Industrial dispute act,1947 Flashcards
Industrial Dispute Act, 1947 does not apply to -
- -> managerial or administrative capacity
- -> supervisory capacity and drawing more than Rs. 10,000 per month
- -> executing managerial functions
- -> persons subject to Army Act, Air Force and Navy Act or those in police service or officer or employee of a prison.
Types of strikes-
Economic strike Sympathetic strike General strike Tools down/ Pen down strike/ Sit Down Strike/ stay in strike Slow Down Strike
Under __________strike, members of the trade union stop work to enforce their economic demands such as wages, bonus, and other conditions of work.
Economic Strike
Under __________strike, the members of a union collectively stop work to support or express their sympathy with the members of other unions who are on strike in the other undertakings.
Sympathetic Strike
A strike by members of all or most of the unions in a region or an industry. It may be a strike of all the workers in a particular region of industry to force demands common to all the workers.
General Strike
The workers remain at their work-place and also keep their control over the work facilities. Workers do not leave their place of work, but stop work.
Tools down/ Pen down strike/ Sit Down Strike/ stay in strike
Employees remain on their jobs under this type of strike. They do not stop work, but restrict the rate of output in an organised manner.
Slow Down Strike
When workers are dissuaded from reporting for work by stationing certain men at the factory gates. It is basically a method of drawing the attention of public towards the fact there is a dispute between the management and the workers.
Picketing
A collective action initiated by a group of workers under which members of the management of an industrial establishment are prohibited from leaving the business or residential premises by the workers who block their exit through human barricade.
gherao
National Commission on Labour, __________ cannot be treated as a form of industrial protest because it involves physical coercion rather than economic pressure.
gherao
______________ is declared by the employers to put pressure on their workers. It is an act on the part of the employers to close down the place of work until the workers agree to resume the work on the terms and conditions specified by the employers.
Lock-out
____________means the temporary closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.
lock-out
Which are to curb the activities of militant workers?
Lock-outs
__________ is declared as a trial of strength between the management and its employees.
Lock-out
Dismissal and Discharge of workman ?
Discharge refers to termination of service due to any reason including retrenchment after following the provisions of Industrial Disputes Act. A discharged employee shall be eligible for unpaid benefits from the company.
Dismissal is made for such gross negligence, the gravity of offence is beyond tolerable. An employee dismissed will not be paid gratuity and unavailed benefits.
The principle of ‘last come; First go’ is for-
Retrenchment of the workman(job se nikalna)
Retrenchment as the termination by the employer of the service of a workman for any reason whatsoever, but does not include -
(a) Voluntary retirement (Samay se pehle retire hona)
(b) Punishment
(c) Retirement of the workman on reaching the age
(d) non-removal of the contract of employment between the employer and the workman.
(e) continued ill-health.
Conditions precedent to retrenchment of workmen:
(a) one month’s notice
(b) fifteen days’ average pay
(c)notice in the prescribed manner
(d) notify the appropriate government is directory and
not mandatory for industry less than 100 employees.
(e) For industry establishment in which not less than 100 workmen are employed - compulsory permission
Termination of employment (with or without notice) by the employer or management ?
Lay-off
————-are not caused by any fault of the employees but by reasons such as lack of work, cash, or material.
Layoffs
“lay-off” means the failure, refusal or inability of an employer on account of –
1) Shortage of coal,
2) Power or raw materials or the accumulation of stocks or
3) Break-down of machinery or
4) Natural calamity
lay-off compensation–
(a) equal to 50% of the total of the basic wages and dearness allowance that would have been payable to him, had he not been so laid off.
(b) maximum days allowed to Layoff of employee by employer is 45 days.
(c) Both to the employer and to the workmen because both of them are put to a loss of 50% wages.
(d) the parties can enter into an agreement not to continue lay-off after a period of 45 days in a year.
Compulsory permission from competent authority by employer to lay off of workmen—
(a) For Industrial establishments in which not less than 100 workmen are employed, on an average per working day and are of not being seasonal character and in which work is performed only intermittently.
(b) if the employer does not apply to seek prior permission or where such permission is refused by the competent authority specified above, to effect lay-off, such lay-off shall be considered as illegal and the workmen laid-off shall be entitled to all benefits as if they have not been laid-off.
Layoff is temporary or permanent?
temporary
