Understanding Strike Legality: Can Workers Strike Without Notice and Involve Contract Labor?

Hi Everybody,

The charter of demand is still pending to settle. Management has offered the best compared to the last 10-year settlement and also the best from the surrounding industry, but still, it has not settled. Workmen may go on strike, but the situation is very difficult to predict.

My questions are:
- Can workmen go on strike without any prior notice?
- Can they stop the contract labor from working in the factory?
- When can we say the strike is legal or illegal?
- Can we seek the help of the police if they force other laborers to enter the factory?

jks

Jiten, in my opinion, on this regard, when your management is ready for a settlement, why are the employees not accepting it? Is it because your factory is going to be closed permanently or are you shifting your factory from the present site to somewhere else?

First, try to understand what the employees need, and then only you can go for the settlement process. Until and unless you do so, it will be difficult to operate on a day-to-day basis.

If the employee union approaches the Labor office of your jurisdiction, then that might also create a problem.

Kindly have a dialogue with your union leaders and try to resolve this to the best of your ability.

Regards, 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 labor to participate in the strike and stop his work. This is an unfair labor practice and can lead to a fine/penalty and imprisonment (Check attachment).

For more details, refer to the Industrial Disputes Act.

Also, the MRTP and PULP acts have certain provisions about strikes.

Regards,
Shweta

Thank you, Shweta, for sharing such effective attachments with us. Employees or unions should not go on strike without giving at least 14 days' notice to the employer if their demands are not fulfilled. If the employee or union proceeds without this notice, the employer must take various actions against the striking employees, such as:
1. Deducting the strike day wage,
2. Issuing show cause notices to each striking employee,
3. Taking legal action if the strike escalates,
4. Halting career growth opportunities.

Contract workers have the right to strike if their essential demands are not met. If negotiations fail to address demands related to worker safety and security, the employer may face strikes.

When is a Strike Deemed Illegal?

A strike is deemed illegal when:
(a) Employees/unions fail to give notice within the specified period,
(b) Employee activities jeopardize the safety and security of organizational property,
(c) A board or arbitrator determines illegality, which may involve legal bodies like a Labour Court or Tribunal.

Ongoing and future organizational development plans, as well as fostering employee creativity, are crucial aspects of HR management.

Role and Responsibilities of a Human Resource Specialist

The role and responsibilities of a Human Resource Specialist are extensive, including:
- Ensuring compliance with labor laws
- Recruitment and selection
- Record-keeping and confidentiality
- Organizational design and development
- Change management
- Performance and behavior management
- Employee relations
- HR analysis and workforce data management
- Compensation and benefits administration
- Training and development
- Employee motivation and morale-building

Designing and implementing effective policies is a critical function of HR specialists, contributing to human capital management and organizational development.

Best Regards,