These remedies include cease-and-desist orders issued by the board or compensation for damages through the grievance arbitration process in the collective agreement. When a legal strike or lockout is in progress, the Code allows employees to picket. The purpose of picketing is to exert pressure on the employer by persuading other people not to do work for, or do business with, the employer.
Note also that in , the Code definition of picketing was amended to specifically exclude lawful consumer leafleting from being considered picketing so long as, effectively, it does not interfere with access to a business or prevent employees from getting to and from work. Other operations of the employer may not normally be picketed. For example, if you operate your business at more than one location, your striking or locked-out employees are only permitted to picket the location for which their union is certified and at which they perform their work for you.
They are prohibited from picketing your other locations if they do not normally perform work at those locations. A lock-out takes place in response to a strike or to force the employees to accept a demand of the employer.
The demand must relate to disputes of mutual interest. The demand of the employer can be, for example, to force the employees to accept changes to their terms and conditions of employment.
When the employees and employer fail to resolve a dispute in the workplace, they have to follow a lawful procedure before they can strike or lock-out. Employees may not be dismissed for participating in a protected strike. Employees may be dismissed for causing damage to the property of their employer, or another person at the workplace, during the strike.
Employees may be retrenched for operational reasons as a result of the strike. Employees may be arrested and prosecuted for committing a criminal offence during a strike. Ltd Vs. The Supreme Court held that if the employees do not stay away from work in pursuance of common intention, it will be not recognized as Strike. In the case of All India Bank Employees Association VS National industrial tribunal , it was held by the Court that the right to go on strike is not included in the ambit of freedom of speech and expression which is given under article 19 1 A of the Constitution of India.
The SC delivers the strict decision that the Government employees have no legal, fundamental, or equitable right to go on strike even for the just cause. There are various types of strikes. All the strikes are differing in their mode of action but all the strikes aim to enforce their demands from the employer. The general strike is also known as a legal strike. In the general strike, the workmen give prior notice to the employer with their demands that they wanted to enforce.
If the management of the industry fails to fulfil the demand within the given time in the notice, the workers launch the strike after the expiry of the notice. In the sit-down strike, all the employees come on time in the industry normally, take their position in the area which they regularly work, they simply sit there without doing any kind of work. The object of this strike is to cripple the production of the industry. The pen down and sit down strikes are almost the same.
The pen-down strike takes place among people with white-collar jobs or the employees who work in the offices. It was held in the court that a pen down stoppage of the work was a strike within section 2 q of the industrial dispute act, In this strike the workmen come to the industry daily, they do the work also, but the speed of the work will as much slow that they are doing nothing productive. The production of the industry will become almost zero even after the working of the workmen.
Lockout is the cessation of work by the body of persons employed in an industry. Share to Twitter Share to Facebook. Labels: Labor Law , Labour Law. Unknown 5 December at Unknown 13 December at Dipankar Dutta 26 September at Muhammad Rafey 4 June at Anus Worker 25 February at Unknown 19 September at Subscribe to: Post Comments Atom. See Also.. B Every agreement is a contract.
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