Hi All,
I work in a steel-making industry where production runs 24/7 with workers operating in shifts. My question is, do the workers have the right to protest or demonstrate during working hours on the plant premises? Naturally, this could disrupt production.
How can we prevent them from protesting during production schedules after negotiations have been completed, considering the strong trade union culture here? I am aware of the provisions outlined in the Industrial Disputes Act that prohibit strikes.
I would appreciate it if you could enlighten me on this matter beyond the provisions in the act and share any relevant court cases or judgments.
Thanks in advance.
From India, Delhi
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I work in a steel-making industry where production runs 24/7 with workers operating in shifts. My question is, do the workers have the right to protest or demonstrate during working hours on the plant premises? Naturally, this could disrupt production.
How can we prevent them from protesting during production schedules after negotiations have been completed, considering the strong trade union culture here? I am aware of the provisions outlined in the Industrial Disputes Act that prohibit strikes.
I would appreciate it if you could enlighten me on this matter beyond the provisions in the act and share any relevant court cases or judgments.
Thanks in advance.
From India, Delhi
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Dear ricky215,
No trade union has the right to demonstrate or protest during working hours. If anyone does so, a proportionate salary deduction must be made from their salaries.
As you are in the Steel Making Industry and appear to be from a PSU, according to Schedule I of the ID Act, unless the proper procedures regarding strikes are completed, any such protest will be deemed an Illegal Strike. The employer is authorized to deduct a proportionate salary from the wages of the workers, along with the liberty to proceed with domestic inquiries.
Hi All,
I work in a steel-making industry where production runs 24/7 with workers in shifts. My question is, do the workers have the right to protest or demonstrate during working hours on the plant premises? Naturally, production will be impacted.
How can we prevent them from protesting or demonstrating during the production schedule after negotiations have concluded? The trade union culture is very strong here. I am aware of the provisions mentioned in the Industrial Dispute Act that prohibit strikes.
Kindly enlighten me on this, in addition to the provisions in the act, and if you are aware of any court cases or judgments related to this.
Thanks in advance.
From India, Pune
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470No trade union has the right to demonstrate or protest during working hours. If anyone does so, a proportionate salary deduction must be made from their salaries.
As you are in the Steel Making Industry and appear to be from a PSU, according to Schedule I of the ID Act, unless the proper procedures regarding strikes are completed, any such protest will be deemed an Illegal Strike. The employer is authorized to deduct a proportionate salary from the wages of the workers, along with the liberty to proceed with domestic inquiries.
Hi All,
I work in a steel-making industry where production runs 24/7 with workers in shifts. My question is, do the workers have the right to protest or demonstrate during working hours on the plant premises? Naturally, production will be impacted.
How can we prevent them from protesting or demonstrating during the production schedule after negotiations have concluded? The trade union culture is very strong here. I am aware of the provisions mentioned in the Industrial Dispute Act that prohibit strikes.
Kindly enlighten me on this, in addition to the provisions in the act, and if you are aware of any court cases or judgments related to this.
Thanks in advance.
From India, Pune
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In this case, if the workers leave the shop floor for the purpose of demonstrations resulting in loss of production, get a report from the concerned shop floor supervisor and from the security at the gate if the demonstration is done outside the gate. If it is done inside the shop floor, the basic report from the supervisor supported by other superiors like the production in charge, etc., is essential. Based on the reports, a general notice advising the workers not to indulge in demonstrations during working hours, and that it is liable for deduction of wages not only for the working hours/production lost but also viewed as a sudden cat-call strike, violating the CSO, and indulgence of which shall be punishable with a deduction of 8 days' wages. (Please check the CSO of your organization). If the number of persons involved in the demonstrations is less, then individual advice/warning letters may be issued to those persons instead of a general notice. If it is a recognized Union, then the union should also be served a letter as to why the above is not to be done.
From India, Selam
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From India, Selam
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Dear Ricky215,
These are the most difficult situations where any specific answers can be provided. I have read the suggestions made by Mr. Ingawale and Mr. Venkatraghavan, but sorry to say that I do not agree with their suggestions. They just do not suit the need of the hour.
If the workers are indulging in acts of demonstrations, shouting slogans, rising, etc., your first and immediate task will be to move a court to seek prohibition on such activities. Due to these prohibitory orders, you can have police protection also.
Evidence gathering: You have to take photographs and gather daily reports of persons participating in the demonstrations. Moreover, you will have to put up notices appealing to all workers not to indulge in such activities and also mention its consequences if these activities are not withdrawn, with copies to LC, FI, Police Station, etc.
But what is important in this situation is you must keep dialogue with workers. You must keep your doors open for discussions. You must be vigilant and watchful for each and every activity of workers and their plans. Perhaps they may indulge in coercive, threatening, or aggressive activities. So, a prohibitory order from the court will help to stop such activities.
