Tag: labourlaws

Background

For an empowered, affluent, and Aatmanirbhar India, workers must have more influence. Even after 73 years of independence, 90% of employees are still employed in the unorganized sector, where they are not eligible for all social security benefits. Over 50 crores of people are employed in both the formal and unorganized sectors combined. For the first time, a government is taking care of employees and their families in both the organized and unorganized sectors. India, a country where employment is not at will, has seen its fair share of job-related lawsuits, many of which involved allegations of unfair labour practices and wrongful termination. Although mainly restricted to the industrial sectors, labour unions have continued to be active throughout the nation. The new labour laws in India have not yet gone into force. 29 federal labour statutes are replaced by the four labour codes. Once put into effect, it will significantly alter our labour law system.

Defining Labour Laws in India

Labour law, often known as employment law, is the set of laws, administrative judgements, and precedents that address the legal rights and constraints of workers and their organizations. As a result, it mediates a number of relationship-related issues between trade unions, both employers and workers. In other words, labour law outlines the duties and responsibilities of employees, union members, and employers. In general, labour law addresses:

• Industrial relations include union certification, labour-management interactions, collective bargaining, and unfair labour practices.
• Occupational health and safety;
• Employment requirements, such as severance compensation, minimum salary, layoff processes, general holidays, yearly leave, and working hours.

In the past, the Indian government at the federal and state levels strove to guarantee that employees had a high level of protection, but in reality, this has changed because of the structure of government and since labour is a topic on the concurrent list of the Indian Constitution. The Minimum Wages Act of 1948 mandates that businesses pay the government-set minimum wage and cap workweeks at 40 hours (9 hours a day including an hour of break). Since the reward for overtime is 100% of the overall salary, it is strongly discouraged. The Payment of Wages Act of 1936 requires that wages be paid promptly by bank transfer or postal service on the last working day of each month.

The Payment of Wages Act of 1936 requires that wages be paid promptly by bank transfer or postal service on the last working day of each month. Each employee is required to take 15 working days of fully paid vacation time each year, in addition to an extra 7 completely paid sick days, under the Factories Act of 1948 and the Shops and Establishments Act of 1960. Every company’s female employees are now entitled to 6 months of fully compensated maternity leave thanks to the Maternity Benefit (Amendment) Act of 2017. Additionally, it offers 6 weeks of paid time off in the event of a miscarriage or medical termination of pregnancy.

Workers can access the essential social security for retirement benefits, medical care, and unemployment benefits through the Employees’ Provident Fund Organization and the Employees’ State Insurance, all of which are controlled by statutes. Employees who qualify for Employees’ State Insurance coverage (those making less than Rs. 21000/month) are also eligible for 90 days of paid medical leave. It is always possible to include more rights in an employment contract than the bare minimum required by law. Four labour regulations were adopted by the Indian parliament in the 2019 and 2020 sessions. The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code 2020, and The Code on Wages 2019 will combine 44 current labour laws.

History of Labour laws

The need for improved working conditions, the right to organize, and employer demands to limit employee rights in numerous groups and keep labour costs down led to the development of labour law. Therefore, the situation of labour legislation at any one moment is both a result of and an element of conflicts between various interests in society.

One of the earliest organizations to address labour concerns was the International Labour Organization (ILO). Following the signing of the Treaty of Versailles, which brought an end to World War I, the League of Nations formed the ILO as an agency. During and soon after the war, several countries focused on post-war rebuilding and the preservation of labour unions. Workers who wanted improved working conditions, as well as trade unions that objected by going on strike, were routinely and violently suppressed. Following the achievement of independence in 1947, a number of fundamental labour rights—including the ability to join and participate in unions, the idea of workplace equality, and the desire to establish a living wage and respectable working conditions—were incorporated into the Indian Constitution of 1950.

