CODE FOR DISCIPLINE IN INDUSTRY
1. To Maintain Dicipline i Industry (both Public and Private
sector)There has to be (i) a just recognition by employers and
workers of the rights and responsibilities of either party, as defined by
the law and agreements (including bipatite and tripartite agreements arrived
at all levels form time to time) and (ii) a proper and willing discharge by
either party of its obligations consequent on such recognition.The Central and State governments, on their part, will arrange to examine and set right any shortcomings in the machinery they constitute for the administration of labour laws to ensure better discipline in industry.
2. Management and Union (s) Agree:
(i) that no unilateral action should be taken in connection with any industrial matter and that disputes should be settled at appropriate level
(ii) that the existing machinery for settlement of disputes should be utilised with the utmost expediency;
(iii) that there should be no strike or lock-out without notice;
(iv) that affirming their faith in democratic principles, they bind themselves to settle all future differences , dispute and grivances by mutual negotiation, conciliation and voluntary arbitration; (v) that neither party will have recourse to (a) coercion, (b) intimidation, (c) victimisation, or (d) go-slow;
(vi) that they will avoid (a) litigation, (b) sit-down and stay-in strikes and (c) lockout.
(vii) that they will promote constructive co-operative between their representative at all levels and as between workers themselves and abide by the spririt of agreements mutually entered into:
(viii) that they will establish, upon a mutually agreed basis, a grievance procedure which will ensure a speedy and full investigation leading to settlement;
(ix) that they will abide by various stages in the geievance procedure and take no arbitrary action which would bypass this procedure &
(x) that they will educate the management personnel and workers regarding their obligation to each other.
3. Management (s) Agree:
(i) not to increase work-loads unless agreed upon or settled otherwise:
(ii) not to support or encourage any unfair labour practice such as (a) interference with the right of employees to enroll or continue as union member, (b) discrimination, restraint or coercion against any employee because of recognised activity of trade unions and (c) victimisation of any employee and abuse authority in any from;
(iii) to take promote action for (a) settlement of grievances and (b) implementation of settlements, awards, decisions and orders;
(iv) to display in conspicuous places in the undertakings the provisions of this Code in the Local language (s);
(v) to distinguish between actions Justifying immediate discharge and those where discharge must be preceded by a warning, reprimand, suspension or some other form of disciplinary action and to arrange that all such disciplinary action should be subject to an appeal through normal grievance procedure:
(vi) to take appropriate disciplinary action against its officers and members in cases where enquires reveal that
they were responsible for precipitate action by workers leading indiscipline; and (vii) to recognise the union in accordance with the criteria given hereafter, evolved at the 16th session of the Indian Labour Conference held in May, 1958.
4. Union (s) Agree:
(i) not to engage in any form of physical duress,
(ii) not to permit demonstrations which are not peaceful and not to permit rowdyism in demonstrations,
(iii) that their members will not engage or cause other employees to engaged in any union activity during working hours unless as provided for by law, agreement or practice;
(iv) to discourage unfair labour practices such as (a) negligence of duty, (b) careless operation, (c) damage to property, (d) interference with or disturbance to normal work and (e) insubordination.
(v) to take prompt action to implement awards, agreements, settlements and decisions.
(vi) to display in conscriptions places in the union offices the provisions of this Code in the local languages, and
(vii) to express disapproval and to take appropriate action against office-bearers and members for indulging in action against the spirit of this Code.
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