Team Charcha
Resolutions Adopted by INTUC Working Committee
- Arbitration
The objectives of the Arbitration and Conciliation Act, 1996 are: To promote and facilitate the resolution of disputes through arbitration. To provide a speedy and cost-effective dispute resolution mechanism. Arbitration is most commonly used in the resolution of commercial disputes and is distinct from mediation and conciliation, both of which are common in the settlement of labour disputes between management and labour unions. It is also a technique used for settling or avoiding strikes. The maintenance of cordial and peaceful industrial relations is an important and delicate function of an organisation for attaining and maintaining high levels of production.
This aim can be achieved through arbitration to see peace and continuity remain in the industry. Good industrial relations increase the morale of the workers and motivate the workers to work more. It is not only important from the point of view of the organisation but, it is also important for the prosperity of the community in particular and nation in general. In India in particular, while arbitration has gained widespread popularity, the question of arbitrability of labour disputes is still undecided. Allowing arbitration in labour disputes in accordance with the spirit of the ID Act ensures that the benefits that arbitration provides as an alternative dispute resolution mechanism are reserved while the way it is conducted is labour-oriented. In the existing political situation there is no scope of arbitration as there is no freedom of association and curtailing collective bargaining, where the government and employers together in a concerted manner denying FOA, CB, tripartism and social dialogue, the relevance of arbitration seems remote and impractical. Workers with growing informality are not in a position to accept the tic-tacs of the employers and government, trade unions unitedly are fighting for repealing the 4 labour codes .
Trade unions need to incorporate issues that matter to the workers of today and tomorrow into social dialogue and their broader agendas. They need to upgrade their ability to think critically and strategically, to anticipate change, and to try new things. Arbitration for early grievance settlement The labour market flexibility is very high and employment has concentrated more in the informal economy. There is little collective bargaining in the informal economy as many of them are still not unionised. There are many cases of unfair labour practices and the informal sector workers are normally away from any coverage of existing labour laws. Even if collective bargaining procedure is there in the industry, the labour laws enforcement mechanisms is very poor and the workers and unions mainly depending on labour courts or on industrial tribunal which takes long years for its ruling. There was a good practice of Arbitration for timely decision.
Arbitration is the most traditional form of private dispute resolution which is a binding procedure. In the case voluntary arbitration, either the state or central government appoints a Board of Arbitrators, which consists of a representative from the trade union and representative from the employer. In case of compulsory arbitration, both parties submit the disputes to a mutually agreed third party for arbitration which is typically a government officer and in that case the arbitrator makes recommendations to the parties without their consent, and both parties must accept the conditions recommended by the arbitrator. The 313th meeting of the Working Committee of INTUC Notes the workers’ issues seriously and Resolves to take up the same before the Government of India immediately once the new government assumes the charge.
Source: The Indian Worker
