Labour Law

Adjudication is a legal process of resolving a dispute by a third party, who is appointed by the government for this purpose. Usually, it is a judge or an authorized tribunal. The third party thoroughly reviews the circumstances and the evidences to settle the dispute.

Most of the companies are aware of the fact that money is a powerful incentive to motivate and increase the morale of workers, particularly in the industrial sector. Ensuring productivity is of paramount importance in industrial development. That is why employers often make extra cash payments, other than the wages or salary to the employees, which is known as bonus. Bonus is often directly linked to performance of an employee.

The term ‘bonus’ has a magical effect on professionals, doesn’t it?  If you are a professional, it is a word that you expect to see and benefit from. This is defined as a boon or gift over and above what is nominally due as remuneration to the receiver. In the industrial context, a bonus can be defined as an incentive or extra monetary benefit given to workers other than their salary or wages.

Indian laws have always recognized the workers’ right to strike. The Supreme Court of India has invariably maintained the “right to strike” as not a fundamental right, but a legal right that workers can exercise as part of collective bargaining, wage bargaining and dispute resolution. However, several court rulings have also been in opposition to the right to strike, be it by political parties or trade unions. Here are some pertinent landmark rulings.

An industrial dispute is a clash or difference in opinion between the management and workers of a corporation or industry as a whole pertaining to the employment terms. The affairs of industrial disputes are regulated by the Industrial Dispute Act, 1947. The Act provides for various courts of inquiry, industrial tribunal and boards of conciliation.

The collective bargaining process is an alternate dispute resolution technique that is used in resolving industrial disputes (those arising between employers and employees). The dispute may range from the working conditions to working hours, wages and other benefits offered to workers. The main purpose of this process is to reach a mutual agreement regarding the issues of employment term.

A registered trade union, under the Indian Trade Union Act, is entitled to various benefits, privileges, protections, immunities and exclusive rights, compared to unregistered trade unions.

The procedure opted by employers and workers to reach a collective agreement regarding employment terms and rights and the duties of workers is known as collective bargaining. Collective bargaining aims to resolve issues pertaining to wages, working conditions, health and safety, and working hours of workers.

A trade union can be made permanent and stable only if it is registered under the Trade Union Act. A registered trade union enjoys various privileges, benefits and immunities, and therefore, most sponsors of a trade union are tempted to register it. After registration, a trade union is entitled to represent its members.

The seeds for the development of trade union in India were sown with the growth of industrialization. As the humanitarian movement came to India in the 19^th century, worker groups made several attempts to improve their working conditions. The British introduced this movement in India to divide Indian employers and employees and beat local competition.