Can anyone please clear me on the process of the industrial Dispute settlement mechanism as per the industrial dispute act.
I am not cleared about the process i.e. Collective bargaining, arbitration, labour court, tribunal and national tribunal.
For example, one dispute is arised and it is not solved in by collective bargaining then where it will trigger?
A complete flowchart on this process will be quite helpful to me understand better.
Thanks & regards
From India, Madras
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Seasoned Ir Professional
Assistant Manager Human Resources
Madhu.T.KEach and every dispute settlement machinery has its own merits and demerits. If a collective bargaining or bi partie settlement fails, you can approach the Conciliation Officer. That is also a process of arriving at a consensus after hearing both the parties. However, if both the parties do not come to an understanding, the Conciliation fails. Similarly, he can not issue an order and if at all he makes an order, it need not be honoured. At the same time, Labour Court or Tribunal can issue an order or award which should be honoured or will be binding on both the parties. However, it being a court procedure may take time.
From India, Kannur
The ID Act has introduced 9 C as the First step for tackling individual grievances.
Setting up of Grievance Redressal Machinery
9C. (1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.
(2) The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen.
(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year.
(4) The total number of members of the Grievance Redressal Committee shall not exceed more than six:
Provided that there shall be, as far as practicable one woman member if the Grievance Redressal Committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately.
(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise industrial dispute on the same matter under the provisions of this Act.
(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party.
(7) The workman who is aggrieved of the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned.
From India, Bangalore
abedeen7Dear Ravi, Kindly check the attachment, which may help you. This I had downloaded from internet. Regard’s Shaikh
From India, Bhubaneswar
a.ravi.onlineDear All, Thanks a lot for your valuable information. Could anybody clear me about the IR activities in any manufactuing industry. Awaiting your reply. Ravi A.
From India, Madras
Can anyone please clear me on the process of the industrial Dispute,
1. company closed settlement mechanism as per the industrial dispute act,
2.three years one time wage settlement mechanism as per the ID act,
Thanks & Regards
From India, Chennai