Industrial relation terms

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Industrial relation terms

  1. 1. Industrial Relation TermsLAY-OFF -Sec 2(kkk) of Industrial Disputes Act, 1947Means the failure, refusal or inability of an employer to give employment to a workmanwhose name is borne on the muster – rolls in his industrial establishment and who has notbeen retrenched.The failure, refusal or inability to give employment may be due to:-(a) Shortage of coal, power or raw materials.(b) The accumulation of stocks.(c) The breakdown of machinery.(d) Natural calamity or for any other connected reasonsDuring lay off, workmen are not totally out of employment but are provided with partialwages for a short period.LOCKOUT- Sec 2 (l) of Industrial Disputes Act, 1947Means the temporary closing of a place of employment or the suspension of work, or therefusal by an employer to continue to employ any number of persons employed by himIt is declared by employers to put pressure on their workersA lockout may happen for several reasons. When only part of a trade union votes tostrike, the purpose of a lockout is to put pressure on a union by reducing the number ofmembers who are able to workFor example, if a group of the workers strike so that the work of the rest of the workersbecomes impossible or less productive, the employer may declare a lockout until theworkers end the strike. Another case in which an employer may impose a lockout is toavoid slowdowns or intermittent work-stoppages. Occupation of factories has been thetraditional method of response to lock-outs by the workers movementhjSTRIKE-Sec 2(q) of Industrial Disputes Act, 1947Means(a) A cessation of work by a body of persons employed in any industry(b) A concerted refusal of any number persons who are or have been so employed tocontinue to work or to accept employment(c) Refusal under a common understanding of any number of persons to continue or toaccept employmentEssentials of a strike1. There must be employee-employer relationship2. There should be an industrial disputeie, Employer is not conceding the workers demands and vice versa.3. Mere absence from work can’t be treated as strike unless there is some evidence toshow that the absence of workmen was the result of some concern
  2. 2. R easons• Dissatisfaction with company policy• Salary and incentive problems• Increment not up to the mark• Wrongful discharge or dismissal of workmen• Withdrawal of any concession or privilege• Hours of work and rest intervals• Leaves with wages and holidays• Bonus, profit sharing, Provident fund and gratuity• Retrenchment of workmen and closure of establishment• Dispute connected with minimum wagesTypesEconomic Strike: Under this type of strike, labours stop their work to enforce theireconomic demands such as wages and bonus. In these kinds of strikes, workers ask forincrease in wages, allowances like traveling allowance, house rent allowance, dearnessallowance, bonus and other facilities such as increase in privilege leave and casual leave.Sympathetic Strike: When workers of one unit or industry go on strike in sympathy withworkers of another unit or industry who are already on strike, it is called a sympatheticstrike. The members of other unions involve themselves in a strike to support or expresstheir sympathy with the members of unions who are on strike in other undertakings. Theworkers of sugar industry may go on strike in sympathy with their fellow workers of thetextile industry who may already be on strike.General Strike: It means a strike by members of all or most of the unions in a region oran industry. It may be a strike of all the workers in a particular region of industry to forcedemands common to all the workers. These strikes are usually intended to create politicalpressure on the ruling government, rather than on any one employer. It may also be anextension of the sympathetic strike to express generalised protest by the workers.Sit down Strike: In this case, workers do not absent themselves from their place of workwhen they are on strike. They keep control over production facilities. But do not work.Such a strike is also known as pen down or tool down strike. Workers show up to theirplace of employment, but they refuse to work. They also refuse to leave, which makes itvery difficult for employer to defy the union and take the workers places. In June 1998,all the Municipal Corporation employees in Punjab observed a pen down strike to protestagainst the non-acceptance of their demands by the state government.Slow Down Strike: Employees remain on their jobs under this type of strike. They donot stop work, but restrict the rate of output in an organized manner. They adopt go-slowtactics to put pressure on the employers.Sick-out (or sick-in): In this strike, all or a significant number of union members call insick on the same day. They don’t break any rules, because they just use their sick leavethat was allotted to them on the same day. However, the sudden loss of so manyemployees all on one day can show the employer just what it would be like if they reallywent on strike.
  3. 3. Wild cat strikes: These strikes are conducted by workers or employees without theauthority and consent of unions. In 2004, a significant number of advocated went onwildcat strike at the City Civil Court premises in Bangalore. They were protesting againstsome remarks allegedly made against them by an Assistant CommissionerGHERAOGherao in Hindi means to surroundIt denotes a collective action initiated by a group of workers under which members of themanagement are prohibited from leaving the industrial establishment premises byworkers who block the exit gates by forming human barricadesThe workers may gherao the members of the management by blocking their exits andforcing them to stay inside their cabinsThe main object of gherao is to inflict physical and mental torture to the person beinggheraoed and hence this weapon disturbs the industrial peace to a great extentPICKETINGWhen workers are dissuaded from work by stationing certain men at the factory gates,such a step is known as picketingIf picketing does not involve any violence, it is perfectly legalPickets are workers who are on strike that stand at the entrance to their workplaceIt is basically a method of drawing public attention towards the fact that there is a disputebetween the management and employeesThe purpose of picketing is:• To stop or persuade workers not to go to work• To tell the public about the strike• To persuade workers to take their unions sideRETRENCHMENT –Sec.2(oo) of Industrial Disputes Act, 1947Means that the termination by the employer of the service of a workman for any reasonwhatsoever, otherwise than as a punishment inflicted by way of disciplinary actionIt does not include:-(a) Voluntary retirement of the workman(b) Retirement of the workman on reaching the age of superannuation(c) Termination of the service of a workman as a result of the non-renewal of thecontract of employment(d) Termination of the service of workman on the ground of continued ill healthCLOSURE- Sec. 2(ci) of Industrial Disputes Act, 1947Mean the permanent closing of a place of employment or part thereof

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