Settlement - Labor Contract

Hi Everyone,
The charter of demand is still pending to settle. Management not intrested for settlement.
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??

Dear Mangal,
1. Can workmen go for strike without any prior notice : - NO
2. Can they stop the contract labour to work in the factory : - YES
3. When can be say the strike is legal or illegal : - If proper notice for strike not given, it would be illegal strike.
** They cannot go on a strike without giving a notice of strike within the six weeks before striking as per Section 22 of ID Act. They can not go on strike either within fourteen days of providing the strike notice or before the expiry of the date of strike specified in any such notice.
Rgds/Jitender

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

Dear Saswata,
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 stoping to do work ?
If striking worker are stoping contractual worker to work then NO. Striking worker do not have any right to stop any worker who is willing to work ,does not matter he is contractual or permanent.
If Employer is stoping contractual worker to work, then Employer do have right as per their agreed terms & Conditions.
And as far as Strike is concerned it is done by worker not by employer.
Rgds/Jitender

Your original post said they can stop contract workers from working in the factory
the logical interpretation would be you were talking of 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 he want, by following the strike notice rule. No one can insist him to go on strike or not to go on strike.
Rgds/Jitender

Dear Mangaldas,

Your charter of demands are negotiated as the Management is not interested. If you have a Union ? Whether it is affliated to any Trade Uniobn ?

Your charter of demands are served to the company as a whole or only of your independent unit? The charter of demand is served by your trade union. If every thing is as per the provions of Industrial Disputes Ac. If so kindly send the Charter demand copy to Labour Commissioner or Officer of your jurisdiction and request for the intervention to hold the conciliation meeting with your union and management jointly. As they are only the competent persons to intervene in the matter and arrive to a negotiations.

No worker as a individual or with group cannot go on strike without proper notice in advance in writing to the Management. Failing to serve the notice, it will tantamount to illegal strike and Management shall have the right to initiate disci;plinary action against the such striking workers.

They cannot stop or prevent to the contract labors without proper any meeting with your management and office bearers of the union. Again if you violate this, the preventing workers shall be in trouble.

You serve the Strike notice in writinmg to the Management before 21 days through your union giving the reasons for on going strike and then only it will be called as Legal or other wise it is illegal.

You consult with your office bearer of the union if not co sult and represent your demands through an advocate duly authorized by your union.

Adoni Suguresh

Sr.Executive (Pers, Admin & Ind.Rels) Rtd

Labour Laws Consultant