While adjudicating a dispute under Section 7A, the PF Commissioner is required to follow the principles of natural justice, and provide the. Wipro, in its latest statement, said that “certain employees found to be operating in circumstances that are in direct conflict with Wipro's. An Employee Provident Fund is a scheme that has been put in place for all salaried employees working in a corporate organization with 20 or more employees. FOREX BREWERY TOURS BRISBANE
They are no less than a war. In a war, casualties and sufferings are not confined to soldiers fighting on the front, so stoppage of work due to strike or any other mode resulting in stoppage of work does not affect the employees or the employers of the struck plant, but it affect the whole society or country. Though it initially starts locally, a war has every possibility to engulf the entire humanity, so, industrial disputes may and do occasionally assume proportion affecting the entire economy.
Strikes etc. It is like a big stone thrown into a pond causing ever widening waves till the entire pond is engulfed. Some of the impacts of industrial disputes are: Impact 1. Disruption in Production and Services: The industrial disputes result in huge wastage of man-days and dislocation of production work.
Consumers are subjected to untold hardships. If the struck commodity happens to be used in other production operations, then other producers also suffer. When industrial dispute results in stoppage of work, supply position of the struck commodity becomes grim and prices of that commodity shoot up.
The position becomes severe if the product is consumer goods of daily use. Impact 2. On Employers: The employers also suffer heavy losses, not only through stoppage of work, reduction in sale and loss of market due to none or short supply of the product, but also in the form of huge expenditure on crushing downs the strikes.
They have to undertake publicity and propaganda to put their view point before the public. Impact 3. On Workers: The workers are also badly affected in more than one ways. They lose their wages for the strike period. Sometimes, they lose their employment. They have to incur debts to meet their day-to-day expenses. Future prospects become dim. Disruption in family life, person hardship, mental agonies, tortures, and tensions develop and persist. The workers are prosecuted, often intimidated, even victimised or beaten mercilessly by goondas, repressed by police.
If strikes etc. Impact 4. Industrial unrest creates law and order problem, ceasing a huge additional expenditures out of public exchequer. Further, even when the disputes are settled, strife and bitterness continue to linger endangering happy social and industrial relations. Impact 5. On National Economy: The industrial disputes also affect the national economy adversely when labour and equipment in the whole or any- part of the industry are rendered idle by strike or lock-out, national dividend income suffers a lot.
It may happen in two ways on the one hand, by impoverishing the workers indulging in the stoppage of work, it lessens the demand of goods produced by other industries on the other hand, if the struck industry is such that supply goods and services to other industries, it lessens the supply of them of raw material or equipment to work.
The result is loss in production, ultimately reducing the national income. Consequently, public expenditure on welfare of public is reduced. Development activities cannot be undertaken for want of finances. In nutshell, the impact of industrial disputes is not good irrespective of the fact that succeeds—employer or employees. Each group employers, employees, consumers, society and the economy—suffers in one way or the other. So, industrial disputes should be avoided, by the interested parties, threshing out their differences through collective bargaining and voluntary arbitration.
Industrial Dispute — Measures Taken by Government for Prevention of Disputes: Payment of Bonus Act, Code of Discipline, Industrial Truce Resolution and More… Prevention is always better than cure, is the principle for the establishment of machinery for prevention of industrial disputes before they arise. Various measures have been taken by the Government for the prevention of industrial disputes.
They are as under: I Payment of Bonus Act: As payment of bonus is one of the major cause of industrial disputes, the Government of India on the recommendation of Mehar Committee, appointed to study the entire issue of bonus, enacted the Payment of Bonus Act which is applicable to workers earning wages upto Rs.
The Act is applicable to factories employing at least 20 or more workers. At present, the rate of bonus payable to industrial workers is minimum 8. Bonus Amendment Act also covers all banks and public sector undertakings not working for profits. Both parties will try to avoid direct action. The Code, inter alia, lays down that: a There shall be no strike or lock-out without giving proper notice to other party.
III Industrial Truce Resolution: A joint meeting of the central organisations of employers and employees was convened on November 3, , in the wake of Chinese aggression. The meeting adopted an Industrial Truce Resolution agreeing that there should be maximum recourse to voluntary arbitration and envisages that all complaints pertaining to dismissal, discharge, victimisation and retrenchment of individual workman, not settled mutually should be settled through arbitration.
The Truce Resolution was aimed at the total elimination of work-stoppage, improvement in production and productivity, cost reduction etc. IV Tripartite Machinery: A number of tripartite bodies have been set up for the promotion of industrial peace. The Tripartite Machinery refers to various bodies composed of representatives of employers, employees and the Government. The important tripartite bodies are the following: a The Indian Labour Conference: It is concerned with matters like promoting uniformity in labour legislations, procedures for the settlement of industrial disputes etc.
A dispute settlement machinery has been evolved under the Act. The machinery for settlement of disputes consists of several bodies which are: 1. Establishment of Works Committees: In every industrial establishment employing or more workers, it is compulsory to establish a works committee at the plant level to promote the measures for securing and preserving unity and good relations between the parties.
There are equal number of representatives of workers and employer on the committee. The main function of the works of committee is to remove causes of friction between the two parties which concern the factory life of workers. No mention of functions of works committee have been made in the Act but however in a tripartite committee of Indian Labour Conference prepared two lists of functions one for works to be dealt with and the other for works not to be dealt with by the works committees.
