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Labor Disputes


Overview

Every establishment must follow specific labor laws to ensure the safety and well-being of employees. The regime of labor law in India revolves around employment, terms of employment, termination, safety, discipline, labor practices, and other related issues pertaining to labor in India. All the undertakings in India have to necessarily comply with some or the other specific basic labor laws which are mandated by either the Central or the State Governments. The central government has some 45 labor legislations besides the many State legislations which vary across the states and pertain to the welfare of employees, payroll administration, etc. Any non-compliance of these legislations attracts heavy penalties and in some cases termination of Licenses of the establishment to operate. 

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 workers, to promote measures for securing and preserving amity and good relations between the employer and the workmen and, to that end, endeavors to resolve any material difference of opinion in respect of such matter. The ID Act also lays down the law pertaining to Strikes, lay-offs, retrenchment. Sabkuch Legal has expert Service and Labour law  Lawyer for - 

  • Drafting and vetting of settlements related to service and labor disputes.
  • All legal advisory services in the fields of service and labor laws by expert service and labor lawyer.
  • Online drafting services for various documents related to an employment contract, termination letter, suspension letter, and all such documents.
  • For compliance services 

Reasons for Labor Dispute

Economic Causes: Economic causes are always the main bone of contention between workers/laborers and management. 

  • Wrongful termination
  • Demand for the increase in wages 
  • Demand for higher gratuity 
  • Demand for more bonus 
  • Malafide retrenchment
  • Demand for specific allowances such as house rent allowance, medical allowance, night shift allowance, conveyance allowance, etc.
  • Demand for paid holidays
  • Reduction of working hours

Political Causes: Various political parties control the Trade Union in India. Sometimes, the leadership vests in the hands of those who are more interested in achieving their political interests than laborers.

Other Causes: 

  • Wrongful dismissal of workers.
  • Lack of promotion chances or Malafide promotion or demotion.
  • Modernization and automation, which results in unemployment.
  • Anti-labor policies of the management which create frustration among the workers.
  • 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 issues mentioned above amicably.

Procedure

Procedure for labor dispute

Frequently Asked Questions

How to raise an Industrial Dispute?

A worker can raise a dispute directly before a Conciliation Officer in the case of discharge, dismissal, reduction, or any form of termination of service. In all other cases listed, the dispute has to be raised by a Union / Management. 

What are Industrial Disputes?

Industrial Dispute means any dispute or differences between employers and employers or between employers and workers or between workers and workmen which is connected with the employment or non-employment or the terms of employment or with the conditions of labor of any person. 

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 ID Act publishes the Award in the Official Gazette within 30 days from the date of receipt of the Award.

Why Choose Us

Why Choose us for labor Dispute

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