
4.
INDUSTRIAL PEACE
Peace: absence of hostility or the existence of
healthy , harmonious relationship.
Industrial Peace: A condition whereby
differences between labour and management in
the form of strikes and lock-outs were
minimized, if not totally avoided.
OBJECTIVES OF
INDUSTRIAL PEACE
IMPORTANCE/ADVANTAGES
INDUSTRIAL PEACE
1.
2.
3.
4.