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Welcome to the session of-

* Industrial Disputes
* Causes of industrial Disputes
* Strike
* Types of strike
* Settlement of industrial disputes

Presented by
Dr. Md. Rabiul Islam
Professor, ISWR, D.U
Industrial Disputes
Industrial disputes is a disagreement
between workers and management over
pay, working conditions, hours of work,
etc., especially one that includes strikes.
Industrial disputes are conflicts, disorder
or unrest arising between workers and
employers on any ground. Such
disputes finally result in strikes, lockouts
and mass refusal of employees to work
in the organization until the dispute is
resolved.
As per Patterson, “Industrial strife
constituent militant and organized
protest against existing industrial
conditions, they are symptoms of
industrial unrest in the same way that
boils are symptoms of disorder of
body.”
According to Bangladesh Labor Law,
2006, “No industrial dispute shall be
deemed to exist, unless it is raised by an
employer or by a collective bargaining
agent in accordance with the provisions of
this Chapter.” (Chapter XIV)
Pre-condition of Industrial Disputes
1. Industrial disputes may created
between employer and employer,
between employer and employee or
between worker and worker.
2. Industrial disputes will must be related
to working conditions, working
environment, wages etc.
3. Existence of relationship will be
sustained between employer and
employee and the workers will be
employed.
4. Demand will be raised by workers or
trade union and this demand will be
avoided by employee.
5. Demand will be raised in continuing or
existing industries.
Causes of industrial Disputes
Social, economic, psychological, management
and political causes influence the industrial
dispute.
The causes of industrial disputes can be
broadly classified into two categories:
economic and non-economic causes.
The economic causes will include issues
relating to compensation like wages, bonus,
allowances, and conditions for work, working
hours, leave and holidays without pay, unjust
layoffs and retrenchments.
The non economic factors will include
victimization of workers, ill treatment by
staff members, sympathetic strikes,
political factors, indiscipline etc.
According to Marxian Approach, industrial
dispute is inevitable in industrial settings.
In class division society, conflict is inevitable
between two classes with Bureaucrats class
and proletariat class.
By bourgeoisie is meant the class of modern
capitalists, owners of the means of production
and employers of wage labor.
By proletariat, the class of modern
wage laborers who having no means
of production of their own. They sell
their labor power in order to live.
Marx is regarded the industrial
relations as dynamics conflicting
situation.
The main causes of industrial dispute
is the theory of value of surplus.
1. Natural value
2. Exchange value
3. Value of surplus

The evolution of society:


Primitive communism--- Feudalism---
Agriculture-----Capitalism---Class
war----Dictatorship of the proletariat---
Socialism---Classless society.
1. Wages and allowances: Since the cost
of living index is increasing, workers
generally bargain for higher wages to meet
the rising cost of living index and to
increase their standards of living.
2. Personnel and retrenchment: The
personnel and retrenchment have also been
an important factor which accounted for
disputes.

3. Indiscipline and violence: It is evident


that majority number of disputes caused by
indiscipline.
4. Bonus: Bonus has always been an
important factor in industrial disputes.

5. Leave and working hours: Leaves and


working hours are one of the most powerful
causes of industrial disputes.
6. Labor Exploitation
7. Overtime
8. Treatment facilities
9. Social benefit
10. Recognition of trade union
11. Discrimination in workers policy
12. Breaching the agreement
13. Unskilled leadership
14. Political causes
15. Psychological causes
16. Miscellaneous: The miscellaneous
factors include:
- Inter/Intra Union Rivalry
- Charter of Demands
- Work Load
- Standing orders/rules/service
conditions/safety measures
Strike
A strike is a very powerful weapon used by
trade unions and other labor associations
to get their demands accepted. It generally
involves quitting of work by a group of
workers for the purpose of bringing the
pressure on their employer so that their
demands get accepted. When workers
collectively cease to work in a particular
industry, they are said to be on strike.
Causes of strikes
Strikes can occur because of the following
reasons:
1. Dissatisfaction with company policy
2. Salary and incentive problems
3. Increment not up to the mark
4. Wrongful discharge or dismissal of
workmen
5. Withdrawal of any concession or
privilege
6. Hours of work and rest intervals
7. Leaves with wages and holidays
8. Bonus, profit sharing, Provident fund and
gratuity
9. Retrenchment of workmen and closure of
establishment
10. Dispute connected with minimum wages
 
