PRESENTATION TOPIC : Methods of setting industrial disputes-2 PRESENTED BY: 1.Bhayani Jigna-02 2.Radadiya Milan-47 3.Sodavadiya Alpa-52 PRESENTED To: Tejal Mem
The basic elements of the state industrial policy flow from.
The requirements of the free enterprise economy within the frame work of parliamentary democracy.
The requirements of a programmed of planned economic development.
Machinery For the Prevention And Settlement of Industrial Dispute in India
The statutory machinery consists of
Permanent conciliation services for particular geographical areas.
ad hoc Boards of conciliation at the central and state levels.
ad hoc Courts of Inquiry at the central and state levels.
Adjudication authorities consisting of Tribunals and Labor courts at the central and state levels.
National Tribunals at central level.
Non Statutory Bodies
It exists at different levels such as
National level :- Indian Labour Conference and Standing Labour Committee
Industry level :- Wage Boards and Industrial Committees
State level :- State Labour Advisory Boards
Indian Labour Conference and Standing Labour Committee
It consists of representatives of the central and state govt., employers and workers.
Both were set up in 1942.
Main objective for their establishment was
Promoting uniformity in labor legislation,
Laying down of a procedure for settlement of industrial disputes
Discussing all matters of national importance as between employers and employees
Code of Discipline in Industry
To maintain discipline in industry, there has to be:-
Recognition by of employers and workers of rights and responsibilities of either party
Proper and willing discharge by other party of its obligation consequent on such recognition.
It was outcome of 1944 session of Indian labour conference.
Set up in 1957.
it determined wage structure for industry concerned, and specify categories of employees to be brought under purview of wage fixation.
State Level Advisory Boards
Boards provide a forum of representatives of govt., employers and employees to discuss problems so as to maintain and promote harmonious industrial relations and to increase production.
FIRST NATIONAL COMMISION ON LABOUR (1969) ON THE METHODS OF SETTLING INDUSTRIAL DISPUTES
Machineries for settling industrial disputes in the country and their relation and suggested certain basic modification in the existing statutory arrangement .
THE RECOMMENDATION OF THE COMMISSION REGARDING THE METHOD AND MACHINARY FOR SETTLING INDUSTRIAL DISPUTES ARE DISCUSSED UNDER SEPRATE HEADS LIKE .
Conciliation and adjudication
Function of the IRCs
An increasingly greater scope for and reliance on collective bargaining
Any sudden change replacing adjudication by a system of collective bargaining would neither be called for nor practicable.
A beginning has to be made in move towards collective bargaining by declaring that it will acquire primacy in the procedures for settling industrial disputes
Voluntary arbitration It is voluntary method of resolving individual disputes if dispute is not settled by negotiating parties. Here both parties are willing to go to an arbitrator of their choice and submit to his decision. Arbitrators are named by the parties in the written agreement. The number of arbitrators can be one or even more than one.
Conciliation and adjudication
Function of the IRCs
The Industrial Relations Commission conciliates and arbitrates to resolve industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal.
The Industrial Relations Commission is part of the New South Wales Department of Justice and Attorney General. The Department provides the legal and administrative framework within which the Attorney General, as the first law officer of the State, operates. The Department also provides the support services necessary to enable the Attorney General to meet legislative and advisory responsibilities to the Parliament and Cabinet. The Department also works co-operatively with the judiciary to support the courts and justice system.
To promote efficiency and productivity in the economy of the State
To promote participation in industrial relations by employees and employers at an enterprise or workplace level
To encourage participation in industrial relations by representative bodies of employees and employers and to encourage the responsible management and democratic control of those bodies
To facilitate appropriate regulation of employment through awards, enterprise agreement and other industrial instruments
To prevent and eliminate discrimination in the workplace and in particular to ensure equal remuneration for men and women doing work of equal or comparable value
To provide for the resolution of industrial disputes by conciliation and, if necessary, by arbitration in a prompt and fair manner and with a minimum of legal technicality, and
To encourage and facilitate co-operative workplace reform and equitable, innovative and productive workplace relations.
Labor courts The NCL also suggested the establishment of standing labor courts entrusted with the function of interpretation and enforcement of all labor laws , awards and agreements. It required to entertain proceeding instituted by the parties asking for the enforcement of their right.
the commission recommended taking of decision by Indian labor conference at two stages:
A preliminary but detailed discussion at the first stage
Framing of final recommendation after tacking into account the comment received on the conclusion at preliminary stage.
RECOMMENDATION OF THE SECOND NCL(2002)
In agreement with the first national commission (1969),the second commissions at the, central and national levels, but unlike the first commission ,it has kept conciliation function outside the purview of these commission.
The commission has recommended a more active role of labor courts, with enlarged function and increasing use of arbitration and Lok Adalats for settlement of industrial disputes.