Beruflich Dokumente
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Objectives
Understanding the nature of industrial conflicts (IC) Examining incidence, causes & consequences of IC.
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Industrial Conflict
The dictionary defines conflict as a struggle to resist or overcome; contest of opposing forces or powers; strife; battle; a state or condition of opposition; antagonism; discord and etc. According to SCI, The primary pathology of industrial strike is attitudinal. According to Zornhauser, industrial conflict is the total range of behavior and attitudes that express opposition and divergent orientations between individual owners and managers on the one hand, and working people and their organizations on the other.
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Analysis of Definitions of IC
Conflict Industrial Conflict Conflict in organizations include interdepartmental rivalries, disputes between the managers and also interpersonal tensions IC refers to the aspects connected with the employment relationship. It does not include interpersonal conflict
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Manifestation of Conflict
Unions
Management
Refusal to Negotiate
Unwilling to Negotiate
Lockouts
Arguments
Termination
Demotion
Lay Offs
Hostility
Work to Rule
Demonstration
Loss of Production
Strike
Resentment
Absenteeism
Workers
Management
Lockouts
Autocratic
Lay-Offs
Strict Discipline
Unnecessary Firing
Demotion
Absenteeism Complaints
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Arbitration
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A Compulsory method Adjudicatory body- Presiding Officer Presiding officer can appoint one or two assessors Only parties involves in the dispute present their case
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Avoidance
Accommodating
Win/Loose
Problem Solving
Compromising Style
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Analysis of ID in India
Years No. of Disputes 2002 579 2003 552 2004 477 2005 456 2006 440
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Contd..
Public Sector No. of disputes Mandays Lost (000) Value of Production Loss (Rs, crore) Private Sector Private Sector No. of disputes 2003 Mandays 2004 Lost (000) 2005 No. of of disputes Value Production Loss (Rs, Crore) 6/10/2013 2003 59 1099 27.47 2004 49 1590 36.97 2005 57 2039 59.8
Causes of IC
Economic Causes wage, bonus, etc Political Causes Political instability, various parties & their affiliation with TUs., one upmanship, Social Causes Low morale in society, permissiveness, bankruptcy of social values & norms, indiscipline & violence, economic disparities, inequities, etc. Technological Causes Unsuitable technology i.e. difficulty in adaptation, resistance to change, fear of unemployment, etc.
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Causes of IC contd.
Psychological Causes conflict in individual & organizational objectives, motivational problems, personality & attitude, mistrust or lack of trust. Market Situation Inactive/inadequate legal machinery, injustice, competition, etc. Benefits of Conflicts Brings about social change as a consequence.
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Consequences of ID
Employer Employees Consumers
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Go-Slow
Sit-ins
Picketing
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Lockout is defined as an employers decision to bar unionized employees from entering the workplace until such time as they accept to work on the employers terms and conditions
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Contd..
Lay-off can be defined as the failure, refusal or inability of an employer on account of shortage of power, raw materials, accumulation of stocks, or the breakdown of machinery, from giving employment to a workman.
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Forms of Strike
Go-slow
Tool-down strike
Token Strike
Work to rule
Pen-down Strike
Hunger Strike
Stay-in Strikes
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Sympathetic Strike
Flash Strike
Go-Slow Strike
Does the employer has right to stop the workers from entering the work premises even if the workers have not broken any discipline? Bombay Dyeing vs. Mumbai Mazdoor Sabha, 1987 (MRTU & PULP Act)
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If strike is commenced during award or settlement period If it is started during or within 7 days of completion of conciliation proceedings If the strike is commenced during or within 2 months of completion of adjudication proceedings
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Prohibition of Strike
Employees are prohibited from going on strikes according to the Section 22 of ID Act, 1947 (employees working in a public utility service) Cannot go on strike without giving a six weeks of prior notice Cannot go on strike within 14 days of providing the strike notice
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Strike Notice
Section (22) (1) of the Act requires a 14-day notice in public utility services (compulsory) If no notice is given, then it will attract:
Penal Consequence Disciplinary action for going on illegal strike Deduction of wages for not performing the duty
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Conciliatory Provision
(Conciliation officer; Conciliation Board)
Adjudicatory Provision Investigative Provision (Labor Court; Industrial Tribunal; National Tribunal)
(Court of Inquiry)
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Industry
Workmen
Failure report to appropriate government Does not refer for adjudication Refer for adjudication
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