Industrial Disputes - HRM

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Industrial Disputes - HRM

What are industrial disputes? 

Concept of Industrial Disputes 

In the term ‘industrial dispute’ means “any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which is connected with the employment or non- employment or the terms of employment and conditions of employment of any person”.

Objectives of industrial Disputes Act

—  Prevention of industrial disputes

—  Investigate of industrial disputes

—  Settlement of industrial disputes

THE INDUSTRIAL DISPUTES ACT NO.43 OF 1950 the preamble refers to the term “termination” of industrial disputes, the mechanism under the Act does not have anything concrete for the prevention of an industrial dispute.

Excluding Category of Employees

Excluded Employee means any employee of the Company or its subsidiaries who was previously employed by Purchaser Sub or its affiliates and is ineligible for rehire by Purchaser Sub or its affiliates based on his or her termination code

—  Employees of the government service

—  Employees in local government service

—  Employees in three army forces

—  Judicial officers

Resources for Industrial Disputes

—  Poor working environment

—  Unfair Labour Practices by the employer

—  Unfair conditions of employment

—  Not having chance to enjoy employee rights

—  Terminate the employees without having proper reasons

—  Unfair recruitment

  

Methods of Solving Industrial Disputes

The reasons for proper process in resolving employment disputes continue to apply, as ever:

Disputes at work are expensive, stressful and disruptive for employers and employees.

Early, constructive discussion can produce solutions before problems escalate and working relationships break down.

Guidance on handling redundancies is contained quite separately on the ACAS Redundancy Handling pages.

—  Arbitration

—  Conciliation

—  Labour tribunal

—  Industrial court

—  Collective agreement


Power of Commissioner of Labor Regarding Industrial Disputes

  • Refer the disputes to be settle according to the collective agreement. If such agreement exits between employer and employees.
  • Settle a disputes by conciliation.
  • Refer the disputes for voluntary arbitration.


Power of the Minister of Labour

  • Refer the disputes for compulsory arbitration.
  • Refer the disputes to an industrial court.

Labour Tribunal

  • Labour tribunal is introduce by the Industrial Dispute Act.
  • Mainly to provide “ speedy settlement of industrial settlement”. Easy access to the employee and the just an equitable order.
  • Every application to the LT must be make within 3 months.
  • Employees can make the application to the labour tribunal.

On what matters employees can make application to LT

  • Termination of employment by employer
  • Nonpayment of gratuity or any other termination benefits
  • Employees can make the application to the labour tribunal
  • On what matters employees can make application to LT
  • Termination of employment by employer
  • Nonpayment of gratuity or any other termination benefits
  • In the situation where a question arises as whether the forfeiture of gratuity has been according to gratuity Act.
  • In the situation where a question arises as whether the forfeiture of gratuity has been according to gratuity Act.

References

Your Article Library. (2014). Industrial Disputes: Definition, Forms and Types. [online] Available at: https://www.yourarticlelibrary.com/industries/industrial-disputes-definition-forms-and-types/35453.

Vidanapathirana, H. (n.d.). Primary objectives of the Industrial dispute Act No 43 of 1950 in Sri Lanka : overview and analysis. www.academia.edu. [online] Available at: https://www.academia.edu/33877568/Primary_objectives_of_the_Industrial_dispute_Act_No_43_of_1950_in_Sri_Lanka_overview_and_analysis.

employers.lk. (n.d.). THE INDUSTRIAL DISPUTES ACT NO.43 OF 1950. [online] Available at: http://employers.lk/labour-law-reforms/13-the-industrial-disputes-act-no43-of-1950

www.coursehero.com. (n.d.). Reflection Paper on the Industrial Disputes Act of Sri Lanka.docx - Reflection Paper on the Industrial Disputes Act of Sri Lanka 1 Table of Contents SL | Course Hero. [online] Available at: https://www.coursehero.com/file/37144441/Reflection-Paper-on-the-Industrial-Disputes-Act-of-Sri-Lankadocx/

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