Hi All,
Currently we are facing strike situation, management is not in a position to fulfill workers demand so they are on legal strike.
And my query is as a HR point of view what kind of steps to be taken to continue production in absence of worker without affecting legal norms.
From India, Mumbai
Currently we are facing strike situation, management is not in a position to fulfill workers demand so they are on legal strike.
And my query is as a HR point of view what kind of steps to be taken to continue production in absence of worker without affecting legal norms.
From India, Mumbai
Dear friend,
" Strike " is a powerful weapon in the armoury of workmen to gain an edge in the matter of collective bargaining. That's how it is recognised in industrial relations and analysed in industrial jurisprudence, of course, in the light of the general and special provisions relating to the sbject-matter in the Idustrial Disputes Act,1947. Therefore, prudence always demands on the part of the management/employer certain positive pre-emptive measures to avoid strike in general. However, it does not mean that the fear of strike should pave way for acceptance of the demands of workmen, though they are unreasonable or unjust. At the same time it should be borne in mind that any single perspective alone, either of the workmen or of the management can not be the anvil to test and determine the reasonableness or justification of the demands raised. When the employer's reaction is dictated by the protective paternal mindset and that of the workmen's by the overwhelming child mindset, certainly the conflict culminates in strike and such counter measures you have asked. So, what is needed at this moment of dead-lock is the simultaneous transition of both to that of an adult mindset rather than resorting to counter measures. Coming to your question, the legality of a strike is a matter of compliance with the provisions of Sec.22(1) or Sec.23 of the ID Act,1947 and since, you have voluntered that the on-going strike is a legal one, this needs no more eaboration. Pl refer to Schedule V of the ID Act,1947. You will find in its Part I the following in the list of Unfair Labour Practices on the part of employers and trade unions of employers:
Serial no.6. To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of BREAKING A STRIKE.
Serial no.8: To insist upon individual workmen, who are on legal strike to sign a good conduct bond, as a precondition to allowing them to resume work.
Serial no.12: To recruit workmen during a strike which is NOT an ILLEGAL STRIKE.
Therefore, it is better to resume negotiations, direct or through the area conciliation officer immediately. You should be prepared to relax your earlier rigid and negative stand and offer some interim concessions to end the strike forthwith.
From India, Salem
6018" Strike " is a powerful weapon in the armoury of workmen to gain an edge in the matter of collective bargaining. That's how it is recognised in industrial relations and analysed in industrial jurisprudence, of course, in the light of the general and special provisions relating to the sbject-matter in the Idustrial Disputes Act,1947. Therefore, prudence always demands on the part of the management/employer certain positive pre-emptive measures to avoid strike in general. However, it does not mean that the fear of strike should pave way for acceptance of the demands of workmen, though they are unreasonable or unjust. At the same time it should be borne in mind that any single perspective alone, either of the workmen or of the management can not be the anvil to test and determine the reasonableness or justification of the demands raised. When the employer's reaction is dictated by the protective paternal mindset and that of the workmen's by the overwhelming child mindset, certainly the conflict culminates in strike and such counter measures you have asked. So, what is needed at this moment of dead-lock is the simultaneous transition of both to that of an adult mindset rather than resorting to counter measures. Coming to your question, the legality of a strike is a matter of compliance with the provisions of Sec.22(1) or Sec.23 of the ID Act,1947 and since, you have voluntered that the on-going strike is a legal one, this needs no more eaboration. Pl refer to Schedule V of the ID Act,1947. You will find in its Part I the following in the list of Unfair Labour Practices on the part of employers and trade unions of employers:
Serial no.6. To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of BREAKING A STRIKE.
Serial no.8: To insist upon individual workmen, who are on legal strike to sign a good conduct bond, as a precondition to allowing them to resume work.
Serial no.12: To recruit workmen during a strike which is NOT an ILLEGAL STRIKE.
Therefore, it is better to resume negotiations, direct or through the area conciliation officer immediately. You should be prepared to relax your earlier rigid and negative stand and offer some interim concessions to end the strike forthwith.
From India, Salem
The Best option would be to indulge in dialogue and discussions with the workers and arrive at an amicable settlement.
If their demands are very unreasonable, you can look at hiring alternate workforce to continue work at the unit and also inform the concerned authorities about the situation so that the law and order can be maintained in the area.
From India, New Delhi
If their demands are very unreasonable, you can look at hiring alternate workforce to continue work at the unit and also inform the concerned authorities about the situation so that the law and order can be maintained in the area.
From India, New Delhi
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