Dispute Resolution: Resolving Conflicts Effectively

Left uncontrolled, Disputes can lead to inadequate decisions, outright disputes, bullying, or harassment. In Dispute Resolution Act, all Partnership and teamwork break down, morale drops and assignments grind to a gridlock. Organizations feel hit with wasted skill, high desertion, and improved employee turnover.

Where people exist in a workplace, there are conflicts and disputes. All people have their own values, needs, and habits, so it’s simple to misunderstand or irritate one another – or worse, to fall into conflict.

But conflict can be settled. Moreover, it can bring problems, strengthen relationships, and spark innovation – so extended as you don’t try to forget it!

We’ll explore various types of conflict, what forces conflict, and how to reach a positive outcome when you conflict with a co-employee.

Dispute Resolution Definition

Normally, workplace Dispute resolution fall into two categories:

• Personality conflict or disagreements between individuals. These clashes are driven and perpetuated by emotions such as anger, stress, and frustration.
• Substantive conflict is substantial, tangible, and task-connected, like the decisions made on the undertaking of a team member or your company’s direction.

If unaddressed, both can spiral into a wider battle between teams, departments, or businesses. Conflict resolution can be represented as the process of recognizing, addressing, and settling disagreements or conflicts among workers in a skilled and professional setting, thereby fostering a positive and productive work environment.

Industrial dispute act

Industrial Disputes Act, of 1947 is the Act that regulates labour laws as it concerns all the workmen or all the people employed on the Indian mainland. The capitalists or the employer and the workers always had a difference of opinion and thus, it leads to lots of conflicts among and within both of these groups. So, these issues were brought to the attention of the government and so they decided to pass this Act. This Act was formed with the main goal of securing the fundamental interest of the employee in industrial disputes between parties and peacefully resolving their issues and problems. Dispute Resolution Act is a part of the Alternative Dispute Resolution Act.

Main Scope and Objective 

This is an Act made for the examination and settlement of industrial disputes, and for different purposes too. This Act centres around any industry carried on by or under the authority of the Central Government, by a railway organization, or concerning any such controlled industry as might be indicated for this benefit by the Central Government. 

(1) The Act provides machinery for the compensation of disputes by arbitration or justice.

(2) It attempts to provide social justice and financial progress by promoting industrial harmony.

(3) It encourages workers to fulfil their demands utilizing an authorized weapon of strike and thus encourages collective bargaining.

(4) It restricts illegal strikes and lockouts.

(5) It supplies relief to the workman in the event of layoff or reduction.

Labour law in Dispute Resolution Act

The labour law’s main objective is protecting labourers’ rights and maintaining industrial peace. The level and extent of these rights and protections change depending on the classification of workers. There is a crucial relationship between the employer and the employee. A critical and crucial factor in understanding the degree of rights provided to the workers and the employer’s liability lies in the terms of the agreement between the employer and the employee. 

Workers are broadly classified as employees and independent builders. While there exist, various non-traditional workers who do not exactly fall within these two categories. The scope of this paper is limited to the employer-employee, Independent Contractors, platform, and strongest-matched workers. Under common law. The categorization of workers as employees is traced to the master-servant relationship under the UK Statute of Artificers, 1563. This was strengthened through a series of master-servant Acts in the mid-18th century. The sole distinctive factor between servants and independent contractors in the 18th century was the exclusivity between the servant and master.

This classification developed through common law and the UK legislation gradually exuded into Indian Labour law and policy in pre and post-independent India. The post-independent constitutional phase is characterized by the practical performance of legislation and constitutional requirements to enhance the rights of the laborers. This promise of colonial and economic fairness in the warm-up of the Indian Constitution calls for efficient redressal instruments and welfare measures for employees.

Type of Judgement for labour law in India 

Items to learn regarding the compliance of sexual harassment of women at the workplace (Prevention, Prohibition and Redressal) Act, 2013. Sexual harassment is violent and offensive to a woman which prohibits her from living her life with fulfilment. It extends to the immoral behaviour indicated towards a woman. A woman who comes across such forceful and immoral behaviour at any kind of workplace must be provided with a safe and protected environment and redressal mechanism to address such evil behaviour.

It was reiterated by the Hon’ble High Court of Delhi, adjudicated at New Delhi, in the matter of ________, that the onus to prove a bonafide employer-employee relationship lies upon the employee and not on the employer. Delhi High Court Date of Judgement: 20.09.2016 During the hearing, the learned counsel for the workman/petitioner was asked to show-cause. If there is any document through which it could be established on record,  that the employer/respondent had engaged the employee for a particular designation. In return of which, a consideration was also decided unilaterally by the employer and employee. 

How to get rid of labour Law in the workplace?

SAMADHAN (Software Application for Monitoring And Disposal, Handling of Industrial Dispute Resolution/Claims/General Complaints)

SAMADHAN Portal is a digital initiative of the Ministry of Labour and Employment, Government of India to make the lives of workmen, administration, business, unions, and other stakeholders smooth. By making the system more user-friendly, transparent & efficient through online documentation, centralized monitoring & reducing disposal time by giving them a single online platform for raising their grudges like:

• Dismissal Illegal termination
• Delay payments
• Unauthorized deduction
• Non-payment of maternity benefits
• Non-payment of Minimum wage
• Non-payment of Overtime allowance
• Non-payment of Tunnel allowance

Conclusion

Moreover, it can bring problems, strengthen relationships, and spark innovation. We’ll explore various types of conflict, what forces conflict, and how to reach a positive outcome when you conflict with a co-employee. Industrial Disputes Act, of 1947 is the Act that regulates labour laws as it concerns all the workmen or all the people employed on the Indian mainland. The sole distinctive factor between servants and independent contractors in the 18th century was the exclusivity between the servant and master. We conclude with some of the judgments of the Hon’ble High Court of Delhi. To fill out a petition you have to go on a SAMADHAN portal.

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