Dear All,
Can anyone please clarify the process of the industrial dispute settlement mechanism as per the Industrial Dispute Act? I am unclear about the process, i.e., collective bargaining, arbitration, labor court, tribunal, and national tribunal. For example, if a dispute arises and is not resolved through collective bargaining, where does it proceed next? A complete flowchart illustrating this process would greatly help me understand better.
Thanks & regards,
Ravi A.
From India, Madras
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Can anyone please clarify the process of the industrial dispute settlement mechanism as per the Industrial Dispute Act? I am unclear about the process, i.e., collective bargaining, arbitration, labor court, tribunal, and national tribunal. For example, if a dispute arises and is not resolved through collective bargaining, where does it proceed next? A complete flowchart illustrating this process would greatly help me understand better.
Thanks & regards,
Ravi A.
From India, Madras
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Understanding Dispute Settlement Machinery
Each dispute settlement machinery has its own merits and demerits. If a collective bargaining or bipartite settlement fails, you can approach the Conciliation Officer. This process involves arriving at a consensus after hearing both parties. However, if both parties do not come to an understanding, the conciliation fails. The Conciliation Officer cannot issue an order, and even if an order is made, it may not be honored.
In contrast, the Labour Court or Tribunal can issue an order or award that must be honored and will be binding on both parties. However, due to its court procedure nature, it may take time.
Regards,
Madhu.T.K
From India, Kannur
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4526Each dispute settlement machinery has its own merits and demerits. If a collective bargaining or bipartite settlement fails, you can approach the Conciliation Officer. This process involves arriving at a consensus after hearing both parties. However, if both parties do not come to an understanding, the conciliation fails. The Conciliation Officer cannot issue an order, and even if an order is made, it may not be honored.
In contrast, the Labour Court or Tribunal can issue an order or award that must be honored and will be binding on both parties. However, due to its court procedure nature, it may take time.
Regards,
Madhu.T.K
From India, Kannur
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Setting Up of Grievance Redressal Machinery
The ID Act has introduced 9C as the first step for tackling individual grievances.
9C. (1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committees for the resolution of disputes arising out of individual grievances. (2) The Grievance Redressal Committee shall consist of an equal number of members from the employer and the workmen. (3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on a rotation basis every year. (4) The total number of members of the Grievance Redressal Committee shall not exceed more than six: Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members is more than two, the number of women members may be increased proportionately. (5) Notwithstanding anything contained in this section, the setting up of the Grievance Redressal Committee shall not affect the right of the workman to raise an industrial dispute on the same matter under the provisions of this Act. (6) The Grievance Redressal Committee may complete its proceedings within thirty days on the receipt of a written application by or on behalf of the aggrieved party. (7) The workman who is aggrieved by the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of the Grievance Redressal Committee, and the employer shall, within one month from the date of receipt of such appeal, dispose of the same and send a copy of his decision to the workman concerned.
Regards,
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
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The ID Act has introduced 9C as the first step for tackling individual grievances.
9C. (1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committees for the resolution of disputes arising out of individual grievances. (2) The Grievance Redressal Committee shall consist of an equal number of members from the employer and the workmen. (3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on a rotation basis every year. (4) The total number of members of the Grievance Redressal Committee shall not exceed more than six: Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members is more than two, the number of women members may be increased proportionately. (5) Notwithstanding anything contained in this section, the setting up of the Grievance Redressal Committee shall not affect the right of the workman to raise an industrial dispute on the same matter under the provisions of this Act. (6) The Grievance Redressal Committee may complete its proceedings within thirty days on the receipt of a written application by or on behalf of the aggrieved party. (7) The workman who is aggrieved by the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of the Grievance Redressal Committee, and the employer shall, within one month from the date of receipt of such appeal, dispose of the same and send a copy of his decision to the workman concerned.
Regards,
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
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Dear Ravi, Kindly check the attachment, which may help you. This I had downloaded from internet. Regard’s Shaikh
From India, Bhubaneswar
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From India, Bhubaneswar
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Dear All,
Can anyone please clarify the process of industrial disputes under the following mechanisms as per the Industrial Dispute Act:
1. Company closed settlement mechanism
2. Three years one-time wage settlement mechanism as per the ID Act
Thanks & Regards,
P. Manoharan
From India, Chennai
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Can anyone please clarify the process of industrial disputes under the following mechanisms as per the Industrial Dispute Act:
1. Company closed settlement mechanism
2. Three years one-time wage settlement mechanism as per the ID Act
Thanks & Regards,
P. Manoharan
From India, Chennai
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Online proforma for raising industrial dispute under ID Act 18.7.2017.pdf
Industrial Dispute Act.ppt
Industrial Employment Standing Oder Act.doc