09-15-2009, 07:05 PM
Originally Posted by senator
It appears you are referring to the Industrial Disputes Act.
I don't know whether this answer is what you sought. But there are no specific laws to prevent industrial disputes.
It is like this. There are no laws to prevent murder. The law only says after a murder has taken place, how to investigate it, how to proceed in courts of law, how to punish, etc.
But I think, Collective Agreements are one way to prevent industrial disputes.
Not only industrial dispute act all the acts(nearly 11 acts) have their own negetavie aspects when they use in practically.I just took IDA as a example. shop and office emlpymant act, grativity act are such laws.
and machan I don't say that all the laws are like this. as you said collective agreements playing great roll to keep the healthy industrial environment.but most of the laws should be changed.
I'll give a another example.There are certain provisions in the Shop and office emplyment Act which are totally obsolete. For example, regulation to sub section 1 prohibits employment of females in or about the business of any shop or office for any period exceeding 9 hours a day (inclusive of a interval). This in effect means that a female employee cannot work overtime
at all in a shop or office. Quite apart from this provision being an impediment to women in the context of equal opportunities in employment, this restriction is totally out of date and is irrelevant in the current labour market
and more importantly machan all this laws protecting only employees. what about the balance between the protection of employees and the flexibilty sought by emplyers?
and machan you didn't get my point about dispute prevention machan. preamble to IDA states that the act is meant for prevention of industrial diputes.
and machan we can divide every laws in to two parts.they are preventive laws and penal laws.and machan intention of the legislature making these laws are not only to punish but also to prevent the wrong actions of the people.this thing is big topic coming under jurisprudence which can't describe in a post like this