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 – tsg@tsgandco.com; anand@tsgandco.com