Constitutional Provisions under Labour laws

Articles 14–16, 19(1)(c), 23–24, 38, and 41–43A of the 1950 Indian Constitution specifically address labour rights. Everyone shall be treated equally under the law, according to article 14, and discrimination against citizens is prohibited under article 15. Article 16 also grants the right to “equality of opportunity” for employment or other state-related appointments. Everyone has the special right “to organize groups or unions,” according to Article 19(1)(c). Articles 23 and 24 forbid child labour under the age of 14 in factories, mines, or “any other dangerous occupation,” respectively. Article 23 also outlaws all forms of trafficking and forced labour. According to the Indian Constitution, labour is a concurrent topic, meaning that both the Union and the state governments have the authority to enact and enforce labour laws. The majority of significant pieces of legislation have been passed by the Parliament.

The following categories apply to the laws:

1) Central Government-enacted labour legislation, whose exclusive enforcement rests with the Central Government.

2) Central government-enacted labour rules that are upheld by both the federal and state governments.

3) State governments implement federal labour rules that the federal government enacts.

4) The different State Governments have passed and are enforcing labour regulations that are applicable to their respective States.

Indian Labour Policy

India’s labour strategy has evolved in response to the country’s unique circumstances in order to meet the demands of social justice and planned economic growth. Its dual goals are to preserve industrial peace and advance worker welfare.

Workplace reforms implemented since 2014

The use of IT-enabled systems for inspection has been made required for openness and accountability.

• The maximum allowable gratuity has risen as of March 29, 2018, from Rs. 10 Lakhs to Rs. 20 Lakhs.
• On 16.02.2017, the Payment of Wages Act became effective. Salary distribution to workers by check or giving it to their bank account for credit.
• The 2017 Maternity Benefit Amendment Act went into effect on April 1, 2017, and raised the 12 to 26 weeks of paid maternity leave weeks.

The 4 Labour Codes of India

2019 Code of Wages

The Code on Wages aims to control salary and bonus payments in all work situations involving any type of manufacture, trade, or industry. It combines four pieces of legislation: the Equal Remuneration Act, the Payment of Bonus Act of 1965, the Minimum Wage Act, and the Payment of Wages Act.

The Code’s primary characteristics are:

1. The State or Central Government may not revise the minimum wage more frequently than every five years.
2. Any person who directly or indirectly employs one or more people at an institution is considered an employer for purposes of this term.
3. The Payment of Salaries Act only applies to workers making less than Rs. 24,000 per month in wages. The Code on Wages has now eliminated this upper restriction. Therefore, regardless of monthly earnings, the Code should be applicable to all employees.
4. In contrast to the many definitions provided in the Payment of Wages Act, 1936, the Minimum Wages Act, 1948 (Minimum Wages Act, 1948), and the Payment of Bonus Act, 1965, the Code offers a uniform definition of the term “Wages.”
5. Employers are required to provide salaries equal to at least 50% of total compensation under the conditions outlined in the Code. Basic pay, dearness allowance, and retention allowance are included in the calculation of earnings; home rent allowance, conveyance, statutory bonus, overtime allowance, and commissions are not. Basic wage and dearness allowance must make up at least 50% of the cost to the company.
6. Employers are not allowed to pay employees less than the minimum wage. The Central or State Governments, depending on the situation, are obligated to notify minimum salaries based on I the time or quantity produced, (ii) the employees’ skill, and (iii) the complexity of the task.
7. According to the requirements of the Code, the Central and State Governments should establish Advisory Boards. Members of the Central Advisory Board must represent both businesses and employees, as well as five state government representatives and independents. The State Advisory Board must include an independent member as well as representatives from companies and employees.
8. State Advisory Boards will be made up of independent individuals, employers, and workers. Additionally, women will make up one-third of the total members of the central and state boards. The Boards will provide guidance to the national governments on a variety of topics, such as setting minimum salaries and (ii) expanding possibilities for women in the workforce.

2020 Social Security Code

The Code on Social Security aims to update and codify the social security laws to cover all employees and workers, whether they are employed in the organized, unorganized, or any other sector.

