strike and lockouts

1. Strikes and lockouts
STRIKE
 A strike is a work stoppage caused by the mass refusal of employees to work
whether total or partial stoppage of work due to their dispute with the
employer
 A strike is a very powerful weapon to get employees demand accepted by the
management
 A strike is based on the workers refusing to work in an effect to accomplish
financial and personal gain from the employer, it arises due to unsatisfactory
employment terms and conditions such as excessive working hours without
overtime payments or payment of poor salaries
TYPES OF STRIKES
1.PRIMARY STRIKES( FACE TO FACE STRIKES) Primary strikes are generally against
employer on whom the dispute exist. They are of the following types
(i)Stay away strike: in this strike workmen stay away from workplace. They organize
rallies, demonstrations etc.
(ii)Stay in or sit down strikes: in this strike workers come to the place, they stay at
workplace but they don’t work.
(iii)Token or protest strikes: it is of very short duration. in this strike workers do not
work for an hour or a day.
(iv) Go-slow: in this strike, the workers intentionally reduces the speed of work
(V)Lightening or wild cat strike: in this strike, the strike is done without any prior notice
or with a shortest notice.

2. SECONDARY STRIKES A secondary strike is a strike by a body of workers for the
purpose of supporting a cause or another group of strikers
These strikes are sympathetic strikes (describes or shows someone that they
understand and care about someone’s (employees) sufferings.
REASONS FOR STRIKES
1.LOW PAY
 Employees may strike due to low pay, they want to be paid fair and equitable
remuneration.
 If they believe that they need to be paid more but the employer does not
agree, it may results to strikes
 Example: striking due to issues of overtime payments, difference in salary pay
sometimes for people with the same knowledge.
 Also in times of inflation, wages a likely to seek increase in salary to maintain
their standard of living.
2.BAD WORKING CONDITIONS
 Employees strike for improvement of their working conditions.
 Working conditions relates to health and safety at work place. If production
tools are not safe, poor or fewer than the actual work to be done daily, if there
are fewer or no protection tools such as coats and gloves.
 Workers may strike to demand sufficient tools needed.
3.DISSATISFACTION ON ISSUES RELATED TO MANAGEMENT/COMPANY POLICIES
Dissatisfaction of policies includes policiesrelated to leave entitlement such as sick
leave, holiday leave, promotion and redundancy.
 For example strike due to demand for leave pay; if companies do not pay their
employees when they are on leave, or unsatisfactory payment related to leave
then workers may strike

3. 4.UNFAIR TERMINATION OF EMPLOYEES
 If termination of employment is not of proper reasons, such employment
termination based on discrimination on color, sex or tribe, termination without
following proper procedures , or termination of employees who are exercising
labour rights then employees may strike
5.EXCESSIVE WORKING HOURS
If employees are working more than established hours set by the government as
per industrial relation and labour act, Also if there is no overtime payments for
such excessive hours work it will results to strikes
6.NO RESPONSE FROM MANAGEMENT INSPITE OF REFERING A DEMAND AND
ISSUING A REMINDER OF A CERTAIN MATTER THAT NEEDS TO BE ADRESSED
 If there is a dispute between employees and management in which employees
believe there is a need for change on a certain matter and management has
been notified, reminded of such demand, yet management do nothing( I.e. no
response from management).
 Employees may strike to get their demands settled
7.DIVERTION OF COLLECTIVE BARGAINING
When management goes against the collective agreement between them and
employees, it may result to strike.
8.DISCRIMINATION The existence of discrimination highly encourages strikes .
Example if part wages were treated more fairly than fulltime wages in terms of
payment, wages may strike to demand an equal pay for both fulltime and part time
wages
9.AGGRESSIVE BEHAVIOUR OF MANAGER TOWARDS EMPLOYEES.

4. Most managers do not consider employees, they just look on their own side. For
example managers may use abusive languages to their employees and sometimes
even hit workers that in return create a desire for revenge on workers towards
management. Also the behavior of managers to discourage labour unions and their
rights contributes towards strike.
10.POOR COMMUNICATION
The lack of transparency between management and employees due to levels of
hierarchy between them can lead to strike as matters may take time to be solved due
to the presence of slower or poor communication between employees and
management. ADVANTAGES OF STRIKES
1.IT HELPS WORKERS IN NEGOTIATION
Due to strikes employer will be under pressure fearing the impact/results of a strike,
hence it will force the employer to negotiate with the trade union in order to provide
better deal for workers
2.IMMEDIATE REALIZATION OF WORKER’S DEMAND
Through strikes , demands of employees can be full field immediately because
employer worries about losses that the company will face due to strike. Example poor
company image, lost of sales and profit from the lost output.
3.TO PROTECT WORKERS ABOUT UNFAIR ACTIONS
Through strikes workers can prevent themselves about unfair actions. Example;
protection against unfair termination, unsatisfactory remuneration and poor working
conditions

