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Prof. K.R. Shyam Sundar
XLRI
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
Lay off
Lockout
1) Generally occurs in
continuing business
2) Inability to give
employment due to
reasons mentioned in the
law
3) Lay off compensation as
per the law for non
provision of employment
4) This is due to factors often
beyond the control of the
employer
1) Closure of business
temporarily
2) Employer refuses to give
employment and
temporarily closes business
Non-employment not
due to reasons as for layoff
3) Liability would depend on
the legality of lockout
4) Used as a collective
bargaining ploy
Lay off
Retrenchment
1) A measures of economy
2) Declared by the employer
3) Statutory compensation to
be paid
4) Subsistence of employeremployee relationship
during
5) temporary measure
1) A measures of economy
2) Declared by the employer
3) Statutory compensation to
be paid
4) Termination of employeremployee relationship
during
5) Permanent measure
Lockout
Closure
1) Temporary closing of a
place of employment or
the suspension of work
2) Intention is not closure
3) As a collective bargaining
ploy
4) Post-dispute intention to
re-start production
5) NO need for compensation
unless the lockout is held
to be illegal
6) Compliance with law for
legal lockout
Workman
Eight types of employment
(a) Manual
(b) Unskilled
(c) Skilled
(d) Technical
(e) Operational
(f) Clerical
(g) Supervisory
(h) Managerial or
administrative
Main work (principal nature
of duties & functions) test to
decide the category
Exclusions:
Air force, naval, army
Police service or prison
personnel
Employed mainly in a
managerial or
administrative capacity
Employed in a supervisory
capacity but draws > 10,000
per month or exercises
either by the nature of the
duties attached to the office
or by powers vested in him,
functions mainly a
managerial nature
Industrial Disputes
Interest Disputes
Rights Disputes
Recognition
disputes
Unfair Labour
Practices
Rights
Conflict
Dealing
Methods
Preventive
Work
Committee
Grievance
Redressal
Committee
Investigative
Settlement
State
Court of
Inquiry
Conciliation
Conciliation
Officer
Concili
ation
Board
NonState
Compulsory
Adjudication
LC/TRI
B
NT
Collective
Bargaining
Voluntary
Arbitration
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
CONCILIATION
CONCILIATION & C.B.
Historically the practice of
third party intervention via
mediation or conciliation
arose thanks to failures in
negotiations
Hence Con has been seen as
an extension of C.B. or
assisted C.B.
The parties continue their
negotiations at conciliation
The agreement arising out
of con is merely aided by
conciliator voluntary in
nature
DEFINITION OF CONCILIATION
the practice by which the
services of a neutral third
party are used in a dispute
as a means of helping the
disputing parties to reduce
the extent of their
differences and to arrive at
an amicable settlement or
agreed solution (ILO)
Conciliation/Mediation/Arbitration (V.A.&C.A)
CONCILIATION & MEDIATION
Differences in approach
aiding/solution giving
In process talks separately
or jointly/hearing process,
always jointly
Informal/ more formal
No judgment/judgment
imposed
Failure possible/award
binding (usually)
Tribunals (1 person)
Wages, including the period and
mode of payment;
Compensatory and other
allowances;
Hours of work and rest
intervals;
Leave with wages and holidays;
Bonus, profit sharing, provident
fund and gratuity;
Shift working otherwise than in
accordance with standing
orders;
Classification by grades;
Rules of discipline;
Rationalization;
Retrenchment of workmen and
closure of establishment
S. 11-A
Award
The decisions of the adjudication body =
AWARD
The final output of a Board/Court = Report
Report or Award shall be published within 30
days by govt
An award is enforceable on the expiry of 30
days from the date of publication unless
govt desires a review on public grounds
CA SOME BASICS
Why Compulsory Adjudication (CA) over CB?
The main objectives of CA model were,
expeditious settlement of industrial disputes,
easy access to disputants (especially weaker),
inexpensive process, administration of
industrial justice in an informal set up (quasi
judicial), the judges of labour judiciary to be
helped by assessors
Qualified presence of lawyering in
adjudication (17/2)
Time
Action
Time
Claim statement by
disputant
15 days
Evidence date
1 month or 60 days
from date of ref
Response
15
Adjournments
3 * 7 (normally)
15
Arguments/hearing
15 from close of
evidence
First hearing
Submission of
award
1 month from
arguments or oral
hearing or by GO
Filing of written
statement and
forwarding by LC
15 days
Publication of
award
1 month from
receipt of award
Rejoinder
15
Juridification Thesis
Section 9-A
No employer shall change the conditions of service in
respect of matters specified in 4th Schedule without
giving the workers affected by such change a notice or
within 21 days of giving such a notice except that the
changes are in pursuance of any agreement or award
Change in weekly holiday or introducing a machinery
on experimental basis and making it a permanent
change - attraction of S.9-A
The objective of the section is to afford an opportunity
to workers affected by changes and hear their
representation industrial democracy
Criticism difficult to introduce technological changes
Chap V-B
Industrial establishment includes:
A factory registered under the Factories Act
A mine under the Indian Mines Act, 1951
a plantation under PLA 1951
Company in which not < 51% of paid-up share
held by Central government
Lay off
25-C lay off compensation = 50% of Basic
wages + Dearness allowance
25-M industrial establishments employing
>99 workers prior permission from govt
before laying off of workers if no
communication within 60 days deemed
permission