Employees’ Compensation Act of 1923, Employees’ State Insurance Act of 1948, Employees’ Provident Funds and Miscellaneous Provisions Act of 1952, Employment Exchanges (Compulsory Notice of Vacancies) Act of 1959, Maternity Benefit Act of 1961, Payment of Gratuity Act of 1972, Cine Workers Welfare Fund Act of 1981, Building and Other Construction Workers Welfare Cess Act of 1996, and Unorganized Workers’ Social Security Act of 2008.

The Code’s primary characteristics are:

1. Fixed-term employment, home-based workers, independent contractors, platform workers, and gig workers have all been defined.
2. The term “employee” was added and is now used consistently across the whole Code.
3. According to Section 3 of the Code, if an industry establishment is already registered under another Central labour regulation, registration is not required.
4. The enforceability of social security organizations and their bylaws is provided in Section 4 of the Code. It is necessary for the administration of funds for various personnel.
5. A fixed limitation period of 5 years will be established under Section 125 of the Code, including actions and enquiries to determine an employee’s financial obligations.
6. Aggregators are described in the Code as a digital middleman or marketplace that connects a service’s user or buyer with its supplier or provider. The list of aggregators must pay between 1% and 2% of their yearly revenue to the social security fund, as stated in Schedule 7 of the Code.
7. Employers are required to pay gratuities to fixed-term employees on a pro-rata basis. For working journalists, the gratuity term has been lowered from five years to three.

2020 Industrial Relation Code

The Code on Industrial Relations aims to make compliance easier to achieve and encourages convenience for customers and employees. The Industrial Disputes Act of 1947, the Industrial Employment (Standing Orders) Act of 1946, and the Trade Unions Act of 1926 are all included in this law.

The appropriate government may require the employer of an industrial business where 100 or more workers are engaged or have been employed on any day over the previous 12 months to form a works committee.

Industrial establishments with 20 or more employees must have a grievance redressal committee or committees to handle individual grievance problems.

Any trade union with seven or more members may register online or in another manner under the Code.

Every industrial enterprise where 300 or more employees are engaged or were employed on any day during the previous year is subject to the Standing Orders.

The Code’s primary characteristics are:

1. Defines “employee” and “fixed-term employment” in the introduction.
2. In the Code, the phrase “workmen” has been changed to “worker.”
3. Today, more than 50% of employees define a “strike” as “mass casual leave” on any given day.
4. Any grievance must now be filed with the grievance redressal committee in accordance with the Code, and an inquiry and its investigation must be finished within 90 days. The time frame begins on the day the employee was suspended.
5. According to the Industrial Establishment Standing Order Act of 1946, standing orders were only applicable to workplaces with 100 or more employees. Standing order requirements have now been raised from 100 to 300 employees.
6. In establishments with several trade unions, the Code has established a “single negotiating union.” According to Section 14 of the Code, this only negotiating union must have 51% or more workers as members. Terms with the employer may only be discussed by one negotiating union. In the absence of a qualifying exclusive bargaining union, a bargaining council made up of at least 20% of the workforce shall be established.
7. After being laid off, people might find employment thanks to provisions in the Code. An initial fund made up of payments from the employer and the appropriate government must be established.
8. The Central Government shall establish a national industrial tribunal and one or more industrial tribunals as the framework for resolving labour disputes.

Occupational Safety, Health, and Working Conditions Code of 2020

The Code on Occupational Safety, Health, and Working Conditions aim to control workplace health and safety conditions for employees in all mines and docks as well as companies with 10 or more employees.

It incorporates thirteen pieces of legislation, including the Factories Act of 1948, the Mines Act of 1952, the Dock Workers Act of 1986, the Contract Labor Act of 1970, the Inter-State Migrant Workers Act of 1979, the Plantations Labor Act of 1951, the Working Journalist and Other News Paper Employees (Conditions of Service and Miscellaneous Provision) Act of 1955, the Working Journalist (Fixation of Rates of Wages) Act of 1958, the Motor Transport Workers Act of 1961, The Sales Promotion Employees (Conditions of Service) Act, 1976 and The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.

