Industrial Relations

By Khizar Baloch
 Topics

 What is IR?
 Where it is applicable?
 Who is employer?
 What is Industrial Dispute?
 What's Lock out?
 What's Strike?

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 Topics

 Trade Unions
 Registrations & its requirements
 Courts
 Lay off
 Disqualifications
 Registrar

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 Topics

 Unfair Labor Practices on part of Employer

 Unfair Labor Practices on part of Workman
 CBA
 Industrial Dispute Resolution with Time Frame

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 Industrial Relations

Relationship between employer &

workman & the avoidance & settlement of
any difference arising between them in
ancillary matters is called industrial
relation

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 Applicable

 Shall be applicable to all less:

 Police & Armed forces
 Railway
 Security staff of PIA
 Pakistan Security Printing Corporation
 Services like hospitals
 Firefighters
 Establishment providing education or emergency
services like ERA etc

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 Employer

 Is one who employs workmen in

establishment under employment contract
which includes:
 Who heir successor or any one else
 Any person responsible for management, supervision & control ie
MANAGER
 Run the department ie HOD
 In relation to establishment run organization ie CEO
 Proprietor & every Director, Secretary or any person concerned with
Management Affairs

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 Establishment

 Means any:
 Office
 Firm
 Factory
 Society
 Company
 Shop
 Premises or enterprise which employs workmen directly or through
contractor for the purpose of carrying out business means
ESTABLISHMENT

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 Industrial Dispute

 Dispute or difference between employers &

employers, between employers & workmen or
between workmen & workmen which concerned
with:
 Employment
 Terms of employment
 Condition of work
 Rights guaranteed to him under law or
 Settlement of any issue related to employment

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 Lockout

 Means closing of place of employment

 Suspension of wholly or partially work
 Refusal for work by employer in relation to Industrial
Dispute

Compelling employees to accept certain terms &

conditions affecting employment

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 Strike

 Means cession of work by a body of person employed in

establishment
 Concerted refusal by workmen under common
understanding

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 Worker or workman

 Means person not falling within the definition of employer

WHO is employed in an establishment or industry for
reward.
 A workman is employed against permanent vacancy
 Initial 3 months probationary period as per law
 If a person completes 183 days in an establishment in one
calendar year without interval he is considered permanent
employee.

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 Trade Union

 Means any combination of workmen or employer formed

primarily for the purpose of regulating relationship between
workmen & employers, or workmen & workmen or
employers & employers at workplace

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 Application for Registration

 Trade union under the signature of its

president & secretary apply for the
registration of trade unions

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 Requirements for Application

 Application submitted to Registrar with following

 Name of trade union & its head office
 Date of formation of trade union
 Title, names, ages address of the occupation of the office
bearer of trade union
 Statement of total paid membership
 Name of the establishment to whom trade union belongs
along with total workers employed there

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 Requirements for Application

 Application submitted to Registrar with following

 Name & address of trade unions in the establishment or
group of establishment to which trade union belongs
 In case of federation of trade unions name, address &
registration number of it
 In case of confederation of trade unions name, address &
registration of it

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 Lay off
 Temporary termination of workmen which
may last for few month and can be extended
for a year
 14 days with full pay
 Next 14 days half pay
 Than they can be fired
 Owner can lay off 50% of employees and rest 50% can
be laid off through labor court
 Lay off due to stoppage, floods, non availability of spares
& stoppage due to some natural disaster

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 Disqualification for being office bearer of
trade union

 A person who has been convicted on the charge of

heinous crime under Pakistan penal code shall be
disqualified from office bearer or elected of trade
union

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 Registered Trade Unions to Maintain Register

 Which may contain:

 Subscription paid by each member
 Account book showing receipt & expenditure
 Minute book for recording of proceedings of meeting

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 Registration of Trade Union

 If Registrar is satisfied that trade union has

complied with all the requirements as per act, shall
register trade union within 15 days on receipt of
application
 In case if certain formalities are missing he will
return within 15 days of receipt of application
 Now trade unions shall reply within 15 days on
receipt of application

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 Registration of Trade Union

 Registrar will register within 15 days

 In case further delay Registrar will register
provisionally
 In case registrar is not satisfied he will reject that
application
 Subsequently trade union will go to labor court

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 Cancellation of Registration

 Registered against SIRA

 Against their constitution
 If a person disqualified & still elected office bearer
 Registrar will cancel registration in writing after
holding inquiry
 They can make an appeal within 30 days on receipt
of cancellation letter in the labor court

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 Registrar

 Under SIRA Government notify official Gazette

appropriate person
 More than one Registrar can be appointed if
deemed necessary
 Powers and functions will be notified for each

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 Industrial Dispute Settlement with Timeframe

 Management 07 Days
 Conciliator 14 Days
 Arbitration 30 Days
 Strike/Lockout or
 Labor Court 30 Days

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 Courts
 Federal
 Labor court
 Federal tribunal
 Supreme court
 Provincial
 Provincial labor court
 Tribunal
 High court
 Supreme court

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 Unfair Labor Practices on part of employer

 No employer or trade union of employers & no

person acting on behalf of either shall:
 Force to choose trade union of their choice
 Refuse to employ not member of union or office bearer
 Discrimination as regards to employment, promotion
working condition etc
 Threats of removing from job etc
 Induce some person to refrain from becoming member of
office bearer

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 Unfair Labor Practices on part of employer

 No employer or trade union of employers & no

person acting on behalf of either shall:
 Compel office bearer to arrive at settlement through
intimidation
 Interference in any way influence the balloting
 Recruiting the new workers during the period of notice
 Lock out

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 Unfair Labor Practices on part of Workmen

 Working Hours
 Threat
 Inducement
 Compel
 Instigate
 Go slow to slow down output, compromising on
quality, mechanical breakages
 Waste of raw material

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 Collective Bargaining Agent (CBA)

 1/3 members if only one registered trade union

 Registrar will certify that trade union as CBA
 1/5 members if more than one trade union will
request for election
 Within 15 days elections will be held
 Office bearers will be elected for 2 years
 Only those workers will vote who have more than 3
months service

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 Collective Bargaining Agent (CBA)

 Registrar may in case large establishment with

more than one locations will hold secret ballot
within 30 days
 For seasonal factories elections will be held when
maximum workmen are available
 If equal or less than 1/3 than again voting
 If still not greater than 1/3 than runoff

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