Adv. K. H. Kulkarni
From India, Kolhapur
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These are the most difficult situations where any specific answers can be provided. I have read the suggestions made by Mr. Ingawale and Mr. Venkatraghavan, but sorry to say that I do not agree with their suggestions. They just do not suit the need of the hour.
If the workers are indulging in acts of demonstrations, shouting slogans, rising, etc., your first and immediate task will be to move a court to seek prohibition on such activities. Due to these prohibitory orders, you can have police protection also.
Evidence gathering: You have to take photographs and gather daily reports of persons participating in the demonstrations. Moreover, you will have to put up notices appealing to all workers not to indulge in such activities and also mention its consequences if these activities are not withdrawn, with copies to LC, FI, Police Station, etc.
But what is important in this situation is you must keep dialogue with workers. You must keep your doors open for discussions. You must be vigilant and watchful for each and every activity of workers and their plans. Perhaps they may indulge in coercive, threatening, or aggressive activities. So, a prohibitory order from the court will help to stop such activities.
Adv. K. H. Kulkarni
From India, Kolhapur
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Please read the sentence "These are the most difficult situations where any specific answers can not be easily provided."
From India, Kolhapur
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From India, Kolhapur
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Dear Ricky,
The simmering protest and the defiant attitude of the workers to leave the workplace is an ominous sign. It is time to take it very seriously and take decisive action. It is reported by you that all negotiations have been done, so peace must return. Probably what has been settled is not agreeable to the agitators. Are they significant in number? Is there a settlement reached with the unions during conciliation, or have you entered into a bilateral agreement? Whereas a bilateral agreement is binding on the parties to the agreement, the conciliation settlement is binding on all.
In the background of the matter, you may have to pursue multiple options:
1. Call the representatives of the agitators and discuss their grievances. Show your genuine concern to resolve all the matters.
2. Bring the Labour department into the picture. Let the matter be discussed in the presence of the Labour authorities.
3. Post a notice stating that an illegal strike is happening and the management will be compelled to take action accordingly, including deduction of wages as per the Payment of Wages Act (Proviso to Section 9, but this is subject to the Rules applicable to your industry, so check that).
4. In the second step, take disciplinary action against second-rung leaders. If we act against first-level leaders, they want to be the martyrs, and we would make them, but the second level has a lot more vulnerabilities.
Since you are in a process industry where 24 hours of work are needed, any shortfall therein is a loss. So, looking at all the factors, please pursue a multi-pronged strategy. I won't advise an entirely legal approach in the matter.
KK
From India, Bhopal
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The simmering protest and the defiant attitude of the workers to leave the workplace is an ominous sign. It is time to take it very seriously and take decisive action. It is reported by you that all negotiations have been done, so peace must return. Probably what has been settled is not agreeable to the agitators. Are they significant in number? Is there a settlement reached with the unions during conciliation, or have you entered into a bilateral agreement? Whereas a bilateral agreement is binding on the parties to the agreement, the conciliation settlement is binding on all.
In the background of the matter, you may have to pursue multiple options:
1. Call the representatives of the agitators and discuss their grievances. Show your genuine concern to resolve all the matters.
2. Bring the Labour department into the picture. Let the matter be discussed in the presence of the Labour authorities.
3. Post a notice stating that an illegal strike is happening and the management will be compelled to take action accordingly, including deduction of wages as per the Payment of Wages Act (Proviso to Section 9, but this is subject to the Rules applicable to your industry, so check that).
4. In the second step, take disciplinary action against second-rung leaders. If we act against first-level leaders, they want to be the martyrs, and we would make them, but the second level has a lot more vulnerabilities.
Since you are in a process industry where 24 hours of work are needed, any shortfall therein is a loss. So, looking at all the factors, please pursue a multi-pronged strategy. I won't advise an entirely legal approach in the matter.
KK
From India, Bhopal
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Dear All,
Interesting discussions, isn't it?
It happens quite often in manufacturing industries, particularly in continuous process industries. There is hardly anything left to be mentioned after the above suggestions and advice have been put forth.
However, I would like to add that we need to understand that like any relationship, Industrial Relations is also a result of actions and interactions between employers and employees (union) based on their rights and responsibilities. Whenever any of the parties transgress the mutually agreed dos and don'ts or state-made laws regulating their relationships, there is an Industrial Relations issue. The affected party has the liberty to proceed against the other.
In this case, workers who agitated during working hours have actually resorted to an illegal strike, resulting in monetary and non-monetary losses to the employer. This could be because:
1) The workers are not aware of the consequences.
2) In the past, management didn't take actions against such erring workers; hence there has been a behavioral reinforcement.
3) Workers have the support of influential TU leaders.
4) Workers don't bother about the consequences.
In my considered opinion, such behavior is a serious misconduct and needs to be nipped by taking appropriate action right at the beginning.
The following actions are suggested:
1) Deduction of wages for absence from duty as per Section 9 of the Payment of Wages Act, 1936, which provides for the deduction of wages not exceeding wages up to 8 days.
