When Strike Is Called Legal - Doc Download - CiteHR
Jiten.saha
Hr & Ir
Ravi12345
Licensing Of All Acts Across Pan India &
+1 Other

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Hi Everybody,
The charter of demand is still pending to settle. Management has offerred the best with compare to last 10 year settlement and also best from the surrounding Industry, but still it has not settle. Workmen may go for strike but situation is very difficult to be predicted.
My question are
Can workmen go for strike without any prior notice??
Can they stop the contract labour to work in the factory??
When can be say the strike is legal or illegal??
Can we take the help of the police, if they force the other labour to come inside the factory
jks

Jiten my opinion on this regard when your management is ready for a settlement why the employees are not accepting ,Is that your factory is going to be closed permanently are your shifting your factory from the present site to some where else.
First try to understand wat the employee need's & then only you can go for seetlement process ,uintill & unless it wud be difficult to operate in day to day basis.
If the employee union approach the Labour office of your jurdiction then that might also create a prbl'm.
Kindly have a dialogue with ur union leader's & try to resolve at ur best.
Regard's
R.K

Hi,
The Industrial Disputes act has certain provisions about Strikes.

The workers have to give a prior notice about the strike ( Check attachment)

Also no one can force any other labour to participate in the strike and stop his work. AS this is an UNFAIR LABOUR PRACTICE and can lead to a fine/penalty and imprisonment. ( Check attachment)

For more details Refer Industrial Disputes Act.

Also the MRTP and PULP act has certain provisions about strikes.

Regards/Shweta


Attached Files
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File Type: doc Strikes and Lockout.doc (35.5 KB, 1960 views)
File Type: doc Unfair Labour Practice.doc (25.0 KB, 1498 views)
File Type: doc IndustrialDisputes.doc (335.5 KB, 1673 views)

what basic components should a human resource specialist consider when designing a human resource development program ?
HI,

Thanks Shweta for sharing us such an effective attachments.

There should not to go on strike by employee or union before giving atleast 14 days notice to employer for taking such act if their demand has not get fulfill. If the employee or union go beyond this, employer shall have to take various types of action against employee who is in strike.
1. Deduct the strike day wage,
2. Give show cause notice to each employee who is in strike,
3. Could take legal action against such employee if strike becoming in agitating form,
4. May stop their career growth opportunities

Contract worker have right to go on strike if their necessary demand not get fulfilled. The employer is unable to make negotiation with them to fullfill such demands which is related to safety, security of workers.

Strike is illegal only when : (a) Employees/Union has not noticed to employer before specified period, (b) If employees activities goes beyond the safety and security of organisation property, (c) If Board set up for the hearing of the strike case, an arbitrator has found illegality has done, a Labour Court, Tribunal or National Tribunal shall have to found illegality in that called strike.
Ongoing present & future plan for organisation development and awareness of creativity of employee has been done by him.
As according to the industrial dispute act 1947, if any employee does the act of sympathy strike, may call to police if any damage of loss find to happen.

Human Resource specialist role & responsibility are vast in nature. Human Resource Development function lies within an organization with the overall responsibility for implementing strategies and policies relating to the management of individuals/ employees of organisation. The HR manager have to seek for the qualified & talented manpower who will perform best with the given job assignments. Below are the important role and responsibilities of the HR specialist.
(i) Maintaining awareness of and compliance with local, state and federal labor laws,
(ii) Recruitment, selection etc.,
(iii) Employees record-keeping and confidentiality,
(iv) Organizational design and development,
(v) Business transformation and change management,
(vi) Performance, conduct and behavior management,
(vii) Industrial and employee relations,
(viii) Human resources (HR) analysis and workforce personnel data management,
(ix) Salary, Incentive, Compensation and employee benefit management,
(x) Training and development initiatives,
(xi) Employee motivation and morale-building
Better policies design & implementation is also key function of Human resource specialist. Human resource development is the frame work of human capital, which help for organisation & personnel management & development.

Best Regards:

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