it is related to provision of Nepalese labor law 2048

1. INDUSTRIAL RELATIONS
Presented by: ASHMITA ACHARYA
LL.B 5th year

2. Industrial Relations
Industry
Industry refers to any act productive activity
in which an individual ( or a group of
individuals) is (are) engaged.
Relation
by relation we mean the relationship that exist
with in the boundary wall of the industry between
the employer his workmen.

3. • The term Industrial Relations basically called
as the interactions between employers,
employees and the government, and the
institution and associations.

4. Definitions
• The term industrial relations explains the
relationship between employees and
management which stem directly or indirectly
from union-employer relationship.
• Industrial relations are the relationship
between employees and employers with in
the organizational setting.

5. • Industrial relations also includes the
processes through which these
relationships are expressed (such as,
collective bargaining, workers’
participation in decision-making, and
grievance and dispute settlement),
and the management of conflict
between employers, workers and trade
unions, when it arises.

6. Importance
• Uninterrupted production
• Reduction in Industrial Disputes
• High morale
• Mental Revolution
• Reduced Wastage
• Foster Industrial Peace
• Promote Industrial Democracy

7. Grievance
• Grievance in general means a wrong or hardship
suffered, which is the ground of complaint.
• It is also said a formal complaint, especially in
context of a unionized workplace.
• According to Black’s Law Dictionary.. In context of
Labor Law , grievance is a complaint that is filed
by an employee or the employee’s union
representative and that usually concerns working
conditions, esp. an alleged violation of a
collective – bargaining agreement.

8. Grievance can be divided into two types
 Individual Grievance
 Collective Grievance

9. Individual Grievance
• Individual grievances are filed by individual
employees. These grievances can address issues
related to the collective agreement, discipline
and human rights, as well as other matters
affecting the individual employee concerned.
• Depending on the subject of the grievance,
individual grievances can also be referred to an
independent third party (an adjudicator or an
arbitrator) for a binding decision once the
internal grievance process has been exhausted.

10. Collective Grievance
• Collective grievances are filed by a “group of
employees” rather than by an individual
employee. Grievances of this type are used in
situations where a group of employees in the
same workplace or department face the same
problem. The problem must relate to the
interpretation or application of the collective
agreement. To proceed with a group
grievance, the union must obtain the consent
of each of the employees concerned.

11. • In many countries grievances contain the issue
of human right violations, sexual harassments
at work place also but in our country the
subject matter grievance at the industries
don't cover these topic . Rather these topic or
problems are deal through different other acts
or law provided in field of human right ,
harassments and so on.

12. • Our Labor Act 2048 also don’t contain the
word grievance but the term and motto of
Grievance is addressed by the term
‘Procedures Relating to Personal Claims or
Complaints’ in section 73 of Labor Act 2048
and ‘Procedures Relating to Submission of
Claims of Collective Dispute’ in sec 74 of
same Act.

13. • In accordance with our Labor Act 2048
provision related to grievance are as
mentioned….
• In relation to individual grievance:
If any one or more workers or employees
have any personal claim or complaint against
Proprietor relating to the service, the
concerned worker or employee may file it in
writing with the concerned Proprietor.

14. Proprietor shall have to discuss on it with
the concerned worker or employee and
settle the problem…
within a fifteen days (15 days)
If problem is not settled from discussion worker or employee may file a petition at
the concerned Labor Office specifying
clearly their claims.
Labor office must try to settle dispute by
discussion between the Proprietor and
the worker or employees
within fifteen days of the receipt of a
Claim in labor office.(15 days)
If the problem here again is not solved by
discussion the Chief of concerned Labor
Office shall have to decide on the dispute
With in seven days(7 days)
in case not being satisfied with the
decision made by labor office any party
can appeal to the Labor Court
With in thirty five days. (35 days)

15. • In relation to collective grievance:
Claims relative to collective right, interest or
privilege should be presented to the concerned
Proprietors in written form signed by at least fifty
one percent of the concerned workers or
employees.
• That particular claim should be presented to the
concerned proprietors by representatives.. For
this representatives should be nominated and the
claim shall be presented through such
representatives.

