INDUSTRIAL DISPUTE

DEFINITION

• Industrial disputes mean any dispute or difference between employers and employees or employers and employers or workmen and workmen, which is connected with the employment or terms of employment or with the conditions of labour of any person.

CLASSIFICATION OF INDUSTRIAL DISPUTES

• Interest disputes• Grievances or rights disputes• Disputes over unfair labour practices• Recognition disputes

PERSPECTI VES OF INDUSTRIAL

DISPUTE CONFLICTS

Impacts of industrial disputes• Industrial disputes result in a huge wastage of mandays and

dislocation in the production work.• Disorganises public life and throws the economy out of

gear.• The workers lose the wages for the strike – disturbs the

family life, personal hardship, mental agonies and tensions.• The employers suffer heavy losses, not only on production

but also in the form of huge expenditure incurred on crushing strikes, engaging strike breakers and blacklegs maintaining a police force and guards.

• Industrial unrest creates law and order problems.• It also affects national economy.

DIFFERENT PERSPECTIVE TO CONFLICTS

• Unitary perspective• Pluralist theories• Radicalism• Transaction Cost Economics

1. UNITARY PERSPECTIVE

• Basis of Conflict : None• Reason for open conflict: Mistakes, poor

communication• Form of conflict: Occasional Outburst• Focus of analysis: Workplace• Means to minimize conflict: Communication• Unresolved problems : Division between two

sides.

2. PLURALIST THEORIESINDUSTRIAL RELATED PLURALIST• Basis of Conflict : Division between organised

interests.• Reason for open conflict: Dispute of interest or

right• Form of conflict: Political exchange• Focus of analysis: Collective Bargaining• Means to minimize conflict: Better procedure• Unresolved problems : shop floor level, limits of

institutions, role of state

POLITICAL RELATED PLURALIST• Basis of Conflict : Division between organised

interests.• Reason for open conflict: Dispute of interest or

right• Form of conflict: Political exchange• Focus of analysis: Political Centre• Means to minimize conflict: Strong corporatism• Unresolved problems : shop floor level, tension

with corporatism

3. RADICALISM• Basis of Conflict :Exploitation• Reason for open conflict: Recognition• Form of conflict: Any level• Focus of analysis: Political Centre• Means to minimize conflict: None• Unresolved problems : Limits to managerial

power, cooperation

4. TRANSACTION COST ECONOMICS

• Basis of Conflict : Shortcomings in labour contract.

• Reason for open conflict: opportunism • Form of conflict: Shirking• Focus of analysis: Workplace• Means to minimize conflict: Monitoring• Unresolved problems : Politics of workplace,

cooperation

CAUSES OF INDUSTRIAL CONFLICTS• Industry-related factors• Management related factors• Government related factors• Other factors

CAUSES

1. ECONOMIC CAUSES2. NON-ECONOMIC CAUSES3. POLITICAL CAUSES4. SOCIAL CAUSES5. TECHNOLOGICAL CAUSES6. PSYCHOLOGICAL CAUSES7. MARKET SITUATION

ECONOMIC CAUSES• Wages & allowances• Bonus• Conditions of work & employment• Working hours• Discharge, dismissal and retrenchment• Leave, holidays with pay• Workload• Incentives, fringe benefits• Delaying, implementation of agreements, awards

etc

NON-ECONOMIC CAUSES• Causes unconnected with industry• Fear of loss of job due to rationlization, in

production of new technology• Non-recognition of trade unions• Administrative causes• Ego classes• Victimization of trade union leaders and workers• Ill treatment of workmen by supervisors• Unsettled grievances

Political causes:• Sympathetic strikes• Bandhs for political reasonsSocial Causes:• Low morale• Deterioration of social values and normsPsychological Causes• Maladjustment• Personality clashes• Non-programmed intervention on disciplinary

matters

Technological causes:• Adoption of new technology/automation• Computerization• RationalizationMarket situation:• Accumulation of goods• Unhealthy competition• Import of goods

STRIKES

• A temporary cessation of work by a group of employees in order to express their grievance or to enforce a demand concerning changes in work conditions.

3 elements;• Plurality of workmen• Cessation of work or refusal to do so• Combined or concerted action

Causes of strikesStrikes can occur because of the following reasons:• Dissatisfaction with company policy• Salary and incentive problems• Increment not up to the mark • Wrongful discharge or dismissal of workmen• Withdrawal of any concession or privilege• Hours of work and rest intervals • Leaves with wages and holidays• Bonus, profit sharing, Provident fund and gratuity • Retrenchment of workmen and closure of establishment • Dispute connected with minimum wages

Types of strikePRIMARY STRIKE• Stay away strike• Sit-down and stay-I strikes• Tools-down strike/pen-down strike• Token or protest strike• Lightning or cat-call strike• Go-slow• Picketing and boycott• Gherao• Hunger strikeSECONDARY STRIKE• Sympathetic strike

OTHERS:• General• Particular• Political• Bandhs

PRIMARY STRIKESTARY AWAY STRIKE• Workmen do not come to the work place• Organise rallies and demonstrations.SIT-DOWN & STAY-AWAY STRIKE• Take possession of property of that business, establish

themselves in the plant.• Refuse access to the owners or to others desiring to

work.TOOLS-DOWN STRIKE• The strikers lay down tools or pen and refrain from doing

work though they remain on the job in the workplace.

TOKEN or PROTEST STRIKE• A signal for the danger ahead.LIGHTENING OR CAT-CALL STRIKES• Suddenly announced without notice /

surprise/ at very short noticeGO-SLOW• Deliberate delaying of production by workmen

PICKETING & BOYCOTT• When workers are dissuaded from work by

stationing certain men at the factory gates, such a step is known as picketing.

• Pickets are workers who are on strike that stand at the entrance to their workplace.

• It is basically a method of drawing public attention towards the fact that there is a dispute between the management and employees.

GHERAO• Physical blockade of a target by enrichment,

intended to block the egress and ingress from and to a particular office, workshop or factory or residence or forcible occupation.

HUNGER STRIKEBy leaders of the union or by some workers, all

at a time or in small batches for the purpose being to create sympathy of the employer and attract the attention of the public.

Secondary Strike

SYMPATHETIC STRIKE:• It is a strike in which the striking workmen

have no demands or grievances of their own against their employer buy they may go on strike for the purpose of directly aiding or supporting others in their cause.

Lockouts

• A lockout is a work stoppage in which an employer prevents employees from working. It is declared by employers to put pressure on their workers. This is different from a strike, in which employees refuse to work. Thus, a lockout is employers’ weapon while a strike is raised on part of employees.