Code of Discipline | Industrial Relationship.
The Code of Discipline defines duties and responsibilities of employers and workers. The objectives of the code are:
- To ensure that employers and employees recognize each other’s right and obligations.
- To promote constructive co-operation between the parties concerned at all levels.
- To secure settlement of disputes and grievances by negotiation, conciliation and voluntary arbitration.
- To eliminate all forms of coercion, intimidation and violence in IR (Industrial Relationship).
- To avoid work stoppages.
- To facilitate the free growth of trade unions.
- To maintain discipline in industry.
The third five year plan document notes that the code lays down specific obligations for the management and the worker with the objective of promoting constructive co-operation between their representatives at all levels, avoiding stoppages as well as litigation, securing settlement of grievances by mutual negotiation, conciliation and voluntary arbitration, facilitation the growth of trade unions and eliminating all forms of coercion and violence in IR.
Code of Discipline in Industry as Evolved by the Ministry of Labour and Employment: The code does not have any legal sanction > but the following moral sanctions are behind it :
Ø To maintain discipline in industry: (Both in Public and Private Sectors):
There has to be:
- A just recognition by employers and workers of the rights and responsibilities of either party, as defined by the laws and agreements(including bipartite and tripartite agreement arrived at all levels from time to time.
- A proper and willing discharge by either party of Its obligations consequent on such recognition.
Ø To ensure better discipline in industry:
- That no unilateral action should be taken in connection with any industry matter and that disputes should be settled at appropriate level.
- That the existing machinery for settlement of should be utilized with the utmost expedition.
- That there should be no strike or lockout without notice.
- That they will establish, upon a mutually agreed basis; a grievance procedure which will ensure a speedy and full investigation leading to settlement.
- That they will abide by various stages in the grievance procedure and take up no arbitrary action which would by-pass this procedure.
- That they will educate the management personnel and workers regarding their obligations to each other.
Ø Management agrees:
- Not to increase work-loads unless agreed upon or settled otherwise.
Not to support or encourage any unfair labour practice such as :
- Interference with the right of employees to enroll or continue as union members.
- Discrimination restraint against any employee because of recognized activity of trade unions
- Victimization of any employee and abuse of authority in any form.
ii. To take prompt action for a. settlement of grievance
- Implementation of settlements, awards, decisions and orders.
iii. To display in conspicuous places I the undertaking the provisions of this code in the local language.
iv. To recognize the union in accordance with the criteria th evolved at the 16th session of the Indian Labour Conference held in May 1958.
Ø Unions agree:
i. Not to engage in any form of physical duress.
ii. Not to permit demonstrations which are not peaceful and not permit rowdyism in demonstration.
iii. To take prompt action to implement awards, agreements, settlements and decisions
iv. To express disapproval and to take appropriate action against office-bearers and members for indulging in action against the spirit of this code.
- The central employers and workers organization shall take the following steps against their constituent units when they are guilty of breach of the code:
- To ask the unit to explain the infringement of any provision of the code.
- To give notice to the unit to set right infringement within a specific period.
- To dissatisfaction the unit from its membership in case of violation of the code.
- Not to give countenance in any manner, to non-members who do not observe the code.
- Grave willful and persistent breaches of the code by any party should be widely publicized
- Failure to observe the code would entail de-recognition normally for a period of one year. This may be increased or decreased by the concerned implementing committee.