OBJECT OF THE ACT
Provisions for investigation and settlement of industrial disputes and for certain other purposes.
POWER OF LABOUR COURT TO GIVE APPROPRIATE RELIEF
Labour Court/Industrial Tribunal can modify the punishment of dismissal or discharge of workmen and give appropriate relief including reinstatement.
Sec. 11A
PERSONS BOUND BY SETTLEMENT
- When in the course of conciliation proceedings etc., all persons working or joining subsequently.
- Otherwise than in course of settlement upon the parties to the settlement.
Sec. 18
Persons Bound By Settlement
- When in the course of conciliation proceedings etc., all persons working or joining subsequently.
- Otherwise than in course of settlement upon the parties to the settlement.
Period Of Operation Of Settlements And Awards
- A settlement for a period as a greed by the parties
- Period of six months on signing of settlement
- An award for one year after its enforcement.
Important Clarifications
- Industry: has attained wlder meaning than defined except for domestic employmant, covers from barber shops to big steel companies. Sec.2(i)
- Works Committee: joint Committee with equal number of employers and employees representatives for discussion of certain common problems. Sec. 3
- Conciliation: is an attempt by a third party in helping to settle the disputes. Sec. 4
- Adjudication: Labour Court, Industrial Tribunal or National Tribunal to hear and decide the dispute. Sec. 7, 7A & 7B
Retrenchment of Workmen Compensation and Conditions
- Workman must have worked for 240 days.
- Retrenchment compenaation @ 15 days’ wages for every completed at last drawn wages
- One month’s notice or wages in lieu thereof.
- Reasons for retrenchment
- Complying with principle of ‘last come first go’.
- Sending Form P to Labour Authorities
Prior Permission by the Government for Retrenchment
- When there are more than 100 (in UP 300 or more) workmen during preceding 12 months’ notice or wages thereto.
- Form QA
- Compensation @ 15 days’ wages.
Sec. 25-N
Conditions of service etc. to remain unchanged under certain circumstances during pen class="heading-6"dency of proceedings
- Not to alter to the prejudice of workmen concemed the condition of service.
- To seek express permission of the concemed authority by paying one month’s wages on dismissal, discharge or punish a protected workman connected with the dispute.
- To seek approval of the authority by paying one month’s wages before altering condition of service, dismissing or discharging or punishing a workman.
Sec. 33
Notice of Change
- 21 days by an employer to workmen about changing the conditions of service as provided in IV Schedule.
Recognition of Protected Workman
- One percent of the total number of workmen employed therein subject to a minimum number of five and maximum of 100 workmen.
Prohibition Of Strikes And Lock Outs
- Without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking.
- Within fourteen days of giving such notice.
- Before the expiry of the date of strike specified in any such notice as aforesaid.
- During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
- During the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months, after the conclusion of such proceedings
- During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A.
- During any period in which a settlement or award is in operation, in respect of any of the matters covers covered by the settlement or award.
Closure Of An Undertaking
- 60 days’ notice to the labour authorities for intended closure in Form QA.
- Prior permission at least 90 days before in Form O by the Government when there are 100 or more workmen during preceding 12 months (in UP 300 or more workmen)
Lay off and Payment of Compensation - Conditions for Laying off
- Failure, refusal or inability of an employer to provide work due to
- Shortage of coal, power or raw materiel.
- Shortage of coal, power or raw materiel.
- Accumulation of machinery.
- Breakdown of machinery.
- Natural calamity.
Lay off Compensation
- Payment of wagen except for Intervening weekly holiday compenaation 50% of total or basic wages and DA for a period of lay off upto maximum 45 days In a year.
Prior Permission for Lay off
- When there are more than 100 workmen during preceding 12 months
Penalties
| Penalties | Offence | Punishment |
|---|---|---|
| Sec. 25-U | Committing unfair labour practices | Imprisonment upto 6 months or with fine upto Rs. 3,000. |
| Sec. 26 | Illegal strike and lock-outs | Imprisonment upto one month or with fine upto Rs. 50 (Rs. 1000 for lock-out) or with both. |
| Sec. 27 | Instigation etc. for illegal strike or lock-outs | Imprisonment upto 6 months or with fine upto Rs. 1,000 |
| Sec. 28 | Giving finencial aid to illegal strikes and lock-outs | Imprisonment upto 6 months or with fine upto Rs. 1,000 |
| Sec. 29 | Breach of settlement or award | Imprisonment upto 6 months or with fine. On continuity of offence fine upto Rs. 200 per day. |
| Sec. 30 | Disclosing confidential information pertaining to Sec. 21 | Imprisonment upto 6 months or with fine upto Rs. 1,000 |
| Sec. 31A | Closure without 60 days’ notice under Sec. 25FFA | Imprisonment upto 6 months or with fine upto Rs. 5,000 |
| Sec. 31 | Contravention of Sec. 33 pertaining to charge of conditions of service during pendency of dispute etc. | Imprisonment upto 6 months or fine upto Rs. 1,000 |
| When no penalty is provided for contravention. | Fine upto Rs. 100. |