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Trade Disputes

This document discusses trade disputes and methods for their resolution. A trade dispute is a conflict between employees and employers that can arise when parties do not follow organizational terms, have differing interpretations of conditions, or fail to implement agreements. Common actions in trade disputes are picketing, strikes, and lock-outs. These actions have defined procedures under law. Resolving trade disputes typically involves direct negotiation, conciliation, arbitration, or mediation - using increasing levels of third-party involvement.

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JAY BHAGAT
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135 views18 pages

Trade Disputes

This document discusses trade disputes and methods for their resolution. A trade dispute is a conflict between employees and employers that can arise when parties do not follow organizational terms, have differing interpretations of conditions, or fail to implement agreements. Common actions in trade disputes are picketing, strikes, and lock-outs. These actions have defined procedures under law. Resolving trade disputes typically involves direct negotiation, conciliation, arbitration, or mediation - using increasing levels of third-party involvement.

Uploaded by

JAY BHAGAT
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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TRADE DISPUTE

WHAT IS TRADE DISPUTE?


 Conflict between employees and
employer
WHY HAVING TRADE
DISPUTE?
 Either two parties not follow the term of
the organization.
 Different interpretation with term and
condition.
 No implementation
 DEAD LOCK: failed on final of
collective bargaining decision
TRADE DISPUTE ACTION

1) PICKETING

2) STRIKE

3) LOCK OUT
PICKETING

What is picketing?
 Unsatisfaction action of employees
towards the employers.
PICKETING DESCRIPTION
 It is lawful action for employees to attend
at their workplace.
 Share the Unsatisfaction to the public.
 Not have any procedure.
 Doesn’t stop their operation (done during
lunch hours)
 Done in harmonies situation.
 Related person can join the picketing
(trade union members in the
organization)
STRIKE
What is strike?
 Unsatisfaction action show towards
employers by stopping their operation.
STRIKE DESCRIPTION

Have lawful procedure:

1) Have conflict/ trade dispute


 Must do secret ballot
 Result must have support of majority in
the trade union (2:3)

 NOTE: SECRET BALLOT IS SILENT VOTING


2) Result must be send to the Director
General of IR within 14 days.

3) After get decision must do strike within


90 days.

4) During duration of strike both parties


have given 7 days of cooling period.

 NOTE: COOLING PERIOD IS TIME FOR CALM


DOWN
LOCK-OUT

What is lock-out?
 Employer’s action by closing the
workplace
LOCK-OUT DESCRIPTION

 Have lawful procedure.


 Procedure same as strike.
SETTLEMENT OF TRADE
DISPUTE
1) DIRECT NEGOTIATION
2) CONCILIATION
3) ARBITRATION
4) MEDIATION
DIRECT NEGOTIATION
 Ideal method for settling dispute:
◦ Good resolution
◦ Save time
◦ Save energy
◦ Low cost
 Both parties solve the problem
together.
 Doesn’t use third parties.
CONCILIATION
 Settlement with help of the third
parties.
 Need the related industries of third
parties.
 Director General of IR interfere to
solve the problem.
 The dispute parties are allow to
choose the decision; either agree or
disagree with the solution.
ARBITRATION

 The settlement need the interference


of third parties.
 Usually used help of Industrial Court.
 There are have two type of arbitration
settlement.
TWO TYPES OF ARBITRATION

1) Voluntary arbitration:
◦ Both parties volunteered to used
Industrial Court to solve their problems.

2) Compulsory arbitration:
◦ Compulsory need the help of Industrial
Court because they failed to come out
the solution of the problem.
MEDIATION
 Rare method of settlement.
 Settlement by using help of third party.
 Need neutral third party.
 Mediator can be from government of
non-government.
 Example of mediator/ third party:
lecturer

 NOTE: NEUTRAL PARTY IS THE MEDIATOR


WHICH UNBIASED AND TRUSTED BY BOTH
PARTIES.
THANK YOU

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