Industrial disputes and its management In the context of Nepal

1. INDUSTRIAL
DISPUTE AND
ITS
MANAGEMENT
Presented by:- Tsering Ngutuk
Gurung
Roll No.:- PAS076MSIEM017

2. OUTLINES
• Introduction
• Characteristics of Industrial Disputes
• Different Types of Industrial Disputes
• Causes of Industrial Disputes
• Effects of Industrial Disputes
• Forms of Industrial Disputes
• Act Related to Industrial Disputes
• Necessity of Dispute management
• Key Constraints to Resolving Industrial
Disputes
• Mechanism for Dispute settlement
• Conclusions

3. INTRODUCTION
• An industrial dispute is defined as a conflict or a difference in opinion
between management and workers regarding employment.
• Any dispute or difference between
a) Employers and Employers
b) Employers and Workmen
c) Workmen and Workmen
Employers
Employees
Workmen

4. Characteristics
of Industrial
Dispute
Parties
Relation
Forms
Oral or Written
Real
Substantial interest
Related to Industry
Clarification
Origin

5. Different
Types of
Disputes
Interest Disputes
Disputes over Unfair Labour
Practices
Grievance or Right Disputes
Recognition Disputes

6. Causes of Industrial Disputes
Economic Causes (Wages,
Bonus, Safety of Works,
Working Conditions,
Medical & Other Facilities)
Technologies Causes
(Unstable technology,
Difficulty in technology
adoption, Resistance to
change, Fear of
Unemployment)
Political Causes (Political
instability, Strike against the
Government, Affiliation of
political parties with unions)
Managerial Causes ( Non-
recognition of Unions
Behaviour of Manager/
Superviser, Defective
Development
Policies, Violation of
Accepted Code of Conduct)
Social Causes (Low morale
in society, Social values and
norms, Rich vs Poor
Disparity, Class of
Divisions)
Psychological Causes
(Conflict in individual and
organizational objectives,
Motivational problems,
Personality clashes,
Attitudinal problems)

7. Effects of Industrial Disputes
Negative Effects
• Effects on workers
• Effects Employers
• Effects on Government
• Effects on Consumers
• Other effects
Positive Effects
• Unity among Workers
• Good Wages
• Good Working Conditions
• Enforcement of Labour Laws
• Improvement in Industrialist's
Behaviour
• Recognition to Labour Unions

8. Forms
of Industrial
Disputes
Strikes
• Token strikes
• Strike and Work
According to Rule
• Go Slow Strike
• Sympathy Strike
• Hunger Strike
• Pen-Down Strike
Lock-out
Gheraos Bundhs

9. Strikes in Nepal
Some previous strikes
• Nation-wide industrial strike by Trade union demanding immediate
implementation of the minimum wages fixed by the government.
• Hunger strike by Dr Govinda KC calling for reforms in medical
education

10. Some Major Industrial Disputes in Nepal
• Biratnagar Jute Mills
• Soaltee Hotel
• Balaju Textile Industry
• Hetauda Textile Industry
• Himal Cement Factory
• Colgate Palmotive
• Yak & Yeti Hotel
• Nepal Liver Limited
• Shanti Banaspati Ghee
• Momento Apparels
• Surya Nepal
• Hulas Steels
• Bottlers Nepal
• Birgunj Sugar Mill

11. Act Related to Industrial Disputes
• Labour Act, 2048 and Labour Rules, 2050
• Bonus Act, 2030 and Rules 2039
• Trade Union Act, 2049 and Trade Union Rules, 2050
• Child Labour ( Regulation and Prohibition Act, 2056)

12. Necessity of Dispute Resolution
• To increase the productivity of Industry
• To mobilize the human resources in effective way
• To maintain peace and order
• To minimize the possibility of a dispute or misunderstanding escalating
to the point where the parties are faced with a time consuming and
expensive court action

13. Key Constraints to Resolving Industrial
Dispute
• Political issues taking precedence over workers' issues
• Limited dialogue between employers and employees
• Inter-union rivalry
• Difficulty in establishing an official trade union for collective bargaining
• Weak labour institutions and limited non-legislative resource
• Lack of implementation of proper industrial relations

14. Mechanism for Dispute Settlement
• Collective Bargaining
• Code of Discipline
• Grievance Procedure
• Arbitration
• Conciliation
• Adjudication
• Consultive Machinery

15. Conclusions
• Settlement of disputes is deemed essential because consequences of
industrial disputes are harmful to all the stakeholders, management,
employees, economy and the society.
• For management, disputes results in loss of production, revenue, profit,
and even sickness of the plant.
• Employees would be hard hit as the disputes may lead to lockouts and
consequent loss of wages and even jobs.

16. THANK YOU!