16. Proprietor shall have to discuss on it with
the concerned representative and try to
settle the problem
With in 21 days and shall enter into
agreement.
If the problem is not solved by discussion
in 21 days again Proprietor will organize
bilateral discussion with the
representatives in the presence of Labor
Office.
With in 15 days
If gain dispute is not solved by bilateral
discussion there shall be appoint of
mediator with both party concern.
If appoint of mediator is not possible a
committee of government, employee and
proprietor shall be made
The mediator or the committee appointed
decide the dispute
within fifteen days.(15 days)
Any parties who are not satisfied with the
decision made by mediator or committee
may appeal to Government of Nepal.
With in 35 day from day of decision of
mediator or committee.
If the mediator or committee don't give
their decision within the time-limit n if
the Government of Nepal don't pass
decision in six days limit
the workers or employees may strike by
following the procedures mentioned in
sec 76.

17. Sec 76
• In case the demands are not solved through the
process mentioned in Sub-section (3) of Section 73 the
workers and employees wish to strike in the Enterprise,
a notice in writing stating the claims and their
rationale, including with a resolution passed by at least
sixty percent of the total workers and employees
through secret ballot, shall have to be provided to the
concerned Proprietor thirty days in advance and an
information thereof shall also be given to the
Department of Labor, concerned Labor Office and the
local administration and a strike may be started
thereafter only.

18. Case where the claim are not fulfilled
(sec 75)
 claims which is contrary to the Constitution of Nepal
 claims which would affect other's interest due to being
based on untestified or baseless allegation
 Matter which is prejudicial to the personal conduct of any
worker or employee
 Matters unrelated to the Enterprise
 Where a period of two years has not elapsed( over or gone)
since the date of last collective agreement.

19. Collective Bargaining
• “Collective Bargaining is a process in which
the representatives of a labor organization &
the representatives of business organization
meet and attempt to negotiate a contract or
agreement, which specifies the nature of
employee-employer union relationship”.

20. • Collective Bargaining is essentially means
negotiations between the labor and
management.
• The parties have to adopt a flexible attitude
throughout the process of bargaining..
• It is based on give and take approach and take
or leave approach.
• Once both the parties know what they want,
negotiations become easier and better.

21. • Obviously all the above mentioned conditions
are required successful for Collective
Bargaining but the most essential among
them is the “good faith”.
• Collective Bargaining agreement is a written
format and it is essential because that acts as
a legal framework and as a guide to their
relationships on certain matters for a specified
period of time.

22. Pre- requisites of Collective Bargaining
• Pre-requisites which mean requirements. The
requirements of collective bargaining are:
Stake holder or public sentiments
Labor
Issued being discussed
Labor law
State and economy

25. Collective Bargaining Process
• Prepare
• Discuss
• Propose
• Bargain
• Settlement

26. Strike
• As mentioned in sec 76 of Labor Act 2048. if
the dispute between representative and
Proprietor is not solved by mediation and if
labor court is fail to provide decision in 6 days
limitation worker can go for strike by
submitting a formal letter to Proprietor before
30 days to notify the strike will b held.
• Letter must be signed by more than 60% of
worker.

27. Certain provision where employee
cant go on strike are: (sec.78)
• If the worker has a duty of control, security
and guard of any Enterprise.
• These employees may claim their genuine
demands to proprietor.
• If such demands are not fulfilled and a
dispute has been created then Government of
Nepal shall constitute a tribunal for solving it.
• The decision of the Tribunal shall be final and
binding upon both of the parties.

28. Lock Out (sec 77)
• Lock out means an event in which an
employer bars employees from working as a
tactic in negotiating terms of employment,
particularly in strike or threat to strike.
• The provision of lock out in our labor law is
mentioned in sec 77.

29. Lock out may held in certain
conditions:
1. If a strike has been started or continued without
giving prior notice to the concerned proprietor
or fulfilling the condition on sec 75.
2. if the collective dispute is not solved through the
process mentioned in Sub-section (3) of Section
73.
• In such case proprietor may declare lock out on
the Enterprise after submitting the justifications
with its rationale and obtaining the approval of
Government of Nepal.

