A. Replacement of striking workers in US :
In the U.S., as established in the National Labor Relations Act there is a legally protected right for private sector employees to strike to gain better wages, benefits, or working conditions and they cannot be fired.
Striking for economic reasons (i.e., protesting workplace conditions or supporting a union's bargaining demands) allows an employer to hire permanent replacements. The replacement worker can continue in the job and then the striking worker must wait for a vacancy.
But if the strike is due to unfair labor practices (ULP), the strikers replaced can demand immediate reinstatement when the strike ends.
Does same law exists in India?
B. Is replacement of striking workers allowed in India?
We have on going strike by union workers who 2-3 times wages than minimum wages. Company is decided not to accept there demand for further increase till market uncertainty is over in our product line and certain stable turnover is achieved.
Hence, we have hired new permanent employee and running the plant smoothly. Is there any restrictions on hiring replacement workers (as it is claimed by union)?
C. Is it compulsory to give employment to striking workers if there is no vacancy?
Now as and when striking workers ends the strike, we shall have double manpower. In this situation, we need to remove newly appointed employees (who have already completed 6 months) or ask striking workers to wait till further vacancies are there.
Which is legally correct strategy?
In the U.S., as established in the National Labor Relations Act there is a legally protected right for private sector employees to strike to gain better wages, benefits, or working conditions and they cannot be fired.
Striking for economic reasons (i.e., protesting workplace conditions or supporting a union's bargaining demands) allows an employer to hire permanent replacements. The replacement worker can continue in the job and then the striking worker must wait for a vacancy.
But if the strike is due to unfair labor practices (ULP), the strikers replaced can demand immediate reinstatement when the strike ends.
Does same law exists in India?
B. Is replacement of striking workers allowed in India?
We have on going strike by union workers who 2-3 times wages than minimum wages. Company is decided not to accept there demand for further increase till market uncertainty is over in our product line and certain stable turnover is achieved.
Hence, we have hired new permanent employee and running the plant smoothly. Is there any restrictions on hiring replacement workers (as it is claimed by union)?
C. Is it compulsory to give employment to striking workers if there is no vacancy?
Now as and when striking workers ends the strike, we shall have double manpower. In this situation, we need to remove newly appointed employees (who have already completed 6 months) or ask striking workers to wait till further vacancies are there.
Which is legally correct strategy?