2) If the agitation was resorted to under the banner of the union, necessary actions as per Section 25U of the ID Act, 1947.
3) Proceed for derecognition of the union as per the ID Act and rules thereunder.
4) Immediate initiation of disciplinary actions against each worker having participated in the illegal strike.
5) Proceed to get the said industrial action of the workers declared as illegal from the court.
From India, Pune
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Interesting discussions, isn't it?
It happens quite often in manufacturing industries, particularly in continuous process industries. There is hardly anything left to be mentioned after the above suggestions and advice have been put forth.
However, I would like to add that we need to understand that like any relationship, Industrial Relations is also a result of actions and interactions between employers and employees (union) based on their rights and responsibilities. Whenever any of the parties transgress the mutually agreed dos and don'ts or state-made laws regulating their relationships, there is an Industrial Relations issue. The affected party has the liberty to proceed against the other.
In this case, workers who agitated during working hours have actually resorted to an illegal strike, resulting in monetary and non-monetary losses to the employer. This could be because:
1) The workers are not aware of the consequences.
2) In the past, management didn't take actions against such erring workers; hence there has been a behavioral reinforcement.
3) Workers have the support of influential TU leaders.
4) Workers don't bother about the consequences.
In my considered opinion, such behavior is a serious misconduct and needs to be nipped by taking appropriate action right at the beginning.
The following actions are suggested:
1) Deduction of wages for absence from duty as per Section 9 of the Payment of Wages Act, 1936, which provides for the deduction of wages not exceeding wages up to 8 days.
2) If the agitation was resorted to under the banner of the union, necessary actions as per Section 25U of the ID Act, 1947.
3) Proceed for derecognition of the union as per the ID Act and rules thereunder.
4) Immediate initiation of disciplinary actions against each worker having participated in the illegal strike.
5) Proceed to get the said industrial action of the workers declared as illegal from the court.
From India, Pune
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Dear Ricky,
I am in agreement with the advice of Mr. Jha. Strong action is warranted in the given situation. Please also issue an advisory notice to workmen about their joining the agitation and the consequences arising from it.
Since, in the past, in a similar situation, no action was taken by the management, your strict action may lead to a major industrial relations situation for which your management should be prepared. Please keep the local labor department informed while initiating action.
S.K. Johri
From India, Delhi
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I am in agreement with the advice of Mr. Jha. Strong action is warranted in the given situation. Please also issue an advisory notice to workmen about their joining the agitation and the consequences arising from it.
Since, in the past, in a similar situation, no action was taken by the management, your strict action may lead to a major industrial relations situation for which your management should be prepared. Please keep the local labor department informed while initiating action.
S.K. Johri
From India, Delhi
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Demonstrations and Dharnas per se are not always acts of "misconduct." If it's a "peaceful demonstration," albeit with slogan shouting for their demands, even within the company premises which "does not cause inconvenience to the working of the company or its customers or does not disturb the peace or against the interest of the sovereignty or integrity of the country," then it cannot be classified in the same class as other forms of demonstrations and hence legal under the fundamental rights guaranteed under Article 19(1)(a) and 19(1)(b) of the Constitution of India.
In the case "D. Thomas Franco Rajendra Dev vs The Disciplinary Authority," the Apex Court had this to say: "......this Court on the holding of a demonstration inside the campus, we hold that a mere demonstration held, per se, thus cannot be understood as a mark of misconduct under the Rules. ....................... we fail to understand how the demonstration held by the Officer would come as in conflict with Rule 50(4), 50(5), and 50(6) to become "misconduct" under Rule 64, inviting disciplinary action. In the context of the view that we have taken, there being absolutely no material to the alleged misconduct to fit in with the decision reported in AIR 1984 SC 1361 (A.L. Kalra V. The Project and Equipment Corporation of India Ltd.), we have no hesitation in allowing the Writ Appeals."
However, if the demonstration leads to man-hours lost for the company, the company can take disciplinary action based on "No work, No Pay" besides other actions.
From India, Purulia
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In the case "D. Thomas Franco Rajendra Dev vs The Disciplinary Authority," the Apex Court had this to say: "......this Court on the holding of a demonstration inside the campus, we hold that a mere demonstration held, per se, thus cannot be understood as a mark of misconduct under the Rules. ....................... we fail to understand how the demonstration held by the Officer would come as in conflict with Rule 50(4), 50(5), and 50(6) to become "misconduct" under Rule 64, inviting disciplinary action. In the context of the view that we have taken, there being absolutely no material to the alleged misconduct to fit in with the decision reported in AIR 1984 SC 1361 (A.L. Kalra V. The Project and Equipment Corporation of India Ltd.), we have no hesitation in allowing the Writ Appeals."
However, if the demonstration leads to man-hours lost for the company, the company can take disciplinary action based on "No work, No Pay" besides other actions.
From India, Purulia
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Industrial Relations Management.pdf