Our trade union in Thane wants to go on strike, what legal procedure must we follow?

Detailed Legal Analysis

To legally initiate a strike in Thane, your trade union must follow the procedures outlined in the Industrial Disputes Act, 1947, specifically under Chapter V-B which deals with strikes and lockouts.

Here are the key steps and requirements for your trade union to conduct a legal strike:

• Notice of Strike:
  • Under Section 22 of the Industrial Disputes Act, a trade union must provide a written notice to the employer at least 14 days before the intended strike.
  • The notice must specify the reasons for the strike and the date on which the strike is proposed to commence.
• Strike Ballot:
  • It is advisable to conduct a strike ballot among union members to ensure that the majority supports the decision to strike.
  • This helps in demonstrating solidarity and can prevent disputes regarding the legitimacy of the strike.
• Negotiation Efforts:
  • Before proceeding with the strike, the union should attempt to negotiate with the employer to resolve the issues at hand.
  • Engaging in dialogue shows good faith and may lead to a resolution without the need for a strike.
• Security of Employees:
  • The union should ensure the safety of workers participating in the strike to prevent any potential violence or employer retaliation.
  • Employers are prohibited from terminating employees for participating in a legal strike as per Section 30 of the Act.
• Post-Strike Protocol:
  • After the strike, the trade union must be prepared to engage in discussions with the employer to negotiate the terms of resumption of work.
  • Documentation of the reasons for the strike and resolutions reached should be maintained for future reference.

It is important to note that strikes can be declared illegal under certain conditions, such as if they are conducted without following the legal procedure specified in the Industrial Disputes Act. Therefore, adhering to the outlined steps is crucial to ensure the strike's legality and protect the rights of the workers involved.