LEGAL ASPECTSLEGAL ASPECTSOFOF

DISPUTE ADMINISTRATIONDISPUTE ADMINISTRATION

DISPUTE DEMONSTRATION – LEGAL ASPECTSDISPUTE DEMONSTRATION – LEGAL ASPECTS

• Labor Code 2006 has authorized Strike and Lockout

• Condition:

Notice of strike/ lockoutNotice of strike/ lockout

Arbitrator

Dialogue

Conciliator

DISPUTE DEMONSTRATION – LEGAL ASPECTSDISPUTE DEMONSTRATION – LEGAL ASPECTS

► No CBA shall serve notice of strike unless three fourth of its member have given their consent in a secret ballot.

► If a strike or lock out lasts for more than 30 days, the govt. may prohibit the strike or lockout.

► Once a strike or lockout commences, any party shall apply to the Labor Court for adjudication of the dispute. Within 60 days, the Labor Court shall award verdict. The court may also make an interim award on the dispute.

► If a factory is newly built or owned by foreigners or built with foreign aid, strike or lockout in such factories are prohibited for 03 years from the time it goes into production.

DISPUTE ADMINISTRATIONDISPUTE ADMINISTRATION

Legal Methods

■ In an imminent dispute, the employer or the CBA shall communicate its views in writing ■ Dialogue within 15 days ■ If settled _ a memorandum shall be signed & copy to be forwarded to the Director of Labor and Conciliator■ If no dialogue/ settlement within the time, the case shall be forwarded to conciliator■ Conciliator shall call a meeting within 10 days ■ If settled, report shall be sent to Govt. ■ If fails within 30 days, case shall be sent to arbitrator if both party agrees. OR■ Give a certificate of failure within 03 days

DISPUTE ADMINISTRATIONDISPUTE ADMINISTRATION

Legal Methods

■ If the case is sent to an Arbitrator, award shall be given within 30 days.

■ Arbitrator’s award is not appeal able.

■ Award shall remain valid for not exceeding two years

■ In all cases, time may be extended with the consent of both parties

■ The agreement terms and conditions are obligatory for the employers and workers

DISPUTE RESOLUTION – 03 RoutesDISPUTE RESOLUTION – 03 Routes

Negotiation

Conciliation

Arbitration

Non-Judicial

Labour Court

Appellate Tribunal

High Court Div

Appellate Div

Judicial Mechanism