Industrial Disputes Research Articles

Mass layoffs at BYJU’S – founder’s dilemma

Learning outcomes This case study provides students/managers an opportunity to learn about the following: to infer the challenges involved in the downsizing of employees; to asses and evaluate BYJU’S organizational culture; and to determine the impact of workplace toxicity. Case overview/synopsis The focus of this case is the controversy faced by BYJU’S due to its mass layoffs and toxic work culture. This case discusses the CEO’s dilemma in resolving the controversy. Two rounds of mass layoffs at BYJU’S are discussed in detail. The industrial dispute filed by Employees Union against BYJU’S accusing it of denying due compensation to laid-off employees is also discussed. This case consists of a section explaining the toxic work culture at BYJU’S, which is supported by employee complaints. The CEO’s justification and apology have been illustrated in this case. The case ends with a closing dilemma and challenges faced by the CEO. Complexity academic level The case is best suited for undergraduate students studying Human Resources Management subjects in Commerce and Business Management streams. The authors suggest that the instructor inform students to read the case before attending the 90-min session. It can be executed in the classroom after discussing the theoretical concepts. Supplementary material Teaching notes are available for educators only. Subject code CSS 6: Human Resource Management.

Strikers and ‘Knobsticks’: Intimidation and Violence During the Preston Strike and Lock-Out of 1853–1854

The Preston strike and lock-out of 1853–1854 has been understood as representative of an important shift in the conduct of unions during industrial disputes in the second half of the nineteenth century. Unlike the radical-led and often violent clashes of the 1840s and earlier, the decades from 1850, it has been argued, saw collective action move towards organised, peaceful negotiation. In this, the apparent peacefulness of the Preston dispute, which was noted by many contemporary commentators and has since been reiterated by historians, situates it neatly within the appearance of social harmony during the ‘Age of Equipoise’. Yet, as this article will argue, the experience for many operatives involved in the dispute was quite different. Those who did not support the cause were ostracised as ‘knobsticks’, a deeply stigmatising epithet, and frequently subjected to verbal abuse. Indeed, the article shows that intimidation, threats of physical violence and, occasionally, actual violence were important, though informal, dimensions of the conflict, vital to the maintenance of discipline and conformity among the rank and file. Physical violence, certainly, was uncommon, but it existed within a wider climate of intolerance towards ‘knobsticks’; class traitors who threatened the success of the movement.

The Periodicals that Puzzled Dickens: The Weekly Balance Sheets of the Preston Lock-Out, 1853–1854

Charles Dickens was puzzled and intrigued by a type of print publication which was central to the Preston strike and lock-out of 1853–1854 and hundreds of other industrial disputes in the nineteenth century, the strike balance sheet. This first academic study of the periodical genre summarises its structure and contents (a stirring opening address, long lists of donations sent in support of the locked-out workers featuring meaningful and allusive nicknames, snatches of verse, and threats against those who refused to contribute) and examines how it was produced, received and interpreted. Strike balance sheets demonstrated the collective and financial power of the unions, while their creation of an independent, worker-controlled public sphere of print reduced the imbalance of cultural power between workers and masters. They are also significant for what they tell us about the size, spread and consistency of the financial and moral support for the Preston workers, and as snapshots of broader trade union activity across the nation. They reveal intraclass debates and conflicts, and the rhetoric and values of the union leadership and lower-tier district delegates. Most intriguing of all, they make up a large body of print material in which nineteenth-century working-class voices are heard. This article was published open access under a CC BY-NC-ND licence: https://creativecommons.org/licenses/by-nc-nd/4.0/

Introduction to the Special Issue Commemorating the 170th Anniversary of the 1853–1854 Preston Lock-Out

This introduction to the special issue commemorating the 170th anniversary of the Preston strike and lock-out of 1853–1854 explains the significance of one of the most famous industrial disputes of the nineteenth century, updates its historiography since the publication of H.I. Dutton and J.E. King’s 1981 study, ‘Ten Per Cent and No Surrender’: The Preston Strike, 1853–1854 , provides context and a chronology, and summarises the eight articles of new research presented here. The articles examine women’s impact on the dispute and its impact on them, the role of Irish workers, the question of intimidation and conflict between workers, cultural and literary expressions of the dispute, its significance and legacy, and one creative interpretation of it, using animation. The editors argue that the Preston strike and lock-out had a wide impact, was widely reported, and had a strong cultural resonance, making it a microcosmic episode of mid-Victorian Britain. This article was published open access under a CC BY-NC-ND licence: https://creativecommons.org/licenses/by-nc-nd/4.0/

