Every start-up or company must follow certain labour laws. This would ensure the safety and well-being of employees. The regime of labour law in India is Centered around employment and other related issues to labour and labour standards in India. All the undertakings in India have to necessarily comply with some of the other certain basic labour laws which are imposed by either the Central or the State Government. The central government has some 45 labour legislations besides the countless state regulations which vary across the states and pertains to the welfare of employees, payroll administration, etc. If these compliances are not sought out properly there is a likelihood of labour disputes to arise.
The Industrial Disputes Act, 1947 (the "ID Act") has been enacted for the investigation and settlement of industrial disputes in any industrial establishment. The ID Act provides for the constitution of the Works Committee, consisting of employers and workmen, to promote measures for securing and preserving amity and good relations between the employer and the workmen and, to that end, endeavours to resolve any material difference of opinion in respect of such matter. Sabkuch Legal has Service and Labour Lawyer for -
(i) Drafting and vetting of settlements related to service and labour disputes.
(i) All legal advisory services in the fields of service and labour laws by expert service and labour lawyer.
(iii) Online drafting services for various documents related to an employment contract, termination letter, suspension letter, and all such documents.
(iv) For compliance services
Reasons for Labour Disputes
Economic Causes: Economic causes are always the main bone of contention between workers/laborers and management. Demand for increase in wages
(i) Demand for higher gratuity
(i) Demand for higher bonus
(iii) Malafide retrenchment
(iv) Demand for certain allowances such as house rent allowance, medical allowance, night shift allowance, conveyance allowance, etc.
(v) Demand for paid holidays
(vi) Reduction of working hours
Political Causes: Various political parties control the Trade Union in India. And sometimes the leadership vests in the hands of persons who are more interested in achieving their political interests rather than the interests of laborers.
(i) Wrongful dismissal of workers.
(i) Lack of promotion chances or Malafide promotion or demotion.
(iii) Modernization and automation which results in unemployment.
(iv) Anti-labour policies of the management which create frustration among the workers.
(v) The non-recognition of a trade union by the employer.
Sabkuch legal has the best subject matter expert lawyers who help to resolve any of the above-mentioned issues amicably.
1. How to raise an Industrial Dispute?
A workman can raise a dispute directly before a Conciliation Officer in the case of discharge, dismissal, retrenchment, or any form of termination of service. In all other cases listed, the dispute has to be raised by a Union / Management.
2. What are Industrial Disputes?
Industrial Dispute means any dispute or differences between employers and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person.
3. What happens when the dispute is referred to Labour Court?
After the matter is referred to any of the CGIT-cum-Labour Court, the adjudication process begins. At the end of the proceedings, an Award is given by the Presiding Officer. The Ministry of Labour under Section 17 of the I.D. Act publishes the Award in the Official Gazette within a period of 30 days from the date of receipt of the Award.