industrial disputes and strikes

8/14/2019 Industrial Disputes and Strikes

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Industrial Disputes and Strikes

1Bhumika Achhnani- TNRCMS (RAJKOT)


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Industrial Disputes

When conflict acquires a concrete andspecific manifestation, it becomes anindustrial dispute.

Industrial Dispute may be said to bedisagreement or controversy betweenmanagement and labour with respect towages, working conditions, other employment matters or union recognition.



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Strikes and Lock-outs Strikes and lock-outs are the methods adopted

by workers and employers respectively, to settletheir differences

When workers fail to secure a redressal of their grievances and fulfillment of their demands bypeaceful negotiations with the employer, they tryto force the employer to come to a settlement bytemporarily withdrawing their services in theform of a strike.

On the contrary employers resort to lock-outs toachieve their goals.



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Strikes and lock-outs are not to be identified withindustrial disputes.

They are not disputes in themselves; they are just one way of settling disputes for time being.



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A strike involves a combined withdrawal of their services by workers.The cessation of work is for a temporary period;

work is to be resumed whenever the strikers feellike doing so.The cessation of work in a strike has certainobjectives.

The interest and rights the workers may seek topromote and protect through strikes may relateto

I. Terms and conditions of employment of thestrikers or of other workmen.

II.Political and social interestIII.Showing solidarity of the working class.IV.Any issue which the workers may consider

worth striking for.6Bhumika Achhnani- TNRCMS (RAJKOT)


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Forms of Strike



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Authorised and UnauthorisedStrikes

An authorised strike is one which is called only after theunion has given its consent.

An unauthorised strike , commonly known as a wild-cat strike, is one which iscalled without the approval of the union.

A wild-cat strike issometimes an emotional

outburst caused by anysudden provocativeaction on part of themanagement or supervisors.



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General and Particular StrikesGeneral Strike A general strike has a widecoverage , but the degree of generality or the nature of coverage varies considerablyfrom strike to strike.

Example: a strike covering awide range of industries andall or a large part of a countrylike. gujrat bandh

Particular Strike Particular strike arelimited in scope and areusually confined to asingle plant or a fewplants and to a singletrade or occupation in aparticular town or city.

Example: Plant levelunion strikes.



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Types Based on Techniques

Slow-down Strike : workers do not actuallystop working, rather they slow down the paceof their work.

Quickie Strike : workers remain in their placeof work, but they stop work for a brief period,that is, for a few minutes or a few hours.

Sit-down Strike : workers remain in their place

of work but they do not work. Work-to-rule : the employees declare that they

will perform their tasks strictly in accordancewith the rules prescribed.



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Ordinary Strike : workers formally quit their places of work and prevent others, occasionallyby violence but mostly by persuasion.



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Types based on GenericPurposes

Sympathetic Strike : it is conducted out of sympathy for the cause of another group of workers, whether on strike or not. Thus, theworkers resorting to a sympathetic strike haveno immediate grievance against their employer.

Jurisdictional Strike : these are conducted witha view to force an employer to recognise or bargain with a particular trade union instead of another. Two unions may claim to represent thesame set of workers and may clamour for recognition for this purpose.



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Political Strike : Strikes of this sort are intendedto put pressure on the government to dosomething or desist from doing something.

Example: bandhs General Strikes : A general strike may be a part

of a revolutionary movement.



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Gherao

It is one of the methods designed to exertpressure for the fulfillment of demands.

The practice involves confinement of authorities

(often managerial personnel) in their offices, bythe workers. This can last for hours or even days, and they

are prevented from going out pending the

fulfillment of the demand s.



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Acc. to National Commission of Labour, gheraoscannot be treated as a form of industrial protestsince they involve physical coercion rather than

economic pressure. The Commission , however, did not suggest any

concrete measures for discouraging the practiceand contented itself by saying It is the duty of union leadersto condemn this form of labour protest as harmful to the interest of the workingclass.

An amendment of the Industrial Dispute Act in1982, included gherao in the list of unfair practices on the part of workmen and their tradeunions and prohibited it.



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Factors Conditioning TheOutcomes of Strikes



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A strike is a trail of strength between workersand the employer and the outcome of strikedepends on the relative strength of the unionand the employer.

This relative strength is determined by anumber of factors which may be discussedunder three heads:

1. Factors operating on the side of the union2. Factors operating on the side of employer 3. General factors



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On the side of the union:1. Extent of unionisation

2. Composition of union membership3. Union finances4. Substitutability of the services of the strikers

5. Union leadership6. The morale of the workers7. Support from other unions

8. The history of past strikers.



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On the side of the Employer:1. Economic position of the enterprise

2. Attitude of the employer 3. Availability of alternative ways to produce thegoods and services

4. Support available from other employers

General factors:1. Prevailing economic climate2. Policy of the government

3. Public opinion4. Composition of the labour force



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Effects of Strikes



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The effects of a strike primarily depend on: a. Number of workers involved in the strike

b. Its durationc. Nature of the stuck product or service. In general the possible effects may be

classified under the following three heads:a. Effects on the parties to the strikeb. Effects on othersc. Effects on the society as a whole



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Effect on the Parties to theStrike

a. On the employer :ii. Loss of profitiii. Loss of market connections

iv. Goodwill may be lostv. Idle machines may get spoiltvi. Expenditure may have to be incurred on

protecting the plant and on strike breakingactivities

vii. Loss of mental peace, respect and status incommunity

viii. Cost may be incurred on publicity22Bhumika Achhnani- TNRCMS (RAJKOT)


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b. Effects on the Workers: Losses for workers depend on the following:

i. How many strikers obtain other work duringthe strike period?

ii. How far do the strikers make up their lossesby working more, after work is resumed?

iii. How many remain unemployed in case thestrike fails?

iv. What strike benefits are available to the

strikers out of the union funds and donationsfrom outside?



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Strikes causes adverse effects like contracting of debts or buying goods and services on credit athigher prices, disruptions in the family life,personal hardships, tortures and tensions.



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Effects on Others

Consumers of the struck products Suppliers of the struck firm Suppliers of goods and services to the strikers.



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Effects on the Society as a Whole

With the development of industry-wide tradeunions and collective bargaining, industry widestrikes have become very common.

Industry wide strike completely deprives theconsumer of the product of that industry.

If the industry happens to be a basic one, theimpact on the economy and the consumers is

very serious.



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Bhumika Achhnani- TNRCMS (RAJKOT) 27

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