Federalising Socialism Without Doctrine

The Australian Constitution is only partly ‘liberal’ (securing political and economic liberties); another part is ‘socialist without doctrine’ (empowering governments to own and operate vast public capital, while providing social insurance in a market economy). That mixture is common in modern advanced economies but was anomalous in the Anglophone constitutional tradition in 1901. Legislative power over ‘old age and invalid pensions’, ‘railway construction’ and ‘conciliation and arbitration for the prevention and settlement of industrial disputes’ was an accepted part of the incipient Federal scheme but repugnant to Anglophone constitutional orthodoxy of the 19th century. The integration of ‘colonial socialism’ into the Constitution created one of the longest-standing puzzles in Australian jurisprudence, the Surplus Revenue Case of 1908, and laid the foundations for federal dominance of the Australian economy. Understanding the enduring impact of colonial socialism in Australian constitutionalism sheds light on how Australia’s distinctive political economy grew within a ‘Washminster’ system of government. It also provides principled guidance for future policy challenges that may require expansion of state involvement in the economy.

Impact of state-level labour law reforms in India: an empirical analysis

The impact of Indian state labour law reforms on employment, output, new industrial units, investment and size of industrial units is examined from 2000–01 to 2017–18. States with inflexible labour laws had lower growth of large industrial units and regular employment. Contract worker hiring spiked in firms with 301–500 workers in both flexible and inflexible states. Capital growth was higher than growth of workers in all state categories. Rajasthan, the first state to carry out additional reforms in 2014, had good performance. Regressions carried out to control for factors that impact employment other than labour laws indicate that: (i) reforms had a positive impact on employment; (ii) good infrastructure, reduction in industrial disputes, low crime and better education resulted in significant employment generation. Difference-in-differences estimates show that post-reform, employment, fixed capital, and output were higher for flexible labour law states, when compared to inflexible labour law states.

Evaluating Industrial Dispute Resolution Methods: A Case Study of Bangladesh

Currently, parties involved in the process of industrial dispute resolution prefer alternative dispute resolution (ADR) to the adversarial process which requires an evaluation of ADR to infer how effective it is. Theoretically, the concept of ADR has been originated from the theory of conflict resolution management. Even though ADR has been implemented largely by apparel firms, studies to assess the effectiveness of ADR are scant. To assess the effectiveness of ADR as an industrial dispute resolution method (DRM), the study evaluated seven hypotheses using the Chi-square test and Cramer’s V. Data were gathered from both employers and employees of apparel factories in Bangladesh using two different sets of survey questionnaires. The results showed that employees are more familiar with ADR processes if the companies are run for a long time. It has also been found that the presence of a labor union has been determined to be crucial in the selection of DRMs and workers advocate more for ADR than formal adjudication machinery. The findings of the research are expected to contribute to the dispute resolution process since this study attempted to explore the perceptions of both employees and employers which is instrumental to the amicable settlement of disputes by applying ADR.

A Cross-sectional Study on Effects of University Closure Due to Industrial Disputes on Pharmacy Students

ObjectiveTo assess the effects of the closure of universities due to industrial disputes on pharmacy students. MethodsA descriptive cross-sectional study was conducted among third-year to final-year pharmacy students at the University of Nigeria Nsukka (UNN) from July to August 2023 using a 23-item structured self-administered questionnaire. Responses were analyzed using SPSS v27.0. Frequencies and percentages were used to describe the variables, while chi-square tested the association between the variables. ResultsOf 306 students who participated in the study (response rate: 99.0%), 218 (71.2%) were within the age range of 21 to 25 years, while more than half of the participants 187 (61.0%) had less than 4 distinctions in the last professional examinations. Overall, slightly above half of the respondents 172 (56.2%) were negatively impacted by the strike; more than half of them agreed to the item “I felt anxious and unprepared for school activities after the strike” 204 (66.7%). Slightly above half of them also had a good perception of the strike 154 (50.3%); more than half of them agreed with the item “During the strike, I felt that education has lost its worth” 212 (69.3%). Students with less than 4 distinctions in the last professional examination had a better perception of the strike, while students aged 21 to 25 years were more negatively impacted by the strike than other students. ConclusionAcademic strikes in Nigerian universities caused anxiety, increased reported depressive episodes, and poor performance among pharmacy students, necessitating online classes and prompt dispute resolution.

