Brief about labor law and strikes

1. • As per Cambridge Dictionary “Strike is to refuse to continue working
because of an argument with an employer about working conditions,
pay levels, or job losses”.
• The industrial dispute act under 2 (q) defines strikes as “a cessation of
work by a body of persons employed in any industry acting in
combination, or a concerted refusal, or a refusal, under a common
understanding of any number of persons who are or have been so
employed to continue to work or to accept employment”.
• The purpose of a strike is to compel an employer to agree to terms and
conditions of employment, whereas a lockout is intended to exert
similar pressure on the employees and the union.
Meaning of STRIKE

2. Dispute Act, 1947 put certain prohibitions on the right to strike. It provides that no person
employed in public utility service shall go on strike in breach of contract:
• Without giving to employer notice of strike with in six weeks before striking; or
• Within fourteen days of giving such notice; or
• Before the expiry of the date of strike specified in any such notice as aforesaid; or
• During the pendency of any conciliation proceedings before a conciliation officer and seven
days after the conclusion of such proceedings.
It is to be noted that these provisions do not prohibit the workmen from going on strike but
require them to fulfill the condition before going on strike. Further these provisions apply to a
public utility service only. The Industrial Dispute Act, 1947 does not specifically mention as to
who goes on strike. However, the definition of strike itself suggests that the strikers must be
persons, employed in any industry to do work.
Valid strike under ID
under ID ACT

3. Notice of strike
Notice to strike within six weeks before striking is not necessary where there is already
lockout in existence. In mineral Miner Union vs. Kudremukh5 Iron Ore Co. Ltd., it was
held that the provisions of section 22 are mandatory and the date on which the
workmen proposed to go on strike should be specified in the notice. If meanwhile the
date of strike specified in the notice of strike expires, workmen have to give fresh notice.
It may be noted that if a lock out is already in existence and employees want to resort to
strike, it is not necessary to give notice as is otherwise required.
General prohibition of strike
The provisions of section 23 are general in nature. It imposes general restrictions on
declaring strike in breach of contract in the both public as well as non- public utility
services in the following circumstances mainly: -
• During the pendency of conciliation proceedings before a board and till the expiry of
7 days after the conclusion of such proceedings;
• During the pendency and 2 month’s after the conclusion of proceedings before a
Labour court, Tribunal or National Tribunal;
• During the pendency and 2 months after the conclusion of arbitrator, when a
notification has been issued under sub- section 3 (a) of section 10 A;
• During any period in which a settlement or award is in operation in respect of any of
the matter covered by the settlement or award.

4. Positive Implications of STRIKE
A strike signals the transfer of power from the employer to the union.
While the employer has a right to employ and retrench workers, in the
case of a strike, the right to not come to the place of work is with the
union. This transfer of right also means higher bargaining power for the
union . A strike is also used by the union to unite its members and send
a strong signal to the management. In this case, strike also becomes an
effective tool for the union to regain any lost support among the
worker

5. Negative Implication of STRIKE
The most direct implication of a strike on the workers is the non-
payment of wages during the strike period. As explained earlier, the
wages might be paid at a later date only if the strike is both justified
and legal. However, during the strike period, the workers have to
survive without pay . Hence, as the strike period keeps increasing, the
bargaining power of the union starts to decrease again and might go to
levels lower than the pre-strike period.

6. 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.
• 4.IT BRINGS DEMOCARCY Strikes gives power, authority for workers to plan
something. it enable workers to participate in management decision making.

7. 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

8. DISADVANTAGES OF STRIKES TO
EMPLOYER
• 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