The Code’s primary characteristics are:

1. For those working in transportation, media, and sales, specific clauses outline leave policies and working hours.
2. Section 32 of the Code lays forth the rules for leave encashment at the moment of discharge/dismissal, death, or superannuation while employed. At the conclusion of the calendar year, provisions pertaining to leave encashment are available. Most importantly, the Code allows for leave carryover in the event that a worker does not use all of the leave that is granted to him in a given calendar year. However, the maximum number of days of unpaid leave that may be carried forward is 30, and any unpaid leave that has been denied can be carried forward indefinitely.
3. All businesses are required to provide bathrooms, showers, and locker rooms for employees who identify as male, female, or transgender.
4. There is now a clause that allows the employee to provide permission for the employer to work overtime. It will also be applicable to small businesses with up to 10 employees. The workers will also be paid twice as much for any overtime they put in.
5. Employers are expected to arrange for the employee’s yearly health exams at their own expense.

Conclusion

The Minimum Wages Act of 1948 mandates that businesses pay the government-set minimum wage and cap workweeks at 40 hours (9 hours a day including an hour of break). Since the reward for overtime is 100% of the overall salary, it is strongly discouraged. Each employee is required to take 15 working days of fully paid vacation time each year, in addition to an extra 7 completely paid sick days. Every company’s female employees are now entitled to 6 months of fully compensated maternity leave. Four labour regulations were adopted by the Indian parliament in the 2019 and 2020 sessions.

The need for improved working conditions, the right to organize, and employer demands to limit employee rights led to the development of labour law. Following the achievement of independence in 1947, a number of fundamental labour rights were incorporated into the Indian Constitution. India’s labour strategy has evolved to meet the demands of social justice and planned economic growth. The use of IT-enabled systems for inspection has been made required for openness and accountability. The Code on Wages aims to control salary and bonus payments in all work situations involving any type of manufacture, trade, or industry.

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References

1. New Labour Code for India
2. Minimum Wages Act, 1948
3. The Payment of Wages Act, 1936
4. The Factories Act, 1948)

This article is written by Puneet Kaur, a second-year student.

Introduction

Children are viewed as the personification of innocence in a human form. Children are the most pristine manifestations of humanity because they are unaffected by materialistic concerns. It is true that a nation’s fate can be effectively predicted by the state of its women and children. However, when kids are compelled to work and earn a living, their childhood purity, innocence, and morals are taken from them. India, home to the greatest youth population in the world, has one of the oldest and most significant issues with child labour. Despite the fact that the country’s politicians have passed numerous laws, child labour is still pervasive in many places, particularly in rural India.

Child labour is a widespread issue that is not specific to any one nation. The use of children in any type of manual labour is referred to as “child labour.” A “child” is defined as a person under the Child Labour (Prohibition and Regulation) Act, 1986 as someone who is under the age of 14. A child is compelled to labour and provide for his or her family at a young age when they should be expected to develop, enjoy childhood to the fullest, pursue education, and develop strong moral principles.

Article 23 of the Indian Constitution prohibits all forms of forced labour. Article 24 stipulates that no child under the age of 14 may be employed to conduct hazardous employment. Similarly, Article 39 specifies that “the health and vigour of workers, men and women, as well as children’s tender age, are not mistreated.” Similarly, the Child Labour Act (Prohibition and Regulation) 1986 forbids children under the age of 14 from working in hazardous industries or procedures. The Child Labour (Prohibition & Regulation) Amendment Act 2016 outlaws the employment of children under the age of 14 in all occupations and processes, as well as the employment of adolescents (14-18 years) in scheduled hazardous activities and processes.

Children’s participation in the informal economy and home-based jobs is increasing. Children work in agricultural, manual, domestic, and hazardous industries, such as matchbox, rag-picking, brick kilns, beedi-rolling, and so on. The most heinous kinds of child labour entail children being exploited, separated from their families, subjected to dangerous risks and illnesses, and often left to fend for themselves on the streets of major cities at a young age. Slavery, Child Trafficking, Debt Bondage, Serfdom, Forced Labour, and begar are the worst forms of child labour, according to the International Labour Organization.