Determining the Status and Treatment of “GIG-Workers” under the Industrial Disputes Act, 1947

Determining the Status and Treatment of “GIG-Workers” under the Industrial Disputes Act, 1947

Workforce Diversity and Organisational Development: A Study of Federal Inland Revenue, Abakaliki, Ebonyi State, Nigeria

Organizations all over the world are facing many challenges in the management of their workforce. One of the challenges is workforce diversity. Thus, because they are recruiting people from different backgrounds. The paper sought to examine the effects of workforce diversity in the federal inland revenue service Abakaliki. The broad objective of the paper is to examine the effect of workforce diversity in organizational management. The specific objectives are to find out whether workforce diversity brings about industrial harmony or disharmony; to ascertain the effects of managing multicultural organization and to examine the impacts of workforce diversity in the organizational development of federal Inland Revenue Service Abakalliki. Content Analysis was used in the study. This is because the study relies mainly on secondary data. Situational theory propounded by Fieldler, A (1967) was used as the basis upon which the framework of the study is hinged. The paper after analyses found that workforce diversity is an inevitable organizational challenge if organizations are recruiting workforce from diverse environments etc. The study therefore recommended that management should brace up for the challenges of managing multi-cultural organizations among others. The study implies that as many people from different strata of society are employed in organizations, workforce diversity, and conflicts are inevitable. The only panacea for the problems is to develop an organizational culture to is attuned to relativism; the failure of which industrial disputes, chaos, and mutual suspicion are evident. Received: 23 March 2024 / Accepted: 30 April 2024 / Published: 5 May 2024

Indonesia Employment in 2023: Labor Force Conditions and Policy Developments in the Early Stages of the Demographic Bonus

In 2023, amidst the complexities of a volatile global economy, Indonesia demonstrated economic resilience, propelled by its dynamic workforce. This abstract synthesizes the intricate interplay between macroeconomic forces and employment trends within Indonesia, drawing from comprehensive data analyses and policy evaluations. The report encapsulates a year marked by economic recovery despite global headwinds such as the Russia-Ukraine conflict, inflation surges, and supply chain interruptions. With a predicted global growth of 3.6% by the IMF, Indonesia's economy experienced fluctuations but maintained a growth trajectory from Q2 2022 to Q2 2023. Labor force data indicates a predominance of the working-age population, signaling potential for sustained productivity and economic fortitude. The demographic composition, skewed towards a younger populace, underpins the vibrant labor market. Employment policies have been responsive to digitalization, globalization, and demographic transitions, focusing on skill development, vocational training, and job safety. Notably, vocational training for SMK graduates was prioritized to match industry requirements. Regulatory advancements aim to balance worker protections with corporate operational efficiency. Amidst COVID-19's lingering impact, policy adaptations were crucial to support workers and businesses, exemplifying Indonesia’s agility in times of crisis. The landscape of employment disputes, predominantly centered around termination, underscores the necessity for robust conflict resolution mechanisms. With 71.15% of industrial disputes tied to terminations, mediation emerged as the preferred dispute resolution strategy. Regional data unveiled disparities in job placements and complaints, spotlighting the need for equitable workforce distribution and grievance redressal mechanisms. The report concludes that Indonesia's labor policies and employment conditions are dynamically evolving, poised to sculpt a robust, inclusive, and sustainable labor market landscape.

The Use Of Mediation In Industrial Dispute Resolution

Administrative legislation and / or economic administrative law that “involves” criminal law in Indonesia is quite a lot. One example is Law No. 20 of 2016 on brands and Geographical Indications involved in the development of industry. Problems of criminal law in the field of administrative law and economic law, especially in the enforcement and protection of intellectual property rights have not shown action in line with the spirit of law formation. One form of violation of the law that is currently growing in Indonesia is duplication of copyright. But so far, efforts to provide legal protection for copyright holders seem inadequate. Even in the process of implementing law enforcement, it is not uncommon for copyright infringement cases to run aground in the middle of the road. Seeing the problems in the enforcement of economic criminal law, especially in the field of intellectual property rights, gave birth to an alternative discourse on the resolution of criminal disputes in the field of intellectual property rights, especially against violations of brand rights. How is the concept of industrial criminal punishment related to brand and geogtaphic indications, and whether mediation is the right choice in resolving industrial disputes.

The Forward March of Labour Resumed

This article, which explores the development of a new wave of industrial struggles, derives from a session at the symposium held in November 2023 to mark the 90th anniversary of the Marx Memorial Library and Workers’ School (MML). As the chair, John McDonnell MP explained that these mobilisations have been on a scale not seen for a generation; trade unions have been campaigning around pay, but also around working conditions and the future of their services, particularly public services. These struggles have been mobilising a new generation of trade unionists, demonstrating what can be achieved through determined trade union mobilisations. The contribution by Lord John Hendy KC focused on trade unions, the law and the importance of the role of trade unions in terms of building a popular front. Fran Heathcote, president of the Public and Commercial Services Union (PCS), explained the contributions of her union in the most recent wave of industrial action, helping to coordinate a strategy that puts maximum pressure on employers and minimises the financial impact on low-paid members. Alex Gordon, president of the National Union of Rail, Maritime and Transport Workers (RMT), has been at the forefront of some of the most significant industrial disputes in recent history, demonstrating the determination that a particular union can inspire in others. Building on the previous speakers’ contributions, he developed the discussion of the role of trade unions in developing a popular/united front.

