The object of Section 9-A of the Act is to prohibit an employer from making any change in the conditions of service applicable to his workmen in respect of any matter specified in the Fourth Schedule, unless he has complied with the following conditions:
The object of Section 9-A of the
Act is to prohibit an employer from making any change in the conditions of
service applicable to his workmen in respect of any matter specified in the
Fourth Schedule, unless he has complied with the following conditions:
1. A notice in prescribed manner of
the nature of the change proposed to be effected must be given to the workmen
likely to be affected by such change; and
2. A period of twenty-one days from the date of notice
must have expired.
The appropriate Government has the power to include
any other rules or regulations in this category by notification in its official
Gazette. The matters, in respect of which notice is required, are enumerated in
the Fourth Schedule to the Act and are as follows,
a. Wages including the period and mode of payment.
b. Contribution paid or payable by
the employer to any provident fund or pension fund.
c. Compensatory and other allowances.
d. Hours of work and other rest intervals.
e. Leave with wages and holidays
f. Starting, alteration or
discontinuance of shift working, otherwise, than in accordance with standing
g. Classification by grades.
h. Withdrawal of any customary
concession or privilege or change in usage
i. Introduction of new rules of discipline
or alteration of existing rules except in so far as they are provided in
j. Rationalisation, standardisation or
improvement of plant or technique, which is likely to lead to retrenchment of
k. Any increase or reduction (other
than casual) in the number of persons employed or to be employed in any
occupation or process or department or shift not occasioned by circumstances
over which the employer has no control.
Illegal Strikes And Lock-Outs (Sec.24):
strike or a lock-out shall be illegal, if
1. It is commenced or declared in
contravention of Sec.22 or Sec.23; or2. It is continued in contravention
of an order made under Sec.10 (3) or Sec. 10-A (4-A), [Sec.24 (1)].
Tags : Business Environment and Law-Industrial Disputes Act, 1947
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