grievance readressal machinery

1. Machineries for the settlement of
industrial dispute
Submitted To- Asst.Prof-
Dr. Nigamananda Biswas
compiled by-
Sonakshi Nath
Roll no-69

2. Machineries for the settlement of industrial disputes
Non –
statutory
methods
Government
machinery
Statutory
measures

3. 1.Non - statutory methods
Code of
discipline
Tripartite
machinery
WPM
COLLECTIVE
BARGAINING
SCHEME

4. NON – STATUTORY METHODS
A. CODE OF DISCIPLINE
o It contains self – imposed obligations formulated
by the central organization of employers and the
workers.
o The government has set up various agencies at
the central and the state level to implement code
of discipline.
o The code of discipline provides guidelines for
the employers, workers and unions. It also
stipulates that the management should utilise the
existing machinery for settlement of their
disputes.

5. o In order to maintain discipline in the industry, both in the private and the
public sectors, workers and employers should recognize their rights and
responsibilities defined by law and agreements and both the parties should
discharge their obligations properly and willingly.

6. Advantages of code of discipline
• Uninterrupted production
• Reduction in industrial disputes
• High moral
• Recognize rights and
responsibilities for both
employers and workers.

7. B. Tripartite machinery
Indian labour
conference
Standing labour
committee
Industrial
committee

8. o Similar bodies have also been set up to deal with specific subjects – the
national counsil on training in vocational trades and the central committee
on employment deals with employment and training respectively.
o The standing labour committee include government representatives from
the state and central and an equal number of representatives from workers
and employers organizations.

9. o Important legislative proposals are discussed and
recommended by the labour conference and
standard labour committee.
o Proposals include enactment of-:
Industrial enactment act, 1946
The factories act,1948
Revision of employment children act,1938

10. Advantages of tripartite machinery
• Powerful instrument in the formulation of labour policy
• Its legal framework plays a vital role in reducing industrial disputes.

11. C. WORKERS’ PARTICIPATION IN MANAGEMENT
• The concept of workers’ participation in management is considered as a
mechanism where workers have a say in the decision making process of an
enterprise.
• In view of social thinkers like Comte and owen, workers participation in
management should be encouraged for achieving social justice.

12. • According to their view participative management is one of the tools of
management where the emphasis is on the human approach.

13. • Example-: Tata iron and steel company (TISCO) now called Tata Steel
established a system for workers participation in organization. The
company set up
a) joint departmental council
b) joint work councils
c) joint consultative council of management

14. Advantages of WPM
• Ensure healthy industrial relation
• Gives a sense of belongingness
• Ensures the level of commitment among the
employees
• Mitigating industrial problems
Disadvantages of WPM
• Trade union is keen to fulfill the interest of
political parties but not the workers interest.

15. D.COLLECTIVE BARGAINING SCHEME
• Collective bargaining is a process of
negotiations between employers and a
group of employees aimed at reaching
agreements to regulate working conditions.
• It’s a group process wherein one group
representing the employers and the other
representing the employees sit together to
negotiate terms of agreement.
• The interests of the employees are
commonly presented by representatives of
a trade union to which the employees
belong.

16. • The collective agreements reached by these negotiations usually set out
wage scales, working hours, training, health and safety,
overtime, grievance mechanisms, and rights to participate in workplace or
company affairs.
• It is a bipartite process. The employers and the employees are only parties
involved in the bargaining process. There is no third party intervention.

17. Advantages of collective bargaining
• it is not merely an economic process, but more
socio economic one.
• The values , aspiration and expectation plays a
significant role
• Provides legally based bilateral relationship.
• Management’s rights are clearly spelled out.
• Employers’ and employees’ rights protected by
binding collective bargaining agreement.

18. Disadvantages of collective bargaining
• More difficult for employees at smaller campuses to have their voices heard.
• Higher management costs associated with negotiating and administering the
agreements.
• Eliminates ability of management to make unilateral changes in wages, hours, and
other terms and conditions of employment.
• Increased dependence on the private sector for certain services, particularly those
requiring technological competence, may be compromised.

19. 2. Government machinery
LABOUR ADMINISTRATION
MACHINERY (STATE AND CENTRAL
LEVEL)

20. 2.Government machinery
A. Labour administration machinery
• In india both central and state governments enact and administer labour laws.
• It is the central government that is ministry of labour and employment plays
the main role in laying down laws, making provisions and the state
government with assistance of their departments are in charge of law
enforcement.

21. • Together with the state governments, the local bodies and the statutory
corporations , it sees to the implementation of these policies and decisions of
the tripartite committees.
• These four agencies are also responsible for the enforcement of labour laws-:
1) directorate general of employment and training (DGET)
2) Office of chief labour council (CLC,CIRM)

22. 3) The Directorate general of mine safety (DGMS)
4) The Directorate general of factory advice service and labour industries.

