Laws regarding Industrial Relations

Legal

The Industrial Disputes Act, 1947

This is an important law dealing with the problems of industrial disputes, closures, closures, strikes, retrenchments, retrenchments, etc. Prior to this Act, the Trade Disputes Act, 1929 resolved industrial disputes. However, there were some defects in the Act that needed to be removed with the enactment of a new law namely the Industrial Disputes Act, 1947. The Act provides a comprehensive approach to resolving industrial disputes. There are various authorities under the Act alike including Conciliation officials, Conciliation Boards, labor courts, courts and national courts. The key elements of the Act have been discussed in the following articles.

  • Industrial dispute must be referred to conciliation first.
  • The dispute can be referred to an industrial court either by the parties or by the state government. The parties submit a dispute over the agreement in relation to the same.
  • Strikes and exclusion are governed by the Act. The law sets out certain conditions where they are prohibited.
  • The law also provides for compensation to employees in the event of retrenchment or retrenchment or transfer / closure of liability.

The Trade Unions Act, 1926

Trade unions are critical to the efficiency of the sector. Together the Unions strengthen the needs of workers and make it easier for workers to negotiate with their employers. This is often referred to as ‘collective bargaining’. The Unions Act, 1926 provides for the establishment of Unions and sets out the conditions relating to the registration of these Unions and their rights and liabilities. The law does not limit the activities of unions. Unregistered unions are not governed by the provisions of the Act.

 

Aveek Banerjee

B.A.LLB. Semester 3

St. Xavier’s University, Kolkata.

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