Education is an essential component as well as one of the most significant tools of social advancement. A country’s growth might be praised or devalued based on its literacy rate. Civil upheaval and other social calamities lead to a shortage of knowledge. Child labour is one of the effects that bring our social behaviour about the country’s destiny into question. Every aspect of civilization, even this one, has been devastated by the worldwide pandemic. Working from home and taking online classes may appeal to a specific demographic. It has been a catastrophe for the remaining impoverished. The situation worsened for the children who had been exposed to the virus, and the struggle for the comfort of the fortunate intensified.

As a diverse country with different civilizations, India conforms to legal boundaries that are equally tolerant of other traditions. Education allows us to make distinctions between good and bad norms. Educational cultures should be regarded as the cornerstone of advancement among distinct civilizations. The research examines all of the various aspects of child labour, as well as the role of education in eradicating it. It is difficult to oppose social taboos without schooling a country’s people, but it is much more difficult to combat social taboos with educated individuals who are not socially conscious.

Importance of Education

Education is the component that contributes to human resource development, which includes a better and more sustainable natural upbringing for everybody. The major goal of the educational system is to give knowledge skills while also transmitting some key values. Economically, the final education package will differ between countries and cultures. In another dimension, it has been observed that the limited number of schools, their absence, the clash of school time and agricultural operations, the cost of schooling, and the limited nature of providing jobs opportunities to enter the labour market facilitate the route of children belonging to the state class. Children are eager to learn, but only with the proper authorization of their owners and parents.

They are particularly concerned about the cost of higher education and other expenses, therefore they want it to be free and close to their house. More than 86 million rural children in the age range of 5-14 years have not been enrolled in the school register, out of 140 million. In rural areas, approximately 62% of children do not attend primary school. Whereas Article 45 (Directive Principles of State Policy) specifies that “the state should attempt to offer” free and obligatory education for all children till the age of 14 years within a period of ten years from the start of this constitution.” However, compulsory schooling for children as an assimilation technique has been proved to be misleading. As a result, the phenomenon of child labour is the result of such apathy toward education. As a result of this disregard for education, the issue of child labour has emerged.

It not only helps children gain vital skills but also allows them to have a respectable life in the future. Education and training are essential drivers of social, economic, and democratic advancement. The elimination of all educational expenditures will result in the education of a huge portion of society. A strategy based on educating children and dragging them out of poverty will lessen the amount of child labour cases we now confront. No one has the ability to reject education as a fundamental right. It helps to change people’s perspectives on life and makes them better people.

Education is a lifelong endeavour. It commences when we are born and concludes when we die. It exists in all societies and takes numerous forms, ranging from the “school of hard knocks,” or learning via experience, to formal institutional learning—from post-industrial to non-industrial communities, rural to metropolitan settings, and young to elder learners. Education fosters critical thinking skills. This is crucial for teaching someone how to utilize intellectuals while making pronouncements and dealing with others. Education enables an individual to achieve basic employment qualifications and increases their chances of obtaining better jobs and a better way of life.

Child labour traps and encompasses them to a life with few prospects. As a result, it is critical to guarantee that every child is safeguarded and not exploited for cheap labour. Education has the potential to transform societies and the planet in general. Education is a strong instrument for making the world a better place to live. Education minimizes societal violence and crime. Teaching people to read has been found to reduce criminal behaviour. The Melissa Institute for Violence Prevention and Treatment, for example, is a non-profit organization that employs education to prevent violence and crime. Education fosters optimism for the future. One of the most profound consequences of education on society is the ability to give individuals hope that they may improve their situation in life.

Suggestions and Conclusion

A range of variables can contribute to poverty, child labour, and unemployment. For all we know, education is not only a solution, but also the most significant component of the formula, and without it, we cannot even contemplate the success sector. Instead, we should go forward and promote awareness about the value of education. Concerning our birthright to equality, it is only through education that we discover the worth of our own rights and have a better grasp of our duties and obligations. Millions of individuals who work as labourers or are compelled to work are unaware that they have the same rights as their employers.