5. 4.IT BRINGS DEMOCARCY Strikes gives power, authority for workers to plan
something. it enable workers to participate in management decision making
DISADVANTAGES OF STRIKES/DYSFUNCTIONAL OF STRIKES
1.POOR WORKING RELATIONSHIP BETWEEN MANAGEMENT AND LABOUR
Strikes results to poor working relationship, the damaged relationship with the
staff/labours may adversely affect motivation and productivity of employees.
2.DISTURBANCE OF PEACE ON A SOCIETY
Strike can result to peace disturbance , it may involve engaging the police to ensure
that there is no harmful to the society. Individuals may be arrested if they are
practicing restricted acts of strikes. Due to strike people’s life are at risk, It can lead
to physical injury or death due to violence of strike.
3.IT AFFECT THE ECONOMY OF THE COUNTRY
Through strike there may be damage to national properties which may need repair in
the future. There is also revenue loss to country since the companies no longer
continue its activities, hence there will be no wages to employees, Also no
production/sales for company hence no taxation for the company
4.TOURISM INDUSTRY AND SMALL BUSINESS ARE AFFECTED
Tourists gets bad impression when they see the evil of strikes, tourist may fear for
their safety which in turn causes loss of lots of revenue to the country. Small business
are also hit by these strikes since they heavily depend on their daily sales or turnover.
Due to strikes it will results to loss of sales by these business
5.IT AFFECTS ON THE PROVISION OR AVAILABILITY OF SOCIAL SERVICES
Due to strikes there may be problems with transportation system as workers may go
in the middle of the roads. This can result to inability of patients not to reach hospitals
on time and have horrible outcomes. Also on education side, schools and colleges

6. may be closed due to strike for the fear of safety if the strike is happening near the
education institute.
6.IT AFFECTS THE CONSUMERS
Due to strike there may be scarcity of goods, rise in prices and effect on the quality of
goods
7.THERE IS ADVERSE EFFECT ON INTERNATIONAL TRADE
Strike can cause fall of exports and rise in imports 8.Wastage of time
EFFECTS/DISADVANTAGES OF STRIKE TO WORKERS
1.LOSS OF WAGES
Employees do not work when they are on strike, hence no income generation on their
side but simply just small allowances from the union.
2.PHYSICAL INJURY OR DEATH DUE TO VIOLENCE DURING STRIKE
During strikes normally people’s live are at risk, a strike often turns into violent
protests and people get injured. The injuries may become so serious that results to
loss of lives.
3.ADVERSE EFFECT ON CARRIER
A strike has an impact on employee’s carrier, employees may be perceived
differently with other employers due to the strike. A strike can also lead to potential
job losses. 4.Poor relationship between employee and employer
5.Economic losses
EFFECTS/DISADVANTAGES OF STRIKES TO EMPLOYER

7. 1.Damages to machines and equipments
2.It impacts the image of the company
3.Poor relationship between employer and employee. The damaged relationship
affect the motivation and productivity of employees
4.Decreased profit since there is no production
5.Burden of fixed expenses
DISADVANTAGES/EFFECTS OF STRIKE TO CONSUMER
1.Rise in prices
2.Scarcity of goods
3.Bad effect on quality of goods
DISADVANTAGES/EFFECT OF STRIKE TO THE GOVERNMENT
1.Loss of revenue, i.e income tax and VAT
2.Lack of order in a society
3.Blame by different parties
LOCKOUTS
DEFINITION
A lockout is a temporary work stoppage of employment initiated by the management
of the company during a labour dispute. Factory lockout is the ultimate weapon in the
hands of management when uncontrolled situation arise in the factory.
The major objective of lockout is to force employees to agree to employer demands.
REASONS FOR LOCKOUTS

