Can Workers Strike Without Notice? Navigating the Unsettled Charter of Demand

The charter of demand is still pending settlement. Management is not interested in settling. Workmen may go on strike, but the situation is very difficult to predict.

My Questions:

- Can workmen go on strike without any prior notice?
- Can they stop the contract labor from working in the factory?
- When can we determine if the strike is legal or illegal?

Dear Mangal,

1. Can workmen go on strike without any prior notice? - NO
2. Can they stop the contract labor from working in the factory? - YES
3. When can we say the strike is legal or illegal? - If proper notice for the strike is not given, it would be an illegal strike.

They cannot go on strike without giving a notice of strike within the six weeks before striking as per Section 22 of the ID Act. They cannot go on strike either within fourteen days of providing the strike notice or before the expiry of the date of the strike specified in any such notice.

Regards,
Jitender

Are they allowed to stop non-striking workers from doing work? Are you sure? I would appreciate it if you could point me towards the relevant provisions.

I am not getting your point. "They are allowed to stop non-striking workers from doing work? Are you sure? Would appreciate if you can point me towards the relevant provisions." Who is stopping work? If striking workers are stopping contractual workers from working, then NO. Striking workers do not have any right to stop any worker who is willing to work, whether they are contractual or permanent. If the employer is stopping contractual workers from working, then the employer does have the right as per their agreed terms and conditions. As far as the strike is concerned, it is done by workers, not by the employer.

Regards,
Jitender

Your original post said they can stop contract workers from working in the factory. The logical interpretation would be you were talking about the rights of striking workers to stop contract workers from working. Thanks for the clarification.

In a very simple way, an employee can go on strike only if they want to, by following the strike notice rule. No one can insist on them to go on strike or not to go on strike.

Regards,
Jitender

Dear Mangaldas,

Your charter of demands is being negotiated as the management is not interested. Do you have a union? Is it affiliated with any trade union?

Charter of Demands

Are your charter of demands being served to the company as a whole or only to your independent unit? The charter of demand is being served by your trade union. Is everything as per the provisions of the Industrial Disputes Act? If so, kindly send the charter demand copy to the Labour Commissioner or Officer of your jurisdiction and request intervention to hold a conciliation meeting with your union and management jointly. They are the only competent persons to intervene in the matter and arrive at negotiations.

Strike Notice and Legalities

No worker, as an individual or in a group, can go on strike without proper advance written notice to the management. Failing to serve the notice will amount to an illegal strike, and the management shall have the right to initiate disciplinary action against such striking workers.

You cannot stop or prevent the contract laborers without a proper meeting with your management and office bearers of the union. If you violate this, the preventing workers shall face trouble.

Serve the strike notice in writing to the management at least 21 days before through your union, stating the reasons for the ongoing strike. Only then will it be considered legal; otherwise, it is illegal.

Consultation and Representation

Consult with your office bearer of the union. If not, consult and represent your demands through an advocate duly authorized by your union.

Regards,
Adoni Suguresh

Sr. Executive (Pers, Admin & Ind. Rels) Retired
Labour Laws Consultant