Clarification on Industrial Disputes Act: Strikes and Lock-Outs
As per the Industrial Disputes Act, Chapter V, Section 22, discussing strikes and lock-outs, it states:
1. No person employed in a public utility service shall go on strike in breach of contract:
- (a) Without giving notice of strike to the employer, as provided hereinafter, within six weeks before striking; or
- (b) Within fourteen days of giving such notice; or
- (c) Before the expiry of the strike date specified in any such notice; or
- (d) During any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
Points of Confusion
I) Does point (a) imply that they can go on strike after fourteen days but before six weeks?
II) Is it justified to consider the expiry date of the strike before the six-week period?
III) What is the purpose of the fourteen-day notice period?
Please provide your insights as we aim to effectively communicate with our Chinese management.
Regards,
AVGV Prasad
DGM-HR, GTI, Nellore, AP
From India, Madras
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As per the Industrial Disputes Act, Chapter V, Section 22, discussing strikes and lock-outs, it states:
1. No person employed in a public utility service shall go on strike in breach of contract:
- (a) Without giving notice of strike to the employer, as provided hereinafter, within six weeks before striking; or
- (b) Within fourteen days of giving such notice; or
- (c) Before the expiry of the strike date specified in any such notice; or
- (d) During any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
Points of Confusion
I) Does point (a) imply that they can go on strike after fourteen days but before six weeks?
II) Is it justified to consider the expiry date of the strike before the six-week period?
III) What is the purpose of the fourteen-day notice period?
Please provide your insights as we aim to effectively communicate with our Chinese management.
Regards,
AVGV Prasad
DGM-HR, GTI, Nellore, AP
From India, Madras
Acknowledge(0)Amend(0)
Thank you for raising this pertinent question because a cursory reading of Sec. 22 is bound to confuse everyone due to the wider and pervasive impact it has on the double-edged weapons in the hands of partners in production, sometimes at war with each other. Let me clarify as I understand it:
Clarification on Notice Periods
(1) The 6 weeks mentioned in clause (a) of sub-section (1) of Sec. 22 regarding a strike by the workmen and clause (a) of sub-section (2) of Sec. 22 regarding a lock-out by the employer is the maximum period for the issuance of a notice of strike or lock-out, as the case may be.
(2) The 14 days mentioned in clauses (b) of sub-section (1) and (2) of Sec. 22, respectively, regarding the strike and lock-out, represent the minimum notice period.
Regarding the above points, your presumptions are correct. No strike or lock-out shall be initiated within the minimum notice period or after the maximum notice period, i.e., 6 weeks. In other words, after the expiration of 6 weeks, a fresh notice should be issued again, complying with the minimum and maximum notice periods.
Impact of Strikes and Lock-outs
(3) If a strike or lock-out materializes as proposed, it would certainly result in a loss of production for the employer, a loss of wages for the workmen, a reduction in revenue for the economy through decreased taxes and tariffs, and a deprivation of goods and services to society. Therefore, if not addressed promptly, it can have a domino effect on industrial relations and ultimately paralyze the economic activity of an entire region or nation. Hence, in my opinion, the 14-day minimum notice period is statutorily prescribed to instill prudence in the minds of the disputants, facilitating reaching a consensus by revising their respective rigid stances and making possible legal stop-gap arrangements as well.
Regards.
From India, Salem
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6108Clarification on Notice Periods
(1) The 6 weeks mentioned in clause (a) of sub-section (1) of Sec. 22 regarding a strike by the workmen and clause (a) of sub-section (2) of Sec. 22 regarding a lock-out by the employer is the maximum period for the issuance of a notice of strike or lock-out, as the case may be.
(2) The 14 days mentioned in clauses (b) of sub-section (1) and (2) of Sec. 22, respectively, regarding the strike and lock-out, represent the minimum notice period.
Regarding the above points, your presumptions are correct. No strike or lock-out shall be initiated within the minimum notice period or after the maximum notice period, i.e., 6 weeks. In other words, after the expiration of 6 weeks, a fresh notice should be issued again, complying with the minimum and maximum notice periods.
Impact of Strikes and Lock-outs
(3) If a strike or lock-out materializes as proposed, it would certainly result in a loss of production for the employer, a loss of wages for the workmen, a reduction in revenue for the economy through decreased taxes and tariffs, and a deprivation of goods and services to society. Therefore, if not addressed promptly, it can have a domino effect on industrial relations and ultimately paralyze the economic activity of an entire region or nation. Hence, in my opinion, the 14-day minimum notice period is statutorily prescribed to instill prudence in the minds of the disputants, facilitating reaching a consensus by revising their respective rigid stances and making possible legal stop-gap arrangements as well.
Regards.
From India, Salem
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Industrial Disputes Amendment Act 2010.doc
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