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Ashwin Kumar Ballari (PVT)     08 December 2011

Arbitration

What are the roles of arbitration in resolving industrial dispute ?



 2 Replies

Rajesh Hazra (Mediator Mediation Counsel)     08 December 2011

Dispute prevention and settlement as recommended by ILO is based up on the Voluntary Conciliation and Arbitration.  It also recommends that voluntary conciliation  be made available to assist in the prevention and settlement of industrial disputes between employers and workers. It recommends that it should include equal representation from employers as well as workers, and should be free as well as  expeditious. The provision if included should allow the parties into conciliation, voluntarily or upon the initiative of any external  conciliation authority or body. It also recommends that parties to dispute should refrain from strikes or lockouts.

1 Like

Kumar Doab (FIN)     08 December 2011

Learned Mr. Hazra has made available and nice and concise explanation, in the forum. Thanks!

If applied sensibly arbitration (voluntary arbitration) can significantly reduce litigations.

Promoters of the company should impress upon the HR/personnel/admin to favor/accept voluntary arbitration and similarly unions should encourage it.

If both parties act sensibly, solution is possible.


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