23. 3.Statutory measures

24. Work
committee
conciliation
Voluntary
arbitration
adjudication

25. A.Work committees
• The ID Act, 1947 provides for the setting up of works committees which
consists of representatives of employers and employees.
• These work committees are the consultative bodies. their functions
includes discussion about working conditions like lighiting, ventilation,
temparature, sanitation, etc.,
• Amenities like water supply for drinking purposes, provision of canteens,
medical facilities, safe working conditions, administration of welfare funds,
educational and recreational activities and encouragements of thrift and
savings.

26. • The work committees as office bearers have , a president, a vice- president,
a secretary and a joint secretary.
• The tenure of these bodies is two years. The total strength of these bodies
should not exceed 20.
• The employees representatives have to be chosen by the employees
employed in an establishment and in consultation with registered trade
union.
• Example:- Tata iron and steel company, Hindustan lever.

27. B. Conciliation
“ the practice by which the services of a neutral third party are used in a
dispute as a means of helping the disputing parties to reduce the extent of
their differences and to arrive at an amicable settlement or agreed
solution”

28. Conciliation under the ID Act, 1941.
• The act provides for conciliation as a method for settlement of disputes.
• To achieve this the appropriate government, after notifying the Official
Gazette, can either appoint conciliation officers(permanently or for a
limited period) or constitute a board of conciliation.

29. What is conciliation?
Conciliation helps different parties to negotiate a settlement by:
• identifying issues and understanding the facts and circumstances
• discussing problems
• understanding needs of the parties
• reaching a mutually acceptable agreement

30. CONCILIATION
Conciliation board Conciliation office

31. What are the advantages of conciliation?
• Conciliation is free
• It is less time consuming than going
to court
• There is no media exposure to the
individual parties
• It is less formal as compared to court
trial
• It is voluntary

32. Process of conciliation
1. Bring the two parties together

33. 2. Listens to the case of both the parties

34. 3. Proposes a compromise or solution to the problem
which may or may not be acceptable to the parties

35. 4. Within 14 days the conciliation officer has to send a
report to the government

36. 5. The board of conciliation has to finish its work within
two months and then submit the report to the
government.

38. C. Arbitration
• Arbitration is either voluntary or
compulsory.
• Its decisions is binding on the parties.
• the arbitrator gives his judgement on the
basis of the evidence submitted to him by
the employers and the employees.
• Here the parties are forced to arbitration by
the power of state. This method of settling
dispute is used when parties fails to solve
them by the voluntary method.

39. Who is a arbitrator?

40. ADVANTAGES OF ARBITRATION
• Speedier resolution; however, there can be exceptions due to multiple
parties, arbitrators, lawyers and litigation strategy.
• Less costly; however, there can be exceptions due to multiple parties,
lawyers, arbitrators and litigation strategy.
• Exclusionary rules of evidence don’t apply; everything can come into
evidence so long as relevant and non-cumulative.
• The ability to get arbitrators who have arbitrator process expertise and
specific subject matter expertise.

41. Disadvantages Of arbitration
• There is no jury and from the claimant’s point of view that may be a
serious drawback.
• An arbitrator may make an award based upon broad principles of“justice”
and “equity” and not necessarily on rules of law or evidence.
• An arbitration award cannot be the basis of a claim for malicious
prosecution.

42. D. Adjudication
• It is a process of dispute settlement wherein the government submit the
case to a competent authority and enforces its awards on the parties.
• The procedure of adjudication involves “ compusory attendance of witness,
compulsory powers of investigation and compulsory enforcement of
awards with penalities for the breech of these awards.

43. Adjudication
Labour court Industrial tribunal
National tribunal

44. Advantages of adjudication
• Statutory right – Adjudication will apply even if the contract does not provide for it.
• Reputation – As the proceedings are conducted in private the dispute can be resolved
without being heard in open court thus protecting the reputation of the parties.
• Written reasoning – The adjudicator may provide written reasoning for his
decision.
• Speed- an impartial decision can normally be obtained with a number of weeks, whereas a
case commenced in the courts can take months or years to conclude a case.

45. Arbitration VS Adjudication
ARBITRATION ADJUDICATION
• It is a voluntary body of resolving
industrial dispute. It is resorted to
before the dispute is referred to
the labour court, industrial
tribunal and national tribunal.
• May extend over a long period if
hearing protracted; it may take
years or even year to conclude.
• It is compulsory and is ultimate
remedy for resolving disputes
provided by the ID Act 1947.
• Very much shorter than arbitration
and litigation. Adjudicator has 30
days to decide.

46. Arbitration Adjudication
• Confidentiality is Private but
may become public if there is
court intervention.
• Cost is Generally higher than
mediation and litigation because
of thoroughness and expediency.
• Confidentiality is Private for
consensual adjudication but may
become public for compulsory
adjudication as the adjudication
decision has to be enforce through
the court.
• Cost is Lower than arbitration
cost because of faster hearing.