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Arghaa Academy of Learn and Share 12/12/2018- What are Industrial disputes, What are the different Categories of Industrial Disputes

[12:23 PM, 12/12/2018] HR Sugumar CBE: My today's question

Assume A workman is joined in a Sugar mfg  Company in 01.01.2017and he will be relieved by 01.05.2017as per employment agreement again joined 16.10.2017 then worked for next 3months and moved away from work. Will he eligible for Gratuity?

[12:31 PM, 12/12/2018] HR Dinesh JK Tyres: Please confirm the date again...because ur mentioning very short period which is not at all eligible for Gratuity

[12:45 PM, 12/12/2018] HR Sugumar CBE: S short ly

[12:52 PM, 12/12/2018] HR. Rajan Babu: Today's Discussion Points: What are Industrial Disputes? What are the different categories of Industrial Disputes?

[12:57 PM, 12/12/2018] HR. Rajan Babu:

Any dispute or differences between employers and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person

Different categories of Industrial Disputes

The Second Schedule of the I.D. Act deals with matters within the jurisdiction of Labour Courts which fall under the category of Rights Disputes. Such disputes are as follows:

·         The propriety or legality of an order passed by an employer under the standing orders;

·         The application and interpretation of standing orders which regulate conditions of employment.

·         Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen

·         wrongfully dismissed;

·         Withdrawal of any customary concession or privilege;

·         Illegality or otherwise of a strike or lock-out; and

·         All matters other than those specified in the Third Schedule

Third Schedule of the I.D. Act deals with matters within the jurisdiction of Industrial Tribunals which could be classified as Interest Disputes. These are as follows:-

·         Wages, including the period and mode of payment;

·         Compensatory and other allowances;

·         Hours of work and rest intervals;

·         Leave with wages and holidays;

·         Bonus, profit sharing, provident fund and gratuity;

·         Shift working otherwise than in accordance with standing orders;

·         Classification by grades;

·         Rules of discipline;

·         Rationalization;

·         Retrenchment of workmen and closure of establishment; and

·         Any other matter that may be prescribed.

[12:58 PM, 12/12/2018] HR. Rajan Babu: Other can add their views

[8:43 PM, 12/12/2018] HR Murugavel Hyundai Steel: The reasons behind Indl. disputes

·         Wages and benefits.

·         Disciplinary action and disproportionate punishment.

·         Strike and Lockout without complying procedures.

·         Introducing new rules of discipline without any notice.

·         Initiating disciplinary actions for formation of union.

·         Lack of knowledge on legal remedies available for disputes.

·         The act of discrimination.

·         The act of victimization.

·         Termination without compensation.

·         Retrenchment and Closure.

·         Failure to implement the terms agreed in settlements.

·         Withdrawal of customary benefits and practices.

·         Accidents and unsafe working conditions.

·         Absence of grievance redressal mechanism.

·         Unfair labour practices.

·         Refusal of workers participation in unionized activities. 

·         Lack of awareness on misconducts and consequential actions.

·         Defective Enquiry.

·         Refusal to the rights of representation.

·         Horse-trading in the name of collective bargaining.

·         Down sizing/ re sizing to implement techno changes.

·         Losing of trust and confidence on each other.

·         Prolonging process/procedures to settle disputes through legal means.

·         Absence of legislative changes as per socio-economic needs

·         The fear of discharge/dismissal.

[9:28 PM, 12/12/2018] HR. Rajan Babu: ????????????

[9:30 PM, 12/12/2018] Jesudass: ok

[9:41 PM, 12/12/2018] Gopi: Have ever faced anything practically .....?????

[7:19 AM, 12/13/2018] HR Narendra Sangam Diary Guntur: Wow wonderful stuff ????????

Thanks for sharing

 [8:20 AM, 12/13/2018] HR. Rajan Babu:

·         Disparity in salary for Shop floor.

·         Different pay for different people working in the same line.

·         Different increments slabs.

·         Small Grievances not addressed.

·         Respect to employees.

·         Frequent changes from one to another station.

·         Pressure on targets.

·         Good things not highlighted but bad things on the first.

·         Focus on only targets and showing ways to achieve.

·         Not spending quality time with team.

·         Do what i say attitude.

·         Negative Feedback in Shop floor.

·         Top management not briefed properly.

·         Delay in Negotiations or wage increase.

·         Feedback not given at the right time. 

Just this quote is applicable Small drops of water makes an Ocean. Linking this small small grievances what may me when not addressed at the right rime accumulates and finally becomes an ocean of Disputes

·      Courtesy: Arghaa Academy of IR Whatsapp Group