Challenges Of The Industrial Relations Court In The Reform Era In Creating Fast, Accurate, Fair And Cheap Court

The Industrial Relations Court is a special court with absolute competence in dealing with industrial relations disputes arising from work relations between workers/laborers and employers. As the last resort in resolving employment conflicts if non-litigation channels fail, this court is expected to provide a fast, precise, fair and inexpensive resolution process for the parties so that it becomes the best solution. However, in practice, the existence of the industrial relations court has not fully become a mechanism that can realize the urgency of the court's existence since its inception. Various obstacles often arise and are even unavoidable in relation to the substance and mechanisms that hinder the realization of the initial intention of establishing the overarching law, namely Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. This research explains the various challenges faced by the Industrial Relations Court since its formation until the post-reform period. The research method of implementing literature studies and the type of research is normative law by compiling and reviewing various normative provisions regarding industrial relations courts and problems in their application. Industrial relations courts face various challenges related to their substance and mechanisms, for example when they are at the decision implementation stage, it is quite difficult to carry out the execution because they are guided by the execution procedures in civil courts which are quite expensive and time consuming. Meanwhile, industrial relations issues are ideally oriented towards fast processes and low costs. On the other hand, from the data on registered dispute cases, the worker/laborer mostly acts as a plaintiff, meaning that even if the plaintiff in this case wins, the court decision is not yet able to fully grant the worker/laborer their maximum rights.

Industrial Relations Dispute Resolution Model in Indonesia

This research aims to find out and examine industrial relations dispute resolution models in Indonesia. This research is normative legal research using a qualitative approach. The results of the research show that there are several types of disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes (PHK), Disputes between Trade Unions/Labor Unions. The author took the example of the case of PT Holcim Indonesia Tbk's unilateral layoff of its employees which was resolved through litigation in court. Industrial relations. With the enactment of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, there is a guarantee of protection for workers regarding the basic rights of workers/laborers and guarantees of equality, opportunity and equal treatment without discrimination on any basis.

CASE STUDY OF INDUSTRIAL RELATIONS DISPUTE RESOLUTION FOR FOREIGN WORKERS IN FOREIGN EMBASSIES: TOWARDS AN IDEAL LEGAL CERTAINTY

Background: The resolution of Industrial Relations Disputes (IRDP) involving Foreign Workers (FW) and Foreign Missions in Indonesia is particularly unique and warrants further examination. This is due to its involvement with complex international law, particularly concerning diplomatic immunity and state immunity, making achieving an ideal resolution for foreign workers and providing legal certainty challenging. The issue revolves around determining the ideal IRDP resolution to offer legal certainty to Foreign Workers employed in Foreign Missions. Methods: This legal study analyzes relevant laws, concepts, and cases to identify an ideal resolution. Sources include international law, Indonesian national law, and foreign case studies. Results: The ideal resolution of Industrial Relations Disputes (IRDP) between FW and Foreign Missions in Indonesia must consider various aspects to ensure legal certainty. In the context of UNCJIS ratification, the Indonesian Government needs careful consideration before deciding to enact this convention. Conclusion: The Indonesian Government, not having enacted UNCJIS 2004 into its national law, would find it challenging to provide legal certainty to FW working in Foreign Missions in Indonesia, particularly those dismissed without being granted their normative rights. This is because executing legally binding court decisions becomes challenging. Therefore, the Indonesian Government could establish Bilateral Agreements between nations falling under its jurisdiction to ensure legal certainty for FW working in Foreign Missions in Indonesia.

Wreaking Havoc on the System: An Examination of Nigeria’s Constitutional Reform, the National Industrial Court and the Employer’s Right to Unconditionally Terminate Employment

Following the recreation of the National Industrial Court (NIC) in 2010 through constitutional amendment (and constitutional provisions that allow this court to apply international best practice, international labour standards, international conventions, treaties and protocols in the resolution of labour and industrial disputes) the NIC has handed down decisions that sharply contradict well-established principles of law, including Supreme Court decisions in respect of the employer’s right to terminate an employment without reason. This article reviews the surrounding principles and argues that these NIC decisions are wrong. The article also questions the power donated to the NIC by the Legislature to apply international best practice, international labour standards, and international labour conventions that are not part of the sources of law in Nigeria. The article finds that these constitutional provisions are problematic and their application by the NIC is not justified in law. The article concludes that despite the constitutional reforms, the well-established legal principle allowing an employer to terminate with or without reason remains the law in Nigeria.