There is simply one constitution that governs all of the country’s residents. No one is unusual in the perceptiveness of law. We can all agree that there are numerous ways to get information, but education provides us with greater power. And no nation can be as prosperous as one in which the majority of its population has access to self-development and self-awareness opportunities. We have not yet found a flawless means to permanently stop child labour since, despite having a remedy in our hands, it still remains. People do not recognize the link when the government implements legislation for the poor, and they do not trust that the government understands what they are going through and their hardships.

As a result, if the government enacts a regulation mandating parents to take their children to school or suffer fines, they will be obliged to comply. They feel they are ruled by a strong organization with conflicting interests, therefore they frequently lie about taking their children to school, often merely to escape a fine. We must promote mutual understanding between provider and receiver, with both sides working toward the same objective, as well as societal progress through education. Absolutely, education is the greatest way to deal with child labour. As an outcome, the government must teach children to evade child labour.

The government should propose measures to assist parents in seeing the benefits of education in their own unique ways. Parents must recognize that they are not required to educate their children, but must do it for their own benefit. Education helps generations grow, and while growth may not be as quick as we would want, it is a continuous and dependable process. A law is only beneficial if it is followed correctly. Rather than the way the government puts out all of the policies for citizens, we should improve the quality of execution. Following the passage of each law, the government should review its execution and implementation to determine how far it has proceeded.

References

1. www.indiacelebrating.com
2. www.ilo.org
3. www.legalserviceindia.com
4. “A Critical Analysis of Child Labour in India” <A Critical Analysis of Child Labour in India – Free Essay Example – Edubirdie>
5. Child Labour laws in India < child labour: all you need to know in Indian context – iPleaders>

This article is written by Devishee Arora, a 4^th year B.COM LLB (Hons.) student at Amity Law School, Noida.

INTRODUCTION

The world is undergoing significant changes and developments right now, particularly in the commercial sector, which has seen the establishment of numerous industries, companies, and organizations. In order to raise their concerns or demand any kind of adjustment in their respective company or industry, employers must have some kind of process or activity available to the employees. Strikes and lockouts serve this exact purpose. This status or power imbued by the employer may result in specific issues or points of conflict with the employee or worker. While strikes and lockouts are the most common or well-known methods used by workers, they are not the only options accessible to them. Strikes and lockouts can be seen as a weapon that employees have against their employers.

INDUSTRIAL DISPUTES ACT, 1947

The Industrial Disputes Act, which went into effect on April 1, 1947, gave the right to strike, legal protection in India. Employer & Workmen Conflicts Act, 1869, Trade Disputes Act, 1929, and Rule 81A of the Defence of India Rules were India’s first industrial disputes laws before the Industrial Disputes Act, 1947.

Experiences with the Employer & Workmen Disputes Act of 1869 show that this law was largely in the workers’ favour. A special provision for strikes was included in the Trade Disputes Act of 1929, however, due to strike-related issues and ongoing disputes, this legislation was unable to bring about peace in the industries. During the Second World War, Rule 81A of the defence rule was introduced to further combat this. The Industrial Disputes Act of 1947 was created to resolve disputes in industries after World War II. The entirety of India is included in its scope of application. It applies to active industries, not to dormant ones.

STANDARD VACUUM OIL COMPANY OF MADRAS v. GUNASEELAM

The case’s facts are as follows: in the present, a group of employees from a particular company wanted to take a day off to celebrate “May Day.” Since they were choosing to take a day off, the group of employees was even willing to make up for the company’s losses for the day of “May Day” by working extra hours and thus, asked their employer to declare it a holiday.

However, the workers’ demands and cries for help were all met with a stone wall. As a result, the workers purposefully requested time off because their employer had forgotten to designate May Day as a holiday. Employees’ requests for unscheduled leave were ruled not to constitute a strike because there was no “cessation of work” or organized refusal to work.

