Industrial Relations

Applicable on

Whole country and persons employed in establishments adn industries.

Not applicable on

Police and defense services

Installation concerned with armed forces

Security printing company

Administration of state

Members of security, or refineries etc.

(Any gov. employees)

Objectives

Amend the law related to consolidation of state so workmen do not go on strikes if there is any decision made against them.

Regulate relation between employees and workmen, as company works in favour of it’s employees.

Settlements of disputes between employees and workmen

Why?

Top management began making workers do unlawful work, making unlawful decision without the concern of it’s employees so industrial relation act was introduced.

Arbitrator

Is the person appointed by mutual consensus to settle any disputes submitted to him, such as HR manager.

Award

Means the determination of any industrial dispute or any matter relating thereto by the labour court, arbitrator etc.

Award is a decision in writing on all matters referred to arbitration.

Settlement

A settlement arrived at a course of conciliation proceedings or an Agreement arrived at an otherwise than conciliation proceedings in writing after the conciliation proceedings, signed by both parties.

It is based on mutual consent and compromise between the two parties.

Parties to settlement

1. between employer and CBA

2. between employer and workmen

Copies of settlement

1. To PG

2. To Concilliator

3. Other prescribed person

Association

Any organization of employers formed primarily for furthering and defending the interests and rights of employers.

Board of Conciliators

If there is a dispute between more than one establishment, a BoC is appointed by the provincial government to settle such disputes.

Collective Bargaining Agent

Means the registered trade union of workmen which is the agent of workmen in the establishment, group of establishments or industry in a matter of collective bargain.

Collective Bargaining Unit

Workers of the establishment or group of establishments belonging to the same class of industry whose terms and conditions are the subject of collective bargain.

Establishment

means any of the following places where workmen are employed:

office, firm, factory, society, shop, company, enterprise, undertaking etc.

COUSSpeff

Industrial Dispute

Means dispute or differences between

1. Employer or workers

2. Workmen and workmen,
   in the same industry.

Example; a dispute of work overload, or low wages.

Worker

Who is not an employer or any administrative capacity.

Who is employed in an establishment or industry for reward, either directly or through a contractor.

Lock out

1. Closing of a place of employment or part of it

2. Suspension of work, wholly or partially, by an employer

3. Refusal of employer to continue to employ a number of workers employed by him

Strike

Refusal of a number of employees to continue to work or to accept employment or refusal under a common understanding of any number of employees to cease their work.

Trade Union

Any combination of workers formed primarily to further and defend the rights of workers.

Or an industry-wide federation of two or more collective bargaining agent unions.

Or a federation at national level of two or more collective bargaining units.

Office bearer

Any member of the executive of the trade union in an establishment.

Requirements of TU

1. Minimum number of members declared by law

2. Registered by Authority

3. Written constitution

4. Office bearer

5. Democratic elections

Power of TU

1. Act as collective bargaining agent

2. Protection of rights

3. Sign agreements

4. Raise industrial disputes

5. Notify and declare a strike

6. Appoint and auditor to audit statements

CBA vs. Ordinary Trade Union

1. Status

2. Quantity

3. Bargaining Power

4. Strike

Status

TU is a basic registered association of workers.

CBA is the legally certified majority union.

Quantity

Multiple unions can exist simultaneously. BUT

Only one CBA can exist per establishment.

Bargaining Power

TU cannot bargain or execute binding settlements. BUT

CBA holds the exclusive right to bargain and sign settlements.

Strike

TU cannot legally serve a notice of strike. BUT

CBA possesses the sole authority to declare a strike.

Illegal activities of employer

1. Interference in TU matter

2. Discrimination against TU members

3. Termination of employment of TU members

4. Coercing members to leave/not join TU

5. Hiring workers to break strike