ADR in Labour Code 2006
ADR is the Alternative Dispute Resolution process of Labour code. It is the non judicial mediation process which includes negotiation, conciliation and arbitration. If a dispute reaches the stage of award by an arbitrator it is final and this route end here
Negotiations :
If a dispute is likely between an employer and an employee, the employer or a CBA shall communicate the same in writing to the other party. within 10 days the parties will try to resolve the matter by way of negotiation, if a settlement reached, a memorandum shall be recorded accordingly section 210(1,2). Under subsection 210(4), 30 days time is allowed to complete negotiation.
Conciliation :
Failing in negotiation under subsection 210(1,2), any party may report to the conciliator that the negotiation have failed and request to the conciliator in writing a conciliate the dispute and conciliator shell, on receipt of such request, proceed to conciliate in the dispute. Under section 210(6) of the conciliator has 10 days time for cancellation.
Arbitration :
If conciliation fails the conciliator shall try to Persuade the parties to agree to refer to the dispute to an arbitrator. In case the parties agree, they shall make a joint request in writing for reference of the dispute to an arbitrator agreed upon by them. The arbitrator shall give his award within 30 days from the date on which such dispute is referred to him or within such period as may be agreed upon by the parties. the award of the arbitrator shall be final and no appeal shall lie against it under section 210(16).