TYPES OF STRIKES

This article is written by Gitesh Jain of Amity University, Rajasthan, Intern under Legal Vidhiya

Introduction

A strike, also known as a work stoppage, is a collective action taken by workers to protest against their employer’s policies or working conditions. It is a powerful tool used by employees to negotiate better wages, benefits, and working conditions with their employers. Strikes can be organized by trade unions, worker associations, or groups of workers who come together to demand better working conditions. Strikes can take various forms, such as a complete work stoppage, a slowdown in work, a work-to-rule campaign, or a sit-in protest. The success of a strike depends on various factors, such as the level of organization among the striking workers, the support of the public, and the bargaining power of the employer. While strikes can be an effective means of achieving better working conditions, they can also have negative consequences for both workers and employers. Strikes can result in lost wages, disrupted production, and damaged business reputation. Employers may respond to strikes with countermeasures, such as hiring replacement workers or taking legal action against striking workers.

In this article, we will explore the different types of strikes, the reasons behind them, their effects on workers and employers, and the legal framework governing strikes. We will also examine some notable strikes throughout history and their impact on labor relations. By understanding the dynamics of strikes, we can gain insights into the power dynamics between employers and workers and the role of collective action in shaping the world of work.

Historical Background of Strikes

Strikes have been a form of labor protest for centuries, with records dating back to ancient Greece and Rome. However, the modern form of strikes, as we know them today, emerged during the Industrial Revolution in the 18th and 19th centuries.

During this time, the rise of factories and mass production led to the formation of unions and the organization of workers into collective bargaining units. These unions would negotiate with management for better working conditions, wages, and benefits, and if negotiations failed, workers would sometimes go on strike as a last resort.

One of the earliest recorded strikes in the United States was the Boston Shoemakers’ Strike of 1806, in which a group of shoemakers refused to work until their employers agreed to raise their wages. In 1877, a nationwide railroad strike erupted across the United States, with workers protesting low wages and poor working conditions. The strike quickly spread to other industries, and violence and unrest ensued. Throughout the 20th century, strikes continued to be a common form of labor protest, with some of the most famous strikes including the 1911 Triangle Shirtwaist Factory Strike in New York City, the 1936-1937 General Motors Sit-Down Strike in Flint, Michigan, and the 1981 Professional Air Traffic Controllers Organization (PATCO) Strike.

Today, strikes remain an important tool for workers to negotiate with employers, and they continue to occur in many industries around the world. However, laws and regulations have been put in place to regulate strikes and protect the rights of both workers and employers.

Industrial Disputes Act, 1947

The Industrial Disputes Act of 1947 is a central piece of legislation in India that regulates the resolution of industrial disputes. The Act provides for the investigation and settlement of industrial disputes through conciliation, arbitration, and adjudication.

The main objectives of the Act are to prevent industrial disputes and to ensure a healthy relationship between employers and employees. The Act defines the term “industrial dispute” as any dispute or difference between employers and employees, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment, or the terms of employment or the conditions of work of any person.

The Act establishes machinery for the settlement of industrial disputes, including conciliation officers, boards of conciliation, courts of inquiry, labor courts, and industrial tribunals. The Act also provides for the compulsory recognition of trade unions, and it prohibits unfair labor practices by employers.

The Act applies to all industrial establishments employing at least 100 workmen, and to smaller establishments that have been declared to be public utilities or are engaged in specified industries. The Act is administered by the Ministry of Labor and Employment, and it is enforced by the labor authorities of the state governments.

Causes of Strikes

Strikes can be caused by a variety of factors, including:

1. Wages and benefits: One of the most common causes of strikes is disputes over wages and benefits. Workers may feel that their current pay and benefits are not sufficient or fair and may demand better compensation.
2. Working conditions: Poor working conditions, such as unsafe or unhealthy working environments, excessive workloads, or lack of job security, can also lead to strikes. Workers may refuse to work until these conditions are improved.
3. Contract negotiations: Strikes can also occur during contract negotiations between workers and employers, particularly if the two sides are unable to come to an agreement on key issues.
4. Unfair labor practices: Unfair labor practices by employers, such as discrimination, harassment, or retaliation against workers who are attempting to organize or unionize, can also lead to strikes.
5. Political issues: Strikes can sometimes be driven by political issues, such as opposition to government policies or social injustice.
6. Solidarity with other workers: Workers in one industry or company may go on strike to show solidarity with workers in another industry or company who are also on strike.

