Professional Documents
Culture Documents
FINANCE
Introduction
Prior to the year 1947, Industrial disputes were being settled under the provisions of the Trade Disputes Act 1929. Experience of the working of the 1929 Act revealed various defects which needed to be overcome by a fresh legislations. In result the Industrial Disputes Act -1947 came into force on first day of April 1947. The Object of the Industrial Disputes Act-1947 is to protect the workmen against victimization by the employer and to ensure termination of proceeding in connection with the industrial disputes in a peaceful manner.
For internal circulation of BSNL only
OBJECT
To settle the disputes between the Employer and the Employee. To settle the disputes between the employer and employer To settle the disputes between the employee &employee
INDUSTRIAL DISPUTE(SEC.2(kkk)
AS per Section-2 KKK, Industrial Dispute Means a dispute or difference between: Employers and Employees. Employers and workmen and Workmen and workmen Dispute Connected with 1. The employment. 2. The conditions of labour of any person 3. Retrenchment 4. Termination of service. 5. Wage revision. 6. Demands for the benefit of workmen. 7. Statutory entitlements etc.
For internal circulation of BSNL only
RETRENCHMENT
Retrenchment means the termination of the services of a workman by the employer for any reason what so ever.
STRIKE
Means Stoppage of work by a body of persons employed in the industry acting in combination or A united refusal under a common understanding of any
STRIKE (Contd..)
May be Some workers only or In one department Or some departments totally. It should be both lawful and justified.
Will be in force for one year. Continuing obligations will continue even after one year.
For internal circulation of BSNL only
SETTLEMENTS
There are two type of settlements, they are 01. Bilateral settlement It Also called 18(1) settlements. Binding on the union and its members entering into the settlement only. Not binding on who are not parties to the settlement. Not binding on workmen who join the establishment after the settlement.
TRIPARTITE SETTLEMENTS
02. Tripartite Settlement: Also called 12(3) settlements. Entered through conciliation Binding not only on the parties to the same but also others who are not parties. Also binding on workmen employed subsequent to the settlement. It does not matter if other unions do not join such settlements. Settlements to be entered with the recognized union.
For internal circulation of BSNL only
TERMINATION OF A SETTLEMENT
Continues to be binding even after the expiry of the period of settlement unless replaced by another settlement. Cannot be terminated before the expiry of the period. Can thereafter be terminated by giving 2 months notice.
UNIONS RECOGNITION
No provision exists in ID Act 1947 or Trade union Act 1926 to grant recognition. Recognition means identifying the collective bargaining Agent as a representative union. Is for the purposes of negotiations and to enter into settlements. No union cannot therefore claim for grant of recognition.
1. Threatening of workmen with discharge or dismissal, if they join a trade union. 2. Threatening a lock out or closure, if a trade union is organized. 3. Granting of wage increase to workmen during a trade union organization. 4. An employer taking active interest in organizing a trade union of his workmen 5. Employer showing partiality to one of several trade unions.
For internal circulation of BSNL only