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BUILDING IR CAPABILITES AMONG
HR STUDENTS
ANAND GOPALAN
Advocate
T.S.Gopalan & Co.
Advocates & Notaries
INDUSTRIAL DISPUTES ACT
INDUSTRIAL DISPUTES ACT
An Act to make provision for investigation and
settlement of Industrial Disputes
DEFINITIONS UNDER THE ID ACT
Appropriate Government. Industry. Industrial Dispute. Workmen.
INDUSTRIAL DISPUTES ACT
SECTION 2(k) Collective Union alone can raise a
dispute Must be referred by the
Government. Can be regarding any
dispute.
Section 2A Individual dispute Only workman can raise
dispute No reference required Can be only on limited
issues.
DISPUTE RESOLUTION
Conciliation Machinery and Adjudication process
Arbitration Tribunal.
Reference by Government.
Labour court and Tribunal.
Chapter VA
Lay off
Retrenchment
Chapter VB
Closure - Under the Act, closure of an industry or establishment means permanent closing down place of employment or part thereof.
In case of an establishment employing not less than 50 workmen, 60 days notice should be given to the Government stating clearly the reasons for the intended closure of the establishment.
The workmen who lose employment due to closure are entitled to compensation of 15 days wages for each completed year of service
When an establishment is closed due to unavoidable circumstances beyond the control of the employer, the maximum compensation would not exceed 3 months average wage of the employee. However financial difficulties, accumulation of stock or expiry of period of lease or license would not amount to unavoidable circumstances
Types of Settlement
Bilateral and Trilateral Settlement
Settlement under Section 18(1) and Section 12(3)
Certain provisions under the Industrial Disputes Act.
Change in service conditions (Section 9A).
Prosecution.
Unfair labour practice.
Approvals and permissions
STANDING ORDERS
Industrial Employment Standing Orders Act 1946
Applies in Tamil Nadu to establishments employing 20 or more persons (G.O.Ms.No.2272 , 11th November 1986).
Model Standing Orders has been provided under the Rules.
Certification to be obtained. Difference between Model and Certified
Standing Orders
Classification of workmen
Permanent Probationers Temporary Badli Casual Seasonal and Apprentices.
MISCONDUCT
Misconduct Willful insubordination or disobedience.
Strike, theft, fraud, dishonesty.
Absence without leave.
Breach of Standing Orders.
Engaging in trade within the premises of Industrial establishment.
Drunkenness, riots or disorderly behavior .
Sleeping while on duty.
Distribution of pamphlets
Negligence or carelessness relating in damage to property.
Willful slow going down.
Conviction by Court of law.
PUNISHMENT
Punishments
Wage cut Withhold of increment Demotion Suspension up to 30 days Dismissal
DISCIPLINARY AUTHORITY AND HIS
POWERS
Powers of the Disciplinary Authority
The manner in which the power is exercised
Judicial review of the same
FACTORIES ACT
Requirement to register factories
Hazardous Process Working hours Leave with wages Penalties and Procedures
HEALTH, SAFETY AND WELFARE
Health, Safety and Welfare
Health: Cleanliness Ventilation Drinking water Over crowd Lighting.
Health, Safety and Welfare
Safety - Safety of machinery. Excessive weight. Protection of eyes. Floor, Stairs, safety offices. Hazardous process
Health, Safety and Welfare
Welfare: Washing facilities, First Aid appliances. Canteen Rest Rooms.
TRADE UNION ACT
TRADE UNION Trade union is the spokesman for body of
workmen or it is the collective agent representing their voices. Recognition of trade unions is not codified so far in Tamil Nadu thus leaving it to the pleasure of the management. However times are changing and non recognition of the union which commands membership of substantial percentage of workmen is one of the important reasons for industrial unrest in the country.
Trade Union movement in the country date backs to pre independence period. Trade union has strong presence in Industries like the textile, banking, insurance, mines, steel, cement, sugar, etc
Is the trade union is a friend or a foe to the employer? This is a debatable issue
The trade union can be represented by an outsider rendering advice to the workmen
There can be more than one trade union in an establishment
Verification of membership of a trade union is also a debatable issue namely whether it should be through secret ballot or through check off system
Multinationals putting up industry in India has shown a distinct aversion to formation of trade union in their establishment
CONTRACT LABOUR (REGULATION & ABOLITION) ACT
1970 – CLRA Act came into force
Abolition of contract labour in any process, operation or any work in any establishment,
• Work is incidental to manufacture;
• Work is perennial in nature;
• Work is done ordinarily through regular workmen in the said establishment or similar establishment;
• Work is sufficient to employ whole time workmen.
RESPONSIBILITIES OF PRINCIPAL EMPLOYER TOWARDS CONTRACT LABOUR
To provide canteen if 100 or more contract labour are engaged
To provide rest room fortnight stay for contract labour
To provide clean drinking water To provide sufficient
latrines/urinals
RESPONSIBILITIES OF PRINCIPAL EMPLOYER TOWARDS CONTRACT LABOUR
To provide First Aid facility To ensure payment of due wages To ensure compliance of ESI Act, EPF Act, Payment
of Gratuity Act and any monetary liability under WC Act if establishment is not covered under ESI Act.
Contract workmen’s wages should not be less than the minimum rate of wages fixed for the industry.
If contract labour performing same work performed by the employees of principal employer, wages, hours of work and service condition should be the same.
THANK YOU
Anand Gopalan
Partner
T.S.Gopalan & Co.,
Advocates & Notaries,No. 2, Lakshmanan Street, T.Nagar,
Chennai – 600 017.
Mob: 99401 57326.
Email – [email protected]; [email protected]