Overall, strikes are often a last resort for workers who feel that their concerns are not being heard or addressed by their employers and can be a powerful tool for bringing about change in the workplace.

Types of Strikes

Strikes are a form of collective action taken by a group of workers to protest against unfavorable working conditions or to demand better pay, benefits, or other workplace rights. Here are some of the most common types of strikes:

1. Sit-down Strike: This type of strike involves workers occupying the workplace premises, usually the factory or office, and refusing to work until their demands are met. Workers often barricade themselves inside the workplace, preventing management from accessing the premises.
2. Slowdown Strike: Also known as a work-to-rule strike, this involves workers doing only the minimum amount of work required by their job description. Workers may follow all the rules and regulations to the letter but may not go above and beyond their duties until their demands are met.
3. Wildcat Strike: This is a spontaneous and unauthorized strike that occurs without the approval of the union leadership. These strikes often arise due to workers’ frustration with the lack of progress in collective bargaining negotiations or the union’s perceived lack of action on their grievances.
4. Sympathy Strike: This type of strike is taken by workers in support of another group of workers who are striking for their own demands. Workers may go on strike to show solidarity with another union or group of workers.
5. General Strike: This is a strike that involves workers across all industries and sectors of the economy. The purpose of a general strike is to shut down all economic activity in the country to pressure the government or employers to meet the workers’ demands.
6. One-Day Strike: Also known as a “warning strike,” this is a short-term strike that lasts only a day or a few hours. The purpose of this type of strike is to send a message to management and show the workers’ determination to achieve their goals.
7. Lockout: This is a strike initiated by management rather than workers. In a lockout, management prevents workers from entering the workplace until the workers agree to management’s demands.

Each type of strike has its own benefits and risks, and the choice of which type of strike to use depends on the particular circumstances of the situation. It is important to note that strikes can be a powerful tool for workers to make their voices heard, but they also come with potential consequences, such as loss of pay, damaged relationships with employers, and legal action.

Legal Provisions of Strike in India

In India, the right to strike is recognized as a fundamental right under Article 19(1)(c) of the Constitution of India, which guarantees to all citizens the right to form associations or unions. However, this right is not absolute and is subject to certain reasonable restrictions.

The legal provisions regarding strikes in India are primarily governed by two main pieces of legislation, namely, the Industrial Disputes Act, 1947, and the Trade Unions Act, 1926.

1. Industrial Disputes Act, 1947:

The Industrial Disputes Act, 1947 (IDA) is the primary legislation that governs the resolution of industrial disputes in India. The Act defines a strike as “the cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment.” Some of the key provisions of the IDA related to strikes are as follows:

a. Notice of Strike: A notice of strike must be given to the employer or the conciliation officer at least 14 days before the proposed strike. The notice must state the reasons for the proposed strike, the number of workers likely to participate in the strike, and the period of the strike.

b. Prohibition of Strike: A strike is prohibited during the pendency of conciliation proceedings and the award or settlement arrived at in the course of such proceedings. A strike is also prohibited during the period when a reference is pending before a Labor Court, Tribunal, or National Tribunal.

c. Illegal Strikes: A strike is considered illegal if it is commenced without giving the required notice or during the pendency of conciliation proceedings, arbitration proceedings, or reference before a Labor Court, Tribunal, or National Tribunal. An illegal strike is not protected by law, and the workers participating in such a strike may face disciplinary action.

d. Retrenchment during Strike: An employer is prohibited from retrenching any worker during the period of a strike if such retrenchment is connected with the strike.

• Trade Unions Act, 1926:

The Trade Unions Act, 1926 (TUA) provides for the registration of trade unions and confers certain rights and immunities on registered trade unions. Some of the key provisions of the TUA related to strikes are as follows:

a. Legal Status of Registered Trade Unions: A registered trade union is a legal entity, and its office bearers are entitled to certain immunities, including immunity from civil suit in certain circumstances.

b. Right to Strike: Registered trade unions have the right to strike subject to the provisions of the IDA. However, the right to strike is not absolute, and a strike can only be called if the majority of the members of the trade union have voted in favor of the strike.

