Kinds
of the ADR used in the Labor Act 2006:
A. Negotiation
B. Conciliation
C. Arbitration
Negotiation Method: Negotiation is
recognized as the best method for the settlement of industrial disputes and maintaining
industrial relations in a better way because it helps develop harmonious
relationship between the management and workers. negotiation takes
place between the employers and their employees over job-related affairs.
Conciliation method: If the party
receiving a communication under sub-section (1) fails to arrange a meeting with
the representatives of the other party for collective bargaining within the
time specified in sub-section (2),the other party or if no settlement is
reached through dialogue within a period of one month from the date of the
first meeting for negotiation, or such further period as may be agreed upon in
writing by the parties, any of the parties, may within fifteen days from the
expiry of the period mentioned in sub-section (2) or clause (b) of this
sub-section, as the case may be report the matter to the conciliator and
request him in writing to conciliate in the dispute and the conciliator shall within
ten days of receipt of such request, proceed to conciliate in the dispute.
The government shall for the purposes of this provision,
by notification in the Official Gazette, appoint such number of persons as it
considers necessary, as conciliator for such specific area or any industrial
establishment or industry and the conciliator shall take up the conciliation to
whom the request shall be made for conciliation.
Arbitration: If the conciliation
proceeding fails then the conciliator shall try to persuade the parties to be
agree to refer the dispute to an Arbitrator. If the parties do not agree to
refer the dispute to an Arbitrator, the conciliator shall within three days of
failure of the conciliation proceeding issue a certificate to the parties to
the dispute to effect that such proceedings have failed.
The Arbitrator shall give award within a period of
thirty days from the date on which the dispute is referred to him or such
further period as may be agreed upon in writing by the parties to the dispute. After
he has made an award, the arbitrator shall forward a copy thereof to the
parties and to the government. The award of the arbitrator shall be final and no
appeal shall lie against it.