Legal Consequences for Companies that Carry Out Unilateral Termination of Employment

The COVID-19 pandemic has resulted in the Company taking steps to streamline company costs by laying off workers. Many companies experience labor relations disputes, one of which is that the company carries out unilateral termination of employment (PHK) of workers without negotiating with the workers and does not pay attention to the rights of these workers. This research aims to find out and examine the mechanism for resolving industrial relations disputes in Badung Regency as well as knowing and studying the legal consequences for companies that carry out unilateral layoffs of workers with a fixed term work agreement (PKWT) and workers with a fixed term work agreement (PKWTT) in Badung Regency. This research is empirical legal research with a factual approach and a statutory approach. The research results confirm that there are 2 (two) alternative dispute resolution mechanisms for industrial disputes, either through non-litigation channels, namely by bipartite negotiations, mediation, conciliation, arbitration or by litigation, namely through the industrial relations court (PHI). Layoffs can be said to be valid if they have received a decision from the PHI and if without this decision the employer continues to lay off workers in PKWT and PKWTT who received layoffs unilaterally, then the layoffs are not legally valid and are considered null and void. The legal sanction for employers who lay off PKWT workers before their term of employment ends is to fulfill the workers' rights, namely by providing severance pay, gratuity money, compensation money due to the layoff.

Mechanisation, wages, and royalties: Unpacking coal lock-in through 120 years of parliamentary debates in the world's largest exporter

Australia is the world's largest exporter of coal by value, and only recently lost out on volume to neighbouring Indonesia. This paper examines 120 years of parliamentary debates to better understand how Australia attained this position and the lessons this has for a carbon constrained future. The paper adopts a socio-technical transitions perspective, drawing on parliamentary records, historical literature and socio-economic statistics. This comprehensive large-scale analysis uses established dynamic topic modelling methods, and contributes novel tools and methods to aid the quality, interpretation and reproduction of the presented results. Results show that after supply and workers' rights problems, a mid-century compromise was reached between the main political parties (and industrial actors). This compromise relied on increasing the efficiency and hence profitability of mines. Profits would be shared with workers to remove industrial disputes. This initiative set off a path-dependent trajectory of growth that forestalled competition from lower-wage producers like Indonesia and hampered reactions as climate change came to the fore. Attention to coal in the Australian federal parliament is now at even higher levels than in the 1950s. However, while a similar compromise appears necessary, it does not seem forthcoming.

Academic Staff Union of Universities (ASUU) – Federal Government of Nigeria (FGN) Trade disputes and the advancement of University Education in South-South, Nigeria

The study examines ASUU-Federal Government trade disputes and the advancement of university education in Nigeria, a study of Universities in South South Nigeria; University of Port Harcourt, Delta state university and Niger Delta University, 2010-2022. Universities Nigeria has at various times experienced disruption in their academic calendar due to industrial disputes between FGN-ASUU, state government-ASUU or university management. But the goals of tertiary education are fundamental to the building of a productive society, through the ground work for excellence expertise, research and release technological breakthrough, but universities education have suffered setbacks from strikes, leading to loss of man hours in teaching and learning. Scholars have contended that trade disputes have tremendously affected the fabrics of the university system and the productivity of the Nigerian economy. Others have argued that trade unions have become veritable tools and important agents of quality education and socio-economic transformation. It is based on this that the study investigates ASUU/FGN disputes in Universities. The study is be guided by three main objectives. First to identify the causes of the protracted trade disputes between FGN-ASUU, secondly, to evaluate the positive effects of disputes on the advancement on infrastructural development and the third to examine the effect on quality education. To achieve the objectives, the study employs the Hegelian Dialectics theory as its explaining framework for analysis. Data from primary sources generated from questionnaires and was complemented with focus group discussion for this study. The responses from the field work through questionnaire are presented in simple frequency distribution, tables and the quantitative data are analyzed using SPSS statistical tool. The findings show and ascertain that industrial disputes between FGN-ASUU is a blessing in Nigeria Universities’ as result of establishment of Tetfund and the massive infrastructural advancement and others for qualitative education. The recommend among others government must budgetary allocation to 26% bench mark and abide by the agreements signed with ASUU