No Strike Clause

Posted in Human Resource Terms, Total Reads: 216
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Definition: No Strike Clause

No strike clause is an understanding that during the course of the contract the parties will not engage in any kind of strikes, slowdown, or any other kind of job actions which may hamper the productivity of the company. It is one of the major aspects of the process of collective bargaining process. Collective bargaining is the process, where 2 parties try to negotiate on some issues or conditions.


The basis of the clause is that even though the strikes are protected by law, if any contract has the no strike clause attached to it, it will not be protected.


Advantages:

1. No strike clauses prevent the scope for any strike or productivity related isssues.

2. It also ensures that the people who are involved in the system are working as per the rules laid down.

3. Essential in industries where labor related issues and strikes are a major part like manufacturing units, etc.

4. It gives the management efficient control over the union & the employees involved.


Disadvantages:

1. The management can take actions which may hamper the interests of the employees.

2. In certain cases, the employers can’t bargain over day to day issues, and the management may turn a blind eye to it.

Thus, when a contract is made, it is essential to gauge what will happen after the contract is over or when the person concerned is not bound by any contract. Thus, it is imperative a no strike clause be put in to ensure that employees do not resort to measures of strikes, or and action issues.

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