The procedure of strikes in India

The procedure for calling a strike in India is governed by the Industrial Disputes Act, 1947. The Act provides for certain procedures and conditions that must be fulfilled before a strike can be called. Below is the step-by-step procedure for calling a strike in India:

1. Negotiations and Conciliation: Before calling a strike, the workers’ union or association must make efforts to negotiate with the employer and resolve the dispute amicably. If negotiations fail, the union or association can approach the conciliation officer appointed by the government to resolve the dispute.
2. Issue Notice of Strike: If the conciliation proceedings fail, the workers’ union or association can issue a notice of strike to the employer or the conciliation officer at least 14 days before the proposed strike. The notice must state the reasons for the proposed strike, the number of workers likely to participate in the strike, and the period of the strike.
3. Prohibition of Strike: A strike is prohibited during the pendency of conciliation proceedings and the award or settlement arrived at in the course of such proceedings. A strike is also prohibited during the period when a reference is pending before a Labor Court, Tribunal, or National Tribunal.
4. Conduct Secret Ballot: If the proposed strike is to be held in an industry where there are more than 100 workers, a secret ballot must be conducted among the workers to decide whether to proceed with the strike. The ballot must be conducted under the supervision of a government-appointed officer.
5. Intimation of Strike: If the majority of the workers vote in favor of the strike, the workers’ union or association must intimate the employer and the government authorities at least seven days before the proposed strike. The intimation must state the date on which the strike will commence, the reasons for the strike, and the number of workers likely to participate in the strike.
6. Strike Action: On the specified date, the workers must cease work, and the strike begins. During the strike, the workers must not indulge in any violent or illegal activity. The workers are also not allowed to prevent any other worker from attending work.

Constitution stands on the legality of strikes

The Constitution of India recognizes the right to strike as a fundamental right under Article 19(1)(c), which guarantees to all citizens the right to form associations or unions. However, this right is not absolute and is subject to reasonable restrictions.

The Constitution of India provides for the regulation of labor and industrial disputes under Article 246 and Entry 22 of List II of the Seventh Schedule. The Industrial Disputes Act, 1947, is the primary legislation that governs the resolution of industrial disputes in India, including strikes.

The Industrial Disputes Act, 1947, lays down the conditions and procedures for calling a legal strike in India. A strike is considered legal if it commences after giving the required notice and following the procedures specified in the Act. The Act also provides for the prohibition of strikes during the pendency of conciliation proceedings, arbitration proceedings, or reference before a Labor Court, Tribunal, or National Tribunal.

In addition to the Industrial Disputes Act, 1947, the Trade Unions Act, 1926, provides for the registration of trade unions and confers certain rights and immunities on registered trade unions, including the right to strike.

Therefore, while the Constitution of India recognizes the right to strike as a fundamental right, it is subject to reasonable restrictions and conditions as laid down by the Industrial Disputes Act, 1947, and other relevant laws. The legality of a strike in India depends on whether it has been called following the procedures and conditions laid down by the law. Any deviation from the prescribed procedures and conditions can render the strike illegal, and the workers may face disciplinary action.

Consequences of Illegal Strikes

Illegal strikes can have several consequences, including:

1. Legal repercussions: Illegal strikes can lead to legal action being taken against the organizers and participants. Depending on the jurisdiction, the penalties for participating in an illegal strike can range from fines to imprisonment.
2. Loss of pay: Employees who participate in an illegal strike may not be entitled to receive their regular wages or benefits for the duration of the strike.
3. Damage to the employer’s business: Illegal strikes can disrupt an employer’s operations, leading to financial losses and damage to the employer’s reputation.
4. Loss of public support: Illegal strikes can cause public opinion to turn against the striking workers and their cause. This can make it more difficult for the workers to achieve their goals and can also harm their long-term relationships with the community.
5. The strain on labor relations: Illegal strikes can strain the relationship between workers and management, making it more difficult to negotiate future labor agreements and resolve disputes peacefully.

Overall, it is important for workers to follow the legal process for striking and to work within the boundaries of the law to achieve their goals. This can help to ensure that their actions are effective, sustainable, and do not have unintended negative consequences.

Conclusion

It is observed that strike is not a fundamental right in India and government employees have no right to go on strike. Industrial Disputes Act, 1947 limits the rights of strikers and gives the legal right to go on strikes as stipulated in sections 22, 23 and 24, right to strike under the Industrial Disputes Act, 1947 is very much limited and regulated.

References

1. https://blog.ipleaders.in/right-to-strike-under-industrial-dispute-act-1947/
2. https://www.whatishumanresource.com/strikes
3. https://www.legalserviceindia.com/legal/article-1135-stikes.html#:~:text=There%20are%20mainly%20three%20kinds,a%20kind%20of%20General%20Strike.
4. https://www.ijmh.org/wp-content/uploads/papers/v4i1/A0363094119.pdf