BUILDING IR CAPABILITES AMONG HR STUDENTS ANAND GOPALAN Advocate T.S.Gopalan & Co. Advocates & Notaries

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, 11 th 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 – Mob: –