8. 1.Dispute between workers and management. It may arise due to unsatisfied working
conditions such as lower bargaining power
2.Failure in maintaining proper industrial relations.(industrialpeace and harmony)
3.Continuous or accumulated financial losses of industry can lead to opt for lockout
by the management
4.If there is illegal strikes, continuous strikes by workers, it may lead to lockout of an
industry
5.If there is unrest, dispute between workers and workers. For example workers in the
same department having same experience and education being paid differently a
dispute may arise among them due to payment differences. This can result to poor
work performance leading to inability to achieve organizational objectives.
Generally lockout is used to enforce terms of employment upon a group of
employees during a dispute. A lockout can be used to force unionized workers to
accept changed conditions such as lower wages, promotion conditions, work hours
and so on. For example if a union is asking for higher wages, better benefits.
An employer may use the threat of lockout or an actual lockout to convince the union
to back down
WEAPONS USED BY EMPLOYER’S TO GET EMPLOYEES AGREE TO THEIR
CONDITIONS
1.Lockout
2.Strike breakers
3.Relocation: company moves the factory to a location that has a weaker or non
existent union
4.Yellow dog contract: Agreement between employee and employer that employee
will not join a trade union

9. WEAPONS USED BY EMPLOYEES TO GET THEIR DEMANDS AND NEEDS ACCEPTED
BY THE EMPLOYER
1.Strikes
2.Boycots:Workers and sympathizers refuse to buy the products of a company which
is in a dispute with its workers.
3.Political influence
4.Sabotage: Malicious destruction or willful waste of company properties.
5.Check off: Deduction are regularly taken from workers pay check to cover union
dues 6.Collective bargaining
7.Lobbying: union efforts to influence law makers

11. Prohibition of strikes and lockouts
Prohibition of strikes and lockouts Section 22(1),Section 22(2)
 Section 22(1) puts straight restrictions on S&L in public utility services unless
mandatory provisions of law are observed.
 Conditions:
a)Notice of S/L must be given to the employer or the wokmen within six weeks
before S/L
b)There must be no S/L within 14 days of giving such notice
c)No S/L can be declared before the expiry of that specified date
d)Any Conciliation are pending before Conciliation officer,no strike can be
called or Lockout declared during the pendency of conciliation proceedings
and 7 days after the conclusions of such proceedings.
 Section 22(2)
It lays down that no employer carrying on any public utility service shall
Lockout his workplace.
a)Without giving lockout notice
b)Within 14 days of giving such a notice
c)Before the expiry of the stipulated periodd)During pendency of any
conciliation proceedings before C.O & a week after such proceedings.
 Section 22(4) lays down that notice of strike shall be given by such number of
person to those in prescribed manner of section22(5)
 The prohibition as laid down in Section 22(2) against the employer is
similar to that against strike by workmen.
 For lockout a notice under Section22(2) is required to be given.
 A lockout without proper notice is Illegal under Section 24 of the Act.
General Prohibitions of Strikes and Lockout:

12. Section23According to Section23,no workman who is employed in any industrial
establishment shall go on strike in breach of contract & no employer of any such
workman declare a Lockout:
a) During the pendency of conciliation proceedings before a board & 7days after the
conclusion of such proceedings.
b) During the pendency of proceedings before a labour court, Industrial or national
tribunal & 2 months after the conclusion of such proceedings.
c) During the pendency of Arbitration proceedings before an arbitrator and two
months after the conclusion of such proceedings
.d) During the period in which a settlement or award is in operation,in respect of any
of the matters covered by the settlement or award.But there is no bar to call strike or
declare lockout in respect to other matters.
Prohibition of S&L by order of the Government
If an industrial dispute is refered to a board, labour court, Industrial or national
tribunal,the appropriate government may by order prohibit the continuance of a S/L
in connection with such dispute which may be in existence on the date of the
reference ;or which has been refered to arbitration and a notification has been issued
under the section.
A strike will not be treated as Illegal:
a) A strike in breach of the certified standing orders is not by itself legal.
b) A strike is called strictly in compliance with the provisions of the Act,
eg:when workman is imposed additional task.
c) If a lockout has been declared in consequence of an Illegal strike or a strike
declared in consequence of an Illegal lockout.

13. d) If a S/L was commenced before and continued during pendency of arbitration
proceedings and also if it continued after a reference has been made to a board,
labour court or any tribunal.
Prohibition of Financial Aid to Illegal S&L
Section 25 No person shall knowingly expand or apply any money in direct
furtherance or support of any illegal strike or lockouts.
Punishment for Illegal strikes
 If a strike is illegal then the guilty party is punishable under section 26 of the
Act.
 Even under Illegal strike a distinction has to be made between
i) Illegal but unjustified strike
ii) Illegal but justified strike.
 A strike may be unjustified-when raised in contravention of the provisions of
Act and both the demand & behavior of strikes are unjust.
 A strike is justified if it has been raised for a good cause & carried in peaceful
manner.