2. Industrial Disputes-Defination
The Industrial Disputes Act defines "Industrial dispute"
as a dispute or difference between workmen and
employers or between workmen and workmen, which is
connected with employment or non-employment or the
terms of employment or with the conditions of labour.
3. Forms of Industrial dispute
Industrial disputes can be classified on the following
grounds: Non-adjudicatory includes:
• Strikes
• General strikes
• Sectional strikes
• Unofficial strikes
• Bumper strike
• Slow-down strike
• Hunger strike
• Lightning strike
4. Lock outs
Lock out is counterpart of strike .It is the weapon
available to the employer to close down the factory
until the workers agree to resume work on the
conditions laid down by the employer .It may be
defined as “the closing of a place of an employment, or
the suspension of worker or the refusal of an employer
to continue to employ any number of persons employed
by him.
5. Gheraos
Gheraos means to surround .In this method a group of
workers initiate collective action aimed at preventing
members of the management from leaving the office
.This can happen outside the factory premises too. The
person who are ‘gheraoed ‘are not allowed to move for
long time, something even without food or water.
6. Causes of Industrial Disputes
Institutional causes:
Employment related causes
Non-recognition of union
Sympathy strikes
Psychological /social causes
Political Causes
7. Unfair Labor practice by
Management
Unfair labor practice on the part of the members of
management arises when they:
Interfere:
Dominate:
Discriminate:
Discharge:
Refuse: .
8. Unfair Labor Practice by Union
Restrain or coerce employees or employers in the
exercise of their legal rights.
Force an employer to discriminate against an employee
because of that employee’s membership or nonmember
ship in the union.
Refuse to bargain with an employer in good faith.
9. Method of Building Union –
Management Co-operation
Managers and personnel specialists can build
cooperation between the employer and the union
through. Prior consultant with union leaders to defuse
problems before they become formal grievance Sincere
concern for employee problems.
10. INDUSTRIAL DISPUTE
SETTLEMENT PROCEDURE
Negotiation
If, at any time, an employer or a collective bargaining
agent finds that an industrial dispute is likely to arise
between the employer and the workers or any of the
workers and the employer.
11. INDUSTRIAL DISPUTE
SETTLEMENT PROCEDURE
Conciliation:
If the party receiving communication fails to arrange a
meeting within fifteen days or if the parties fail to do a
settlement through negotiation within one month from the
date of the first meeting for negotiation, any of the parties
can apply to the conciliator within fifteen days from the
expiry of the said fifteen days.
12. INDUSTRIAL DISPUTE
SETTLEMENT PROCEDURE
Arbitration:
Arbitrator may be a person borne on a panel to be maintained by
the government or any other person agreed upon by the parties. If
the parties refer the dispute to the arbitrator than the arbitrator
shall give Award within a period of thirty days from the date on
which it was referred to him. After giving an award, the arbitrator
shall forward a copy to the parties and the Government.
14. The challenges to Management
Unions are at a crossroads .During recent years they have
experienced a steady decline in membership, political
power and prestige .Nevertheless ,unions represent a
significant challenge to management and operating
managers. At the same time many managers and union
leaders perceive government intervention as a political
threats to the traditional freedoms they have enjoyed
.Their common concern arise out of the fear that more
government laws will control their affairs.
15. Recommendations
The importance of labour law is very much in
Bangladesh perspective. It is highly importance in
Bangladesh perspective of labour law. We know that
labour is a most important part of an industry. So, we
cannot think an industry without labour. Labour right is
most essential in Bangladesh. But the labours are aware
about their right. They don’t know properly about labour
education. It is a great problem. For this reason, they
retrenched by the employee as the employers wish. Very
often, they retrenched without any legal process.
16. Conclusion
At end of part of industrial dispute we say that to meet
challenges and reduce to the possibility of industrial disputes and
to ensure higher productivity through harmony and peace we
need to increased union innovation and government intrusion
into the workplace, management professionals need department
is expanded by additional labor related section and also all
industry has to be followed labor laws which is imposed by
government precisely than it would be possible to minimize
industrial disputes