Declare Lock out before something goes wrong. It is better than keeping them idle inside. Then take a tough stance before the commissioner. Safeguard your management staff Do not take up individuals before the commissioner Just insist on your inability to give any increase. Keep repeating the same
Ensure that other staff members ae safeguarded from any violence
From India, Chennai
367Ensure that other staff members ae safeguarded from any violence
From India, Chennai
Hi Siva,
Start conciliation proceedings immediately without any delay and inform Labour department also about incidents which are against public and employees. Under the ID Act, the respective Government has powers to ban the strike or approach Civil court which can also prevent the striking workmen from entering into factory premises.
Meet Senior Police officials for help.
From India, Bangalore
Start conciliation proceedings immediately without any delay and inform Labour department also about incidents which are against public and employees. Under the ID Act, the respective Government has powers to ban the strike or approach Civil court which can also prevent the striking workmen from entering into factory premises.
Meet Senior Police officials for help.
From India, Bangalore
Hello Sivashankarcj,
Like T.Sivasankaran mentioned, Lockout at this stage seems to be right step--before any factory property gets damaged/sabotaged.
Sometimes, it's always better TO ALLOW SITUATION TO ESCALATE--that way things would be in YOUR control. If the situation escalates while the management looks the other way OR remains in the 'reactive' mode rather than 'Pro-active' mode, the management tends to hand-over control to the striking workers.
Needless to mention, your Labour Lawyer needs to be in-place & not a single step by the management is advisable WITHOUT his being in the picture. Also, I presume care has been taken to select the lawyer who has the management's interest @ heart--rather than allow any situation where he is among the quite a few who play double-games.
Another step you COULD probably take is to first cover your legal position & then INVOLVE the media, to counter the Union's points-of-view.
Also, suggest wait for Madhu TK's suggestions.
All the Best.
Rgds,
TS
From India, Hyderabad
Like T.Sivasankaran mentioned, Lockout at this stage seems to be right step--before any factory property gets damaged/sabotaged.
Sometimes, it's always better TO ALLOW SITUATION TO ESCALATE--that way things would be in YOUR control. If the situation escalates while the management looks the other way OR remains in the 'reactive' mode rather than 'Pro-active' mode, the management tends to hand-over control to the striking workers.
Needless to mention, your Labour Lawyer needs to be in-place & not a single step by the management is advisable WITHOUT his being in the picture. Also, I presume care has been taken to select the lawyer who has the management's interest @ heart--rather than allow any situation where he is among the quite a few who play double-games.
Another step you COULD probably take is to first cover your legal position & then INVOLVE the media, to counter the Union's points-of-view.
Also, suggest wait for Madhu TK's suggestions.
All the Best.
Rgds,
TS
From India, Hyderabad
Mr. T. Shiva and Mr. Taj,
With due respect to both your views, I understand the workers are inside the factory and striking. Even by declaring the Lock out, if these workers refuse to come outside the factory or indulge into physical fight with management since they have support of local MLA, don't you think things may go out of hand and it will escalate into other new issues?
From India, Bangalore
With due respect to both your views, I understand the workers are inside the factory and striking. Even by declaring the Lock out, if these workers refuse to come outside the factory or indulge into physical fight with management since they have support of local MLA, don't you think things may go out of hand and it will escalate into other new issues?
From India, Bangalore
It will not. As long as you are afraid, Union takes advantage. Work out a correct strategy timing etc to paste the lock out.In a similar situation, I declared lock out and excepting myself, the works manager and the Managing Director, no one in the Copany was aware that there is going to be a lock out. Keep it confidential. Then I literally disappeared and the Management was not available for any discussion for two months.It was not leagal but I took a stand that we will not participate in any discussion and I even told the Commissioner that if they want they can declare lock out illegal. And fortunately for me Dy Commissioner issued a letter declaring the lock out illegal.And we took advantage of it saying that the commissioner has no power to declare strike or lock out illegal and either the court can say so or Govt can declare. Even if the Govt declares it illegal, we can go on writ and the Govts decision is not final.
At this stage, strategy. courage, conviction play a critical role.
Declare lock out, sned copies to Ploice station. Lodge a Police complaint that they are staying inside illegally. ask your Management staff to be away. Ask them to be careful.
From India, Chennai
At this stage, strategy. courage, conviction play a critical role.
Declare lock out, sned copies to Ploice station. Lodge a Police complaint that they are staying inside illegally. ask your Management staff to be away. Ask them to be careful.
From India, Chennai
T.Sivasankaran,
I have a suggestion here. Why declare lock out and get into legality. Suspend the Operation of factory till workers give undertaking that they will work efficiently and till such time i.e. two or three months wait. In either case i.e. Lock out or suspension of Operation, the effect and legality will be same. But in case of illegal Lock out, the management may be directed to pay wages and in case of suspension of work due to strike by workmen, there may be some bargain knowing well that both are illegal.
From India, Bangalore
I have a suggestion here. Why declare lock out and get into legality. Suspend the Operation of factory till workers give undertaking that they will work efficiently and till such time i.e. two or three months wait. In either case i.e. Lock out or suspension of Operation, the effect and legality will be same. But in case of illegal Lock out, the management may be directed to pay wages and in case of suspension of work due to strike by workmen, there may be some bargain knowing well that both are illegal.
From India, Bangalore
There is no provision for suspension of work .In effect suspension of work is Lock out. It is question of using different terminology. I would rather use direct usage of the word Lock out rather than using the word suspension of work.
Very rarely courts have declared Lock out illegal and workers were paid wages. Normally courts do not give this ruling. Create records for low production, sitting inside and not doing work. This is more than sufficient to prove that the management has no other alternative but to declare lock out. One does not need to wait for violence and any incident that could lead to violence is sufficient cause to declare lock out. Sitting and squatting inside is sufficient cause to declare lock out. If workers had remained outside, then management has to think twice before declaring lock out but a stay in strike is sufficent cause to declare lock out
From India, Chennai
Very rarely courts have declared Lock out illegal and workers were paid wages. Normally courts do not give this ruling. Create records for low production, sitting inside and not doing work. This is more than sufficient to prove that the management has no other alternative but to declare lock out. One does not need to wait for violence and any incident that could lead to violence is sufficient cause to declare lock out. Sitting and squatting inside is sufficient cause to declare lock out. If workers had remained outside, then management has to think twice before declaring lock out but a stay in strike is sufficent cause to declare lock out
From India, Chennai
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