ข้อมูล-กฎระเบียบเกี่ยวกับการนัดหยุดงาน

   Strikes are defined as a 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 while lock outs are defined as temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.

The basic difference between the right to protest and right to strike under Indian law is that the right to protest is a fundamental right enshrined under the Indian Constitution whereas the right to strike is not a fundamental right but a legal right.

The right to strike always has a statutory restriction and is governed by Industrial Dispute Act, 1947. The Trade Union Act, 1926 for the first time provided limited right to strike by legalizing certain activities of a registered trade union in furtherance of a trade dispute which otherwise breach of common economic law. Nowadays, a right to strike is recognized only to limited extent permissible under the limits laid down by the law itself, as a legitimate weapon of trade unions.

General Prohibitions for Strikes and Lock out

No person employed in a public utility service shall go on strike, in breach of contract:

·        Without giving to the employer notice of strike, as hereinafter provided, within six weeks before the scheduled start of a strike; or

·        Within fourteen days of giving such notice; or

• Before the expiry of the date of strike specified in any such notice as aforesaid; or
• During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

No employer carrying on any public utility service shall lock out any of his workman:

·        Without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or

·        Within fourteen days of giving such notice; or

·        Before the expiry of the date of lock-out specified in any such notice as aforesaid; or

·        During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

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