Lock-Out : Meaning | Definition | Essentials | Closure | Difference

Meaning of Lock-out :

The word 'lock-out' literally means "to shut or to close". It refers to closure of an industrial establishment for a particular period to suppress the prevailing situation in the industry (temporary closure). "Lock-out" means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.

Lock-out is an act of employer, by which his industrial establishment is temporarily closed to suppress the demands of his employees and to make them resume duties (employment) at terms and conditions dictated by him.

Lock-out is the antithesis of strike. Lock-out is an effective and widely recognized weapon in the hands of employer (similar to that of strike in the hands of workmen) to compel the workers employed under him to accept his terms and conditions of service.

Prior to 1860, lock-out was called as 'turn-off'. Lock-out is the corresponding weapon of employer, as strike is of the workmen. Lockout means "withholding of employment by an employer and the whole or partial closing of his business establishment in order to gain concessions from employees.

Definition of Lock-out :

 According to Section 2(1) of the Act, "Lock-out means the temporary closing of a place of employment, of the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him","

Essentials of Lock-out: 

To constitute Lock-out, the following conditions are to be satisfied:

(a) (1) temporary closing of a place of employment by the employer

(ii) Suspension of work by the employer

(iii) refusal by an employer to continue to employ any number of persons employed by him

(b) the above mentioned acts of the employer should be motivated by coercion;

(c) an industry as defined in the Act

(d) a dispute in such industry.

Lock-out is an act of Employer

By which his industrial establishment is closed temporarily to suppress the demands of workmen and to force them to accept employment as per his terms and conditions (of service).

Lock-out and Closure: 

Lock-out and Closure are different concepts. However, they resemble each other and give room for confusion. Following points distinguish between Lock-out and Closure:

i. Closure refers to closing an industrial establishment, while Lock-out refers to suspension of work in industrial establishment. 

ii. Lock-out is caused as a consequence of Industrial Dispute. Closure need not be the consequence of an Industrial Dispute.

iii. Lock-out is to compel the workers to resume services and the reason for closure may be anything.

Difference between lock-out and lay-off:

(i) Lock-out is an act on the part of the employer taken to coerce or pressurize the labour: Lay-off is for trade reasons beyond the control of the employer, i.e., it is not intentional act.

(ii) Lock-out is due to an industrial dispute and continues during the period of dispute: Lay-off is not concerned with a dispute with the workmen.

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