Facing Daily Illegal Strikes in the Factory: How Can We Resolve This with Legal Support?

Please tell me how to get rid of the illegal strike every day in the factory! Whenever any legal rules are made in the factory, the workers immediately disperse the management, protest, or strike, causing a loss of production. Please suggest: Can we also get help from the Labor Department and Police? And how? If you have any other information regarding this, please share.

Dear,

Of course, you can take the help of the Labour Department and Police as well in this case. Approach personally individual faithful employees and ask them the reason and if they are interested in doing the same. Tell them about the consequences of this illegal strike, which will not only affect them but also their families.

Please let me know if you need any further assistance.

Addressing Indiscipline During Working Hours

It is a matter of high-handed indiscipline during working hours. How many workers are there? I hope many times they have resorted to such an illegal strike, and as a result, management must have withdrawn the policy supposed to be implemented. If you had handled it firmly, they would not have repeated the indiscipline. It seems a bad culture has been created whenever any change in policy is introduced or imposed by the management. If you can create a grievance redress procedure and the workmen agree, then things would be easier.

Preparing for Change and Handling Strikes

If you want to create a change, be prepared to face some production loss. Discuss with your management. If they agree, next time when they resort to such an illegal strike, first put up a notice, warning them to return to work within half an hour. If they don't resume work, as a firm decision, declare a 'Suspension of Operation' and shut the factory, making the workers leave the premises. You may take the help of local police if required. Inform the labor department in detail and initiate a conciliation. Have an agreement before the Conciliation Officer, assuring that they will not resort to an illegal strike, and create a grievance redress procedure. You may also add a clause that if anyone resorts to such an illegal strike, appropriate disciplinary action will be initiated against individual employees. On this assurance, you may reopen the unit. This is a tough stand.

Addressing Union Strikes

Talk to the unions (if there are any). Find out the reason for the strike and any justification for this disruptive behavior.

Assessing the Situation

How big is your unit? Is there any violence in their actions while dispersing management? In case of violent actions, surely seek police coverage while addressing the issues raised by workers.

Involving the Labor Department

The labor department is meant to help in such cases. You will need to document events, identify troublemakers, and initiate actions against them if your attempts to settle issues do not work out.

Understanding the Legality of Work Stoppages

We need to determine whether the frequent organized stoppage of work is directed by the Union or is a spontaneous action by the workers. The legality of such actions is ultimately for the court to decide. Your non-reactive stance towards these unjustified acts has encouraged workers to develop a habit of it.

Taking Action Against Unjustified Work Stoppages

You should consider deducting wages each time workers resort to suspending operations prior to a lockout, after providing due notice. It is essential to bring them to the discussion table in the presence of a third party, such as the Conciliation machinery under the ID Act, to resolve this issue amicably.

Addressing the Root Causes

Workers' actions, though unjustified and possibly illegal, may arise from repeated wrongdoings by management or unilateral imposition of rules and policies without prior discussion. The preventive solution lies in fostering a culture of bilateral discussions on common issues and striving to resolve them. Otherwise, you will continually face firefighting situations, leading to a chain of actions and reactions causing avoidable damage to both sides.

Regards,
Vinayak Nagarkar
HR Consultant

Without justifying the strike or entering into its legality, I wish to presume that your company has sufficient strength of workmen and a Trade Union with a committee to represent workmen before the management, and the ID Act applies.

Process for effecting changes in service conditions

The Section 9A of the Act lays down the process for effecting changes in the service conditions. Now, my question here is: are you following the process? Since there is a union, both sides must be having periodical meetings depending upon the requirements.

Addressing lack of trust and confidence

Further, your query is making it obvious that there is a lack of trust and confidence, so their relations are quite strained. Mostly, this happens due to a lack of understanding and proper communication or a communication gap between the parties. This has resulted in a casualty of discipline.

Please do the root cause analysis and remove the anomalies to improve industrial relations. I think neither can you put the blame solely on the workmen alone; your HR department should also share equal blame for this situation.

Furthermore, you cannot rush to court and government authorities to bail you out all the time.

Warm Regards,

Bharat Gera HR Consultant [Phone Number Removed For Privacy-Reasons]

Addressing the Cause of Strikes

The cause of the strike is associated with employees' demands and grievances that have not been addressed. Your primary job is to identify the underlying cause responsible for all strikes. You should ensure that there is no fault remaining from the employer.

Engaging with Workers' Representatives

You should also call the workers' representatives or union for a discussion over the issue and appraise the management's view, keeping the minutes of the meeting. Inform them to advise the workers that they should not resort to a strike but come for a discussion if any issues exist.

Meeting with Licensing Authority

You need to meet with the licensing authority to discuss the matter and appraise the management's concerns. Notify them that the management would not hesitate to call for a lockout if things are not set right.

Addressing Indiscipline in the Workplace

While legal recourse is available, it's crucial to identify the root cause of this indiscipline. As an HR professional, sift through the information to determine if there's a fundamental issue with the policies being implemented or if there's a culture of distrust against management. Identifying and addressing the trigger for such behavior is essential.

Do not attempt to implement all policies unilaterally. Instead, create momentum by involving employees. Identify any mischief-makers and assess whether the management team and functional heads are united, building trust with them. Sometimes, a herd mentality drives people to act in this manner. Form smaller groups of employees with the mischief-makers as leaders to implement parts of the policy under HR supervision. Make them your champions, and give them recognition by rewarding good behavior. Set examples and be transparent in implementation. If there are flaws in the policies, communicate with management as well. Remember, you are a People's Champion, which includes both management and employees. All of this will contribute to creating a positive culture in the long run.