Salient features of industrial dispute act 1947. Raising Industrial Disputes 2019-02-22
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Employee Legislation
National Tribunals are constituted by the Central Government for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by such disputes. Specialist professional advice should be sought about your specific circumstances. It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters. Employer shall not discharge, dismiss or punish any workman in matter for any misconduct concerned to dispute, without permission of authority before whom proceedings are pending. If a settlement is arrived, the terms of the settlement are reduced into writing, signed by the parties at dispute. In case of such workmen, order for his dismissal, discharge or punishment cannot be passed without permission of authority before whom proceedings are pending, whether the issue is related to dispute or not. Such permission is required only during the period proceedings are pending and not after main reference is decided.
It expressly prohibits the employment of a child below the age of 14 years in work in any factory or mine or engagement in any other hazardous employment. The maximum period for which a woman shall be entitled to maternity benefit shall be 12 weeks, of which not more than six weeks shall precede the date of her expected delivery. Provisions for large industries for lay off and closure - Large industries employing 100 or more workmen on an average for preceding 12 months cannot lay-off, retrench or close down the undertaking without permission from Government sections 25M to 25-O of Industrial Disputes Act. The age limit of the dependants has been enhanced from 18 to 25. For the text of clause j of the Act, see Appendix.
However, if the workman was gainfully employed elsewhere, Court can order that payment of such wages is not to be made. The award becomes effective 30 days after its publication. Under this act, an inquiry was made compulsory before declaration of strikes or lock-outs. Certain words and figures inserted by Act 10 of 1963, sec. Warm wishes to you, Suresh Kumar, 11th September 2010 From India, Indore. Even after that period is over, it continues to be binding, unless a 2 month notice of termination is given by one party to another. A single joint application for the recovery of amount due may be made on behalf of any such number of workmen.
With the aim to achieve the objectives of simplifying procedures for raising Industrial Disputes by individual workmen or trade unions, easily, hassle- free and quickly, two Performa are developed for the filing of Industrial Disputes online under the sections 2-A and 2-K of the Industrial Disputes Act 1947. It is a weapon I the hands of the employer, as a tactic in bargaining. Representatives of employees will be selected in consultation with Registered Trade Union. Unfair Labour Practices: Section 25T prohibits unfair labour practices by employer or workman or a trade union. The policy of the Government is to ban the employment of children below the age of 14 years in factories, mines and hazardous employments and to regulate the working condition of children in other industries. If settlement is arrived at by mutual agreement, it binds only those who were actually party to agreement.
This Act applies to virtually every kind of establishment. The Act provides that every shop shall remain entirely closed on one day of the week, which day shall be specified by the shop-keeper in a notice permanently exhibited in a conspicuous place in the shop. Clause c omitted by Act 46 of 1982, sec. The Act provides for payment of compensation by the employer to the employees covered under this Act for injury caused by accident. Invariably, such permission is almost never given, whatever may be the merits of the case. A workman having no supervisory or administrative capacity can raise an industrial dispute before the competent authority. The Industrial disputes Act provides a legalistic way of settling disputes.
In terms of the provisions of the Minimum Wages Act, an employee means i any person who is employed for hire or reward to do any work, skilled or unskilled manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; ii an outworker, to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person; and iii an employee declared to be an employee by the appropriate Government. Fine upto Rs 50 per day to workman and Rs 1,000 to employer can be imposed. Clauses a and b relettered as d and e respectively by Act 36 of 1964, sec. It talks about the Regulation of strikes and lockouts and the proper procedure which is to be followed to make it a Legal instrument of 'Economic Coercion' either by the Employer or by the Workmen. The views expressed in this article are solely of the authors of this article. There is no severance of employer-employee relationship it, rather, indicates existence of a industrial disputes. Proviso omitted by Act 51 of 1970, sec.
Further, the Minimum Wages Act requires the employer to pay to every employee engaged in schedule employment wages at a rate not less than minimum rates of wages as fixed by a notification without any deduction other than prescribed deductions, if any. The Government enacted as the Employees' State Insurance Amendment Act, 2010 No. Duties of Labour Courts, Tribunals and National Tribunals. It further provides that every employee employed in or in connection with the work of a factory or other establishment is required to become a member of the Provident Fund. It is, however, provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.
There must be existing right to claim the money due. Payment of Gratuity Act, 1972 The Payment of Gratuity Act, 1972 the Gratuity Act applies to i every factory, mine, oilfield, plantation, port and railway company; ii every shop or establishment within the meaning of any law, for the time being in force, in relation to shops and establishments in a State, in which 10 or more persons are employed or were employed on any day of the preceding twelve months; and iii such other establishments or classes of establishments, in which 10 or more persons are employed or were employed on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf. Then the Labour Court passes the award which is sent to the Government. It is the means by which parties to a dispute get the same settled through the intervention of a third person, but without having recourse to court of law. It contains provisions for working hours of adults, employment of young persons, leaves, overtime, etc.
The Mines Act provides that persons working in the mine should not be less than 18 years of age. Powers of Labour Court, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen. It also fixes the number of hours and the period of work and requires the occupiers of establishments employing children to give notice to the local inspector and maintain the prescribed register. Omitted by the Industrial Disputes Amendment Act, 1996 w. Labour Court may appoint Commissioner for the purpose of computing money due or the value of the benefit , who shall submit his report to the Labour Court.
The laws apply only to the organised sector. Further the state government may require in respect of shops or any specified class of shops that they shall be closed at such hour in the afternoon of one week-day in every week in addition to weekly day off. It is 50% of Rs. The Gratuity Act provides for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. The Act makes it mandatory for every employer to get their plantation registered within 60 days of its coming into existence.
