PREVENTION
AND SETTLEMENT OF INDUSTRIAL DISPUTES:
Machinery for prevention of disputes in India: The
frequency with which the strikes took place and the serious industrial and
social dislocation which they cause has underlined the importance of preserving
industrial peace. The methods for prevention of industrial disputes include
broadly all such measures which directly or indirectly contribute towards
improvement of Industrial relations. The prevention methods, therefore cover
the entire field of relations between industry and labour which are described
below:
(1) Strong
Trade Union
(2) Profit
Sharing and Co-partnership
(3) Joint
Consultation
(4) Industrial
Employment Standing Orders
(5) Code of
Discipline
(6)
Collective Bargaining
(7) Works
Committees
(8) Workers
Participation in Management
(9)
Tripartite Bodies/ Machinery
(10) Labour Welfare
Officer
(11 ) Wage
Board
1. Strong
Trade Union: A strong trade union responsible to the welfare of
workers must work to protect and promote the interests of workers and the
condition of their employment. It must provide advice and information to
management on personnel policies and practices. Unions also impress upon
workers the need to exercise restraint in the use of their rights. Unions
assist employers in maintaining discipline and in increasing productivity. Unions
should act as a link between employers and workers so as to develop mutual
understanding and co-operation between the two sides.
2.
Profit Sharing and Co-partnership: (a) Profit-Sharing: This method helps for
maintenance of good industrial relations. Profit sharing means that the
employer gives to the workers a portion of profit of the business, in addition
to wages. It is usually based on an agreement between the employer and the
workers.
(b)
Co-partnership: Co-partnership has come to be applied to schemes
which include a system of profit sharing as well as control in the management. It
is necessary that in order to acquire control of business, the workers may
other acquire share-capital gaining thereby the rights and responsibility of
share-holders or may form a co-partnership committee having a voice in internal
management of the business. So far as India is concerned, acquiring of share
capital or joining in a co-partnership committee by workers seems difficult
because of their law earnings and backward in education. Therefore, in the
context of Indian conditions, it is proper to lay emphasis on workers
participation in management.
(3) Joint consultation: The
industrial democracy necessitates joint consultation in industry between
employer and workers to eliminate most of the problems faced by them. Joint
consultation involves a regular and continuous relationship between workers and
management, and therefore, pre-supposes the willing acceptance by management of
the participation of workers representatives in discussing Common problems of
interest to the enterprise. Thus, there is tremendous scope of reducing
industrial tension and improving productivity through joint consultation in
industry.
The functions of Joint Consultative
Machinery in India have been the prevention of disputes, reduction in mutual
differences and friction, and creation of a proper work climate in industry.
4. Industrial Employment Standing Orders: This is another
constructive step towards the prevention of industrial disputes which determine
the terms and conditions of industrial employment. Every worker should have the
knowledge about the terms and conditions in which he has been employed. He is
also expected to know the rules of discipline that is supposed to be followed
by him. This problem is solved by 'Standing Orders' in which terms and
conditions for employers and employees are prescribed.
5. Code of Discipline: The Indian Labour Conference at its 15th
Session in 1957 evolved a 'Code of Industrial Discipline'. The Code voluntarily
binds the employers and workers to settle all grievances and disputes by mutual
negotiations, conciliation and voluntary arbitration.
6.
Collective Bargaining: It is a form of joint consultation, and a process
in which the representative of the employer and of the employees meets and
attempts to negotiate a contract governing the employer-employees union
relationship. It involves discussion and negotiation between the two groups as
to the terms and conditions of employment. The main object of collective
bargaining is to protect the interests of workers through collective action and
by preventing unilateral action on the part of the employer. It promotes
industrial democracy.
7.
Works committees: Works committees are the most suitable
agency for prevention of industrial disputes. In most of the countries like
India, works committees are required to the established through legislation.
The duties of the Works Committee are to promote measures for securing
and preserving amity and good relations between the employer and workmen and to
comment upon matters of their interest, and to endeavor to compose any material
difference of opinion in respect of such matters.
8. Workers participation in management: These councils aim at enabling the workers
to participate in management, help them to understand the problems and
difficulties of the industry concerned and bring about better relationship
between the management and labour.
9.
Tripartite Bodies/Machinery: Several tripartite bodies have been
constituted at Central and State levels. The Indian Labour Conference, Standing
Labour Committees, Wage Bounds and Industrial Committees operate at the Centre.
At the State Level, State Labour Advisory Bounds have been set up. All these
bodies play important role in reaching at agreements on various labour matters.
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