UNDERSTANDING STRIKES

A strike is a potent tool used by trade unions, other organizations, or workers to express their demands or complaints against employers or industry management. In a different sense, it is the interruption of labour brought on by widespread protests. By refusing to report to work until their demands have been met, employees put pressure on their employers. Strikes may benefit the welfare of the workforce or they may result in economic losses for the nation.

VARIOUS TYPES OF STRIKES

Based on the global phenomenon of strikes, several types of strikes have been experienced, including economic strikes, sympathy strikes, general strikes, sit-down strikes, slow-motion strikes, hunger strikes, and wildcat strikes.

• Economic Strike: This type of strike is brought on by demands for increased wages and benefits including bonus payments, housing rent allowances, and transportation allowances.
• Sympathy Strikes: During these strikes, unions or employees in one industry join strikes that have already been supported by other unions or employees.
• General strikes are actions taken by all unions or members in a state or region to put more political pressure on the government.
• Sit-down strikes: In this scenario, employees stage walkouts at their places of employment, refusing to report for duty until their demands are met.
• Slow down strike: When employees or unions pressure the industry to meet their demands by limiting or cutting output, they are not going on a complete strike.
• Hunger strike: A difficult form is in which workers go on strike without access to food or water to voice their concerns. In protest of past-due salaries spanning several months, Kingfisher Airlines staff went on a hunger strike.
• Wildcat strikes occur when workers go on strike without the approval of their union or higher authority. In 2004, attorneys staged a wildcat strike at Bangalore’s civil courts in response to reportedly disparaging comments made by an assistant commissioner.

According to Section 2 (q) of the Industrial Dispute Act, a strike is “a cessation of work by a body of individuals employed in any industry acting jointly, or a concerted refusal, or an unwillingness, under a common understanding, of any group of people who are or have been so employed to carry on working or to accept employment.”

In Cox and Kings Limited v. Their Employees, the court determined that a strike can be justified if it is related to a present labour dispute or is intended to protest an unfair labour practice by the employer. One of the most essential tools at the disposal of workers and their organizations to advance their economic and social objectives is strike action. In the event of a labour dispute, it is the most prominent and divisive type of collective action, and it is frequently seen as the final recourse of workers’ organizations in pursuing their goals. Strikes, however, should not be seen separately from the entire field of industrial relations. They are costly and disruptive for employees, companies, and society at large, and when they happen, it is because collective bargaining efforts to improve working conditions failed.

THE REQUIREMENTS OF EXERCISING A STRIKE

The right to strike is frequently subjected to several requirements that must be satisfied by employees and their organizations. However, given the risk that these circumstances could restrict how freely workers and their organizations can plan their actions and develop their programmes, they shouldn’t unnecessarily preclude the use of strikes to protect workers’ interests.

In this regard, the following clauses are frequently included in laws:

• The use of all available conciliation or mediation options before a strike is called;
• The need for a strike ballot to be held, and for a majority of the affected employees to vote in favour of a strike before it can be known.
• The requirement is to give advance notice before calling a strike.

THE BEST WAY TO LIMIT DAMAGE DUE TO A STRIKE

To prevent a closure that would lead to job losses, workers should let the company continue operating. Employers ought to enlist the help of a reliable labour broker who can offer substitute workers during the strike. When dealing with one another, both parties should act politely and professionally.

CONCLUSION

After researching and examining various aspects of strikes, it can be said or inferred that strikes have repeatedly proven to be a very effective strategy used by both employers and employees to exert pressure on the other party to comply with their demands. Over the years, the strike concept has undergone a lot of advancements, which have also resulted in several changes to its application and scope.

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CITATIONS

1. The Industrial Disputes Act, 1947.
2. AIR 1960 Mad 288.
3. 1977 AIR 1666, 1977 SCR (3) 332.
4. Labour Legislation Guidelines, ILO, https://www.ilo.org/legacy/english/dialogue/ifpdial/llg/noframes/ch5.htm.

This article is written by Sneha Sakshi, a second-year BBA LLB student of SLS Pune.

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