discipline and disputes

8/7/2019 Discipline And Disputes

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DisputesDisputes

Made By:Dipti Jain

Jyoti Loharia



Dispute:Dispute:

y A labour dispute is a state of

disagreement over a particular issue or

group of issues over which there is

conflict between workers and employers,or about which grievance is expressed by

workers or employers, or about which

workers or employers support otherworkers or employers in their demands

or grievances.



Negotiation:Negotiation:

y Negotiation is a dialogue

between two or morepeople or parties, intended to reach an

understanding, resolve point of difference,or gain advantage in outcome of dialogue,to produce an agreement upon courses of action, to bargain for individual or

collective advantage, to craft outcomes tosatisfy various interests of two person/parties involved in negotiation process.



MediationMediation

y Mediation is a process in which the

participants, with the assistance of a

mediator, systematically isolate disputed

issues in order to develop options,consider alternatives and reach

agreements that will accommodate their

needs.



ArbitrationArbitration

Arbitration is a procedure

in which a dispute is submitted,

by agreement of the parties, to one ormore arbitrators who make a binding

decision on the dispute. In choosing

arbitration, the parties opt for a private

dispute resolution procedure instead of going to court.



DISPUTE REDRESSALDISPUTE REDRESSAL

MACHIN

ERYMACHIN

ERYy Works Committee (Sec 3)

y Conciliation Committee

Conciliation officer (Sec 4)

Board of Conciliation (Sec 5)

y Court of Enquiry (Sec 6)

y Labour Court (Sec 7)

y Tribunals

National Tribunal (Sec 7 A)

Industrial Tribunal (Sec 7 B)



Tribunals

Labour

Court

Court of Enquiry

Conciliation Committee

Works Committee



Works CommitteeWorks Committee

y Any industrial establishment having more

than 100 workmen should have a Works

Committee which has equal no. of

representation of labour andmanagement.

y Its function are to preserve amity and

establish cordial relations and to resolvedifferences of opinion on matters of

common interest.



Conciliation OfficerConciliation Officer

y The appropriate Government may,

appoint A person, to be a conciliation

officer for specified area or specified

industries.

y He is charged with the duty of mediating

in and promoting the settlement of

industrial disputes.y The duty of the conciliation officer is

administrative and not judicial in nature.



Board of ConciliationBoard of Conciliation

y The Government can constitute a BOCfor promoting, the settlement of anindustrial dispute.

y A Board shall consist of a Chairman andtwo or four other members, as theGovernment thinks fit.

y The Chairman shall be an independentperson and the other members shall bepersons appointed in equal numbers torepresent the parties to the dispute.



Court of EnquiryCourt of Enquiry

y The Government can constitute a Court

of Enquiry to enquire into any matter

connected with an industrial dispute.

y A Court may consist of one independent

person or more than one person.

y The object here is to enquire into and

reveal the causes of an industrial dispute.



LabourLabour CourtsCourtsy The Government can constitute one or more

Labour Courts for the adjudication of industrialdisputes.

y A Labour Court shall consist of one person only

to be appointed by the Government.y A Presiding Officer has to have the following

qualifications: He is, or has been a Judge of High Court; or

He has for a period of not less than 3 years been aDistrict Judge or Additional District Judge; or

He has held any judicial office for not less than sevenyears.



National TribunalNational Tribunal

y The Central Government can constitute oneor more National Tribunals for theadjudication of industrial disputes.

y A National Tribunal shall consist of oneperson only to be appointed by theGovernment.

y These disputes in the opinion of the CentralGovernment involve:

Questions of national importance Are of such a nature that industrial

establishments situated in more than one Stateare likely to be interested in.



Industrial TribunalIndustrial Tribunal

y The Government can constitute one or moreIndustrial Tribunals for the adjudication of industrialdisputes.

y A Tribunal shall consist of one person only to be

appointed by the appropriate Government.y The Government can also appoint two persons as

assessors to advise the Tribunal in the proceedingbefore it.

y A person to be appointed as the Presiding Officer of

the Tribunal has to have the following qualifications: He is, or has been a Judge of High Court; or

He has for a period of not less than 3 years been aDistrict Judge or Additional District Judge.



Case Study:Case Study:

y Tridev Financing started as a small organization ten years ago with

only fifty workers. The employee Mr. Raghav is a XII passed man

without formal degree to his credit. He employed people whom he

knew and who had reasonable capabilities of performing accounts

work.No formal recruitment procedures were followed nor were

any formal qualifications asked for.Now his son who has done hisMBA wants to expand and improve the organization activities. He

hired a HR professional to conduct all the HR functions. He

decided to discontinue the old 50 workers and employ properly

qualified ones in their place. The 50 workers rise in protest and

request the senior employer to protect them and their source of income. The son reconsiders his decision and decides to give some

less important jobs that they do not involve much skill and decision

making to them. But the employees refuse accept this move and

resent working under young junior.



Question:Question:

y How would you handle the situation if

you were to take over the now Personnel

Manager?



View Point:View Point:

y If I were to take over the now personnel manager, I will try to

handle the situation with patience and tactfully. First I will test the

old employee·s skills according to their previous job profile; like

accounting and finance knowledge for finance related job, sales and

marketing knowledge for marketing related work. I will verify if

they have the skill to fulfil the company·s increasing demandirrespective of their education qualification. After all they are all

experience people does not qualify the skill test, I·ll try to arrange

some specific base training for a short period. Even after they do

not qualify and does not want to work other less important jobs,

under the supervision of junior colleagues. Finally I will ask themanagement to give some remuneration to the old employees and

asked the employees to leave the organization.

discipline and disputes

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