Strikes, Lockout, Prevention of Strikes

Section 2 (q) of the Industrial Disputes Act defines:

Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.

The following essential requirements for the existence of a strike:

• There must be cessation of work.
• The cessation of work must be by a body of persons employed in any industry;
• The strikers must have been acting in combination;
• The strikers must be working in any establishment which can be called industry within the meaning of Section 2(j); or
• There must be a concerted refusal; or
• Refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment;

They must stop work for some demands relating to employment, non-employment or the terms of employment or the conditions of labour of the workmen.

Types:

• Recognition Strike:

Typical strike often resulted to pressurize the employer to recognize the value of workers and deal with them.

• Economic Strike:

When the strike is due to an economic issue, like better pay, bonus, benefits, working hours, and working conditions, it is called an economic strike.

• Sympathy Strike:

When more employee union join the strike initiated by another union, to support them, it is a sympathy strike.

• Sit down Strike:

Strike in which the employees strike while remaining at their job in the factory.

• Wildcat Strike:

When the strike is unauthorized and not supported by the labour union, it is called a wild cat strike.

• Go-slow Strike:

In this form of strike, workers do not work at normal speed, which is usually regarded as misconduct, rather than strike.

• Hunger Strike:

A strike in which all or some of the workers fast, is called a hunger strike.

Lockout

Lock-Out means the employer temporarily closes down the factory or any unit of the enterprise, where numerous workers are employed, to handle the uncontrollable situation, till the issues are resolved. It is used to compel the workers to agree and resume the work as per the terms and conditions of the employers.

It may result in a huge loss to both the parties, i.e. management and workers. In fact, frequent lock-outs may lead to the permanent shut down of the factory which leads to the loss of jobs on a large scale.

Lock-Out involves partial or full temporary locking down of the workplace or halting operations or denial by the employer to continue employment, of a certain number of employees with an aim of enforcing demands or showing grievance or to support other employers. It encompasses:

• Temporary shut down of the factory or unit.
• The industry is locked out to enforce demand or terms and conditions.
• Intended to reopen the factory or unit when workers agree to work, as per the demand of the management and also to scale down the worker’s demand.

Prevention of Strikes

• Open Communication Channels:

Foster open and transparent communication between management and employees. Regularly engage in dialogue to address concerns, discuss grievances, and solicit feedback to identify and resolve issues before they escalate.

• Fair Labor Practices:

Implement fair labor practices, including competitive wages, benefits, and working conditions. Ensure that employees feel valued and respected, and that their contributions are fairly rewarded.

• Employee Engagement and Participation:

Encourage employee engagement and participation in decision-making processes that affect their work and livelihoods. Involve employees in discussions about workplace policies, practices, and changes.

• Conflict Resolution Mechanisms:

Establish effective conflict resolution mechanisms, such as grievance procedures, mediation, or arbitration, to address disputes and grievances in a timely and fair manner.

• Negotiation and Collective Bargaining:

Engage in meaningful negotiation and collective bargaining with labor unions or employee representatives to address issues and reach mutually acceptable agreements on terms and conditions of employment.

• Invest in Employee Well-Being:

Invest in programs and initiatives that support employee well-being, such as health and wellness programs, work-life balance initiatives, and professional development opportunities.

• Promote a Positive Work Culture:

Foster a positive work culture built on trust, respect, and collaboration. Recognize and reward employee contributions, promote teamwork, and celebrate achievements to boost morale and job satisfaction.

• Address Root Causes:

Identify and address the root causes of potential grievances or dissatisfaction among employees. Conduct regular assessments of workplace conditions, policies, and practices to identify areas for improvement.

• Training and Development:

Provide training and development opportunities to managers, supervisors, and employees on effective communication, conflict resolution, and negotiation skills to equip them with the tools to prevent and manage disputes.

• Compliance with Labor Laws:

Ensure compliance with labor laws and regulations governing employment practices, wages, hours, and working conditions. Stay informed about legal requirements and uphold ethical standards in all aspects of employment.