Forms or Types of Strike or Dispute
Economic Strike: Under this type of
strike, labors stop their work to enforce
their economic demands such as wages
and bonus.
Sympathetic Strike: When workers of
one unit or industry go on strike in
sympathy with workers of another unit or
industry who are already on strike, it is
called a sympathetic strike.
General Strike: It means a strike by
members of all or most of the unions in a
region or an industry. It may be a strike of
all the workers in a particular region of
industry to force demands common to all
the workers.
Sit down Strike: Workers show up to their
place of employment, but they refuse to
work. They also refuse to leave, which
makes it very difficult for employer to defy
the union and take the workers' places.
Slow Down Strike: Employees remain
on their jobs under this type of strike.
They do not stop work, but restrict the
rate of output in an organized manner.
They adopt go-slow tactics to put
pressure on the employers.
Sick-out (or sick-in): In this strike, all or
a significant number of union members
call in sick on the same day.
Token Strike: Removal of work for time
being.
Lock out:
Picketing: Do not participate in
production.
Gherao:
210. Settlement of industrial disputes:
(1) If, at any time an employer or a
collective bargaining agent finds that an
industrial dispute is likely to arise between
the employer and workers or any of the
workers, the employer, or the collective
bargaining agent shall communicate his or
its views in writing to the other party.
(2) Within fifteen days of the receipt of a
communication under sub-section (1), the
party shall arrange a meeting for collective
bargaining on the issue with a view to reach
an agreement and such meeting may be
held with the representatives of the parties
authorized in this behalf.
(3) If the parties reach a settlement on the
issues discussed, a memorandum of
settlement shall be recorded in writing and
signed by both the parties and a copy
thereof shall be forwarded by the employer
to the Government, the Director of Labor
and the Conciliator.
(4)If-
(a) the party receiving a communication under sub-
section (1) fails to arrange a meeting with the other
party for collective bargaining within the time
specified or
(b) no settlement is reached through dialogue within
a period of one month from the date of the first
meeting for negotiation, or, such further period as
may be agreed upon in writing by the parties may,
within fifteen days may report to the conciliator and
request him in writing to conciliate in the dispute and
the conciliator shall, within ten days of receipt of such
request, proceed to conciliate in the dispute.
(5) The Government shall, for the
purposes of this chapter, by notification in
the official Gazette, appoint conciliators
for such specific area or any industrial
establishment or industry.
(6) The conciliator, upon receipt of the
request as aforesaid, shall start conciliation
and shall call a meeting of the parties to
bring about a settlement.
(7) If any settlement of the dispute is arrived at in
the course of the proceedings before him, the
conciliator shall send a report thereof to the
Government together with a memorandum of
settlement signed by the parties to the dispute.

(9) If no settlement is arrived at within the period of


thirty days of receipt of request under subsection
(4) by the conciliator, the conciliation proceedings
shall fail or the conciliation may be continued for
such further period as may be agreed upon in
writing by the parties.
(10) If the conciliation proceeding fails, the
conciliator shall try to persuade the parties
to agree to refer the dispute to an
Arbitrator.

(11) If the parties do not agree to refer the


dispute to an Arbitrator, the conciliator
shall, within three days of failure of the
conciliation proceedings, issue a certificate
to the parties to the dispute to the effect
that such proceedings have failed.
(12) If the parties agree to refer the dispute
to an arbitrator, they shall make a joint
request in writing for reference of the
dispute to an arbitrator agreed upon by
them.

(13) The arbitrator, to whom a dispute is


referred under sub-section (12), may be a
person borne on a panel to be maintained
by the Government or any other person
agreed upon by the parties.
 (14) The Arbitrator shall give award within a
period of thirty days from the date on which the
dispute is referred to him or such further period
as may be agreed upon in writing by the parties
to the dispute.

(15) After he has made an award, the arbitrator


shall forward a copy thereof to the parties and to
the Government.
(16) The Director of Labor may, at any time,
take over any conciliation proceedings
pending before any conciliator and proceed
to conciliate in the dispute himself or transfer
such proceedings to any other conciliator.
Thank You All