The works committee is to discuss such problems relating to grievances, complaints, matter of discipline, welfare problems such as health, safety, training, education and other personal problems which vitally affect the interests of the workers in general. The functions of these committees are purely of advisory character and no legal obligation is imposed upon employers to carry out the decisions arrived at in the meeting of works committee.
This body has not played any conspicuous role in the past. Grievance Settlement Authority: The Industrial Disputes Amendment Act has provided for the setting up of a Grievance Settlement Authority and for reference of certain individual disputes to such authorities. Any employer employing one hundred or more workers on anyone day in the preceding twelve months, is required to provide for a Grievance Settlement Authority for settlement of industrial dispute relating to an individual.
Where such dispute arises, the concerned worker or the trade union of which he is a member, may refer the dispute to the Authority for settlement. Any such reference shall not be referred to Board or Tribunal. Conciliation Officer: The appointment of conciliation officer is made by the Central or State Government for a particular region or industries in the state.
The main duty of these officers is to bring the two parties together and help them resolve their differences. They can do everything to settle the dispute between the two parties amicably. He is bound to take decision within 14 days or such period as extended by the State Government from the date of registration of dispute.
In India, the Maternity Benefit Act of protects the interests of employers who employ pregnant or lactating women. Maternity leave can also be taken in the event of pregnancy difficulties, such as early birth, miscarriage, or medical termination. In India, several private companies offer paternity leave to male employees, allowing them to care for their newborn kid s.
According to the new bill, all employees, both in the public and commercial sectors, should be entitled to fifteen days of paternity leave, which can be extended up to three months. The Paternity Benefit Bill, , has been introduced in parliament with the goal of providing equal paternity and maternity leave to natural and adoptive fathers, as well as people acting in loco parentis.
Gratuity Gratuity is defined by the Payment of Gratuity Act of as a retirement fund paid to an employee upon retirement, termination, resignation, or death. It is given to employees who have worked for at least five years in a row.
If the company refuses to pay the gratuity, the employee might seek legal advice from an employment lawyer. An employer is not allowed to fire an employee without providing them notice. If an employee is fired without cause and notice, the employee can speak with a labour lawyer about filing a wrongful termination of employment complaint against the employer. Protection from sexual harassment The Sexual Harassment of Women at Workplace Prevention, Prohibition, and Redressal Act of protects women in the workplace from sexual harassment.
If a business has 10 or more employees, the Act mandates the formation of an Internal Complaints Committee to handle sexual harassment complaints. This committee must be formed at all branches and units of an organization, and it should include the following members: A woman who works as a Presiding Officer at the highest level. If person accused of sexual harassment is convicted, he faces up to three years in prison, with or without a fine, under Section of the Indian Penal Code In Vishaka and others v.
Such harassment also violates Article 19 1 g of the Constitution. The recommendations provide a framework for workplace etiquette, with a focus on sexual harassment prevention. Victims must be protected, and organisations must take disciplinary action against offenders. The rights of women workers must be made known. Right of government employees When it comes to jobs, people are more interested in the government sector. The following are some of the different benefits of working for the government: Fundamental rights: Working for the government particularly protects the many essential rights guaranteed in Part 3 of the Indian Constitution from the State.
Salary: Although the monthly income may not be surprising, it is dependent on the position. However, supplementary allowances, bonuses, quarterly or variable allowances, and other benefits that government employees in India are entitled to add up to a substantial sum.
Trade unions: Unions exist in a variety of professions to advocate for the protection of rights of those employed in that field. This offers voice to those who are victims of exploitation. Reservations: There are regulations in place that reserve seats for specific social groups, which are covered by employee rights. In the government sector, benefits are available. Job stability: In the public sector, you cannot be fired as casually as you may be in the private sector.
Working hours: While private-sector workers complain about the never-ending workday, government workers are usually quite rigid about working hours. They are also compensated individually for their overtime. Importance of employee rights Employees are the backbone of any company. Employees are considered to make or break enterprises.
An employee, according to the basic textbook definition, is someone who has accepted to be engaged under a contract of service to work for a fee. Employees, on the other hand, play a far more vital role within the organisation by developing a strong and deep relationship with their employers.
Employees are required to create, administrate, organise, publicize, sell, transport, maintain, and repair when employers start a business or develop a branch of an existing business. As a result, employees are the ones that run the business. The wisest career move one will ever make is to educate oneself before, during, and after a job experience. This will benefit both management and employees because it will assist employees to understand their rights and offer them a more accurate picture of their options.
When management informs employees of these rights, they must establish an environment in which those rights are respected. It primarily protects individuals and acts as the foundation upon which all Indian legislation, including employment-related laws, is formed. The Concurrent List in the Constitution lists labour and employment legislation, indicating that the Union Parliament and state legislatures have equal authority to create laws relating to all labour and employment problems in India.
The Indian Constitution has given workers numerous rights to protect them. These rights are protected by the articles below- Article 14 of Indian Constitution The principle of equality before the law is defined in Article 14 of the Indian Constitution. Equal does not imply total equality between humans, which is physically impossible to accomplish. It is a concept that implies the absence of any special privileges in favour of any individual due to birth, creed, or other factors, as well as the equality of all individuals and classes under the law of the state.
The Supreme Court concluded in Randhir Singh v.
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