30. • But….,
• Before announcing lock out Proprietor shall
issue a notice for the information of workers
and employees.
• This notice should be issued on seven days in
advance.
• It must specify the date of effecting the lock-
out and should announce that the Enterprise
shall be locked-out if the strike is not called
off.(77,2)

31. • Again incase,
• There is chance of damage or harm to the
Enterprise through riot, violence, destruction,
etc from the workers and employees during
the strike Proprietor may call for lock out
without notifying the employee.
• If a lockout is made in the Enterprise in such
situation, the Labor office and the
Department of Labor shall be informed about
the lock-out with reasons within three
days.(77(3))

32. • 77(4) says
• Government of Nepal may at any time declare
the lock-out of an enterprise as void, in case it
appears irrational or it is likely to cause a
breach in law and order conditions of the
country or it is contrary to the economic
interests of country.

33. Termination of Lock-out Period:
• Sec 81 states about it that,
• Where any Enterprise has been locked-out, if the
workers or employees are present for work or
here the Proprietor has declared the ending of
lock-out or where Government of Nepal has
declared such lock-out as illegal as per Section 76
or has order to end the strike under Section 79,
such lockout shall be deemed to have been
ended from the date of the declaration making it
illegal or from the date so ordered.

34. Remuneration for the Period of Lock-
out
If the lock out is found to b illegal
Remuneration for the Period of Lock-out
should be paid to the workers or employees.
Sec 82

35. Legal Validity of Collective
Agreement:(sec 79)
• Any agreement entered into between the
workers or employees and the Proprietor in
respect solving the dispute shall be deemed to
be of status equal to law upon the concerned
parties and such agreement shall have to be
registered in the Labor Office.

36. • An agreement registered in labor office shall
come to force from the date of mentioned in
the agreement,
• If no such date is mentioned in the
Agreement, it shall come into force from the
date in which it is registered in Labor Office.
• No demand in relation to the provisions
mentioned in such agreement shall be
permitted to put again for two years from the
date of its commencement.

37. Enforcement of Collective Agreement
sec 79 A
• In case the collective agreement entered into
pursuant to this Act is not implemented, the
concerned party may lodge a complaint in the
Labor Office.
• If any complaint is lodged the Labor Office
may implement the collective agreement by
following, as required the procedures set-
forth in Sub-section (5) of Section 25 as well.

38. Sec 25 sub sec 5
• This section is in relate to provision of Petition
to be Filed in cases a Deduction in
Remuneration Made or Delay Caused in
Payment or other Facilities not provided or
Delay Caused in providing such Facilities in an
Undue Manner.

39. Special Provisions for Settlement of
Dispute(sec 83)
• It can be also said special way of agreement .
• If Government of Nepal deems that a dispute
between workers or employers and the
Proprietor has arisen or there is possibility of
arising, Government of Nepal may constitute a
committee of one of more persons, or tripartite
committee consisting of representatives of the
Proprietor, the workers or employees and
Government of Nepal in order to resolve the
dispute. Such committee may regulate its own
procedures.

40. • In such case..
• Decision of Nepal Government shall be final
and binding to both parties.
• These committee shall have the powers of
examining the evidence and witnesses, of
requiring the presence of witnesses and
requiring the production of documents as per
prevailing laws similar to a court, in relation to
the dispute.

41. In conclusion
• IR is the relation of labor - management, employee
employers relations.
• Its is very important….
1. To safeguard the interest of labor and
management by securing the highest level of
mutual understanding and good-will among all
those sections in the industry which participate
in the process of production.
2. To avoid industrial conflict or strife and develop
harmonious relations,.

42. 1. To raise productivity to a higher level in
an era of full employment by lessening
the tendency to high turnover and
frequency absenteeism.
2. To improve the economic conditions of workers
in the existing state of industrial managements
and political government
3. To Protect management and labor interests by
securing mutual relations between the two
groups.

43. Praties involve in IR