Strikes, Lockouts and Go-Slow Tactics: Legal and HR Response Framework

Strikes, lockouts, and go-slow tactics are among the most disruptive events in Indian factories. They directly affect production, customer commitments, safety, and industrial harmony. For Factory HR teams, these situations demand legal clarity, calm judgement, and disciplined execution.

A poorly handled strike or lockout can escalate into prolonged disputes, legal intervention, and reputational damage. HR’s role is to ensure that responses are lawful, proportionate, and strategically sound, while keeping communication channels open.

Understanding Industrial Action in Factory Settings

Industrial action refers to collective measures taken by workers or management to assert demands or protect interests.

Strike

A strike is a concerted stoppage of work by workers to press demands related to employment, wages, or conditions.

Lockout

A lockout is the temporary closing of the workplace or suspension of work by the employer to compel workers to accept certain terms.

Go-Slow

Go-slow is a form of industrial action where workers deliberately reduce work output without stopping work, making it difficult to quantify and control.

Each of these actions has different legal implications and HR responses.

Legal Framework Governing Strikes and Lockouts

Key legal principles under Indian labour laws include:

• Industrial Disputes Act / Industrial Relations Code – Governs legality, notice requirements, and consequences

• Public Utility Services – Special restrictions apply, including mandatory notice periods

• Standing Orders – Define misconduct, disciplinary action, and procedures

• Court and Tribunal Precedents – Strongly influence interpretation and outcomes

Illegal strikes or lockouts can attract penalties, wage deductions, and disciplinary action, but only if due process is followed.

When Is a Strike or Lockout Legal?

A strike or lockout may be considered illegal if:

• Required notice is not given

• It is declared during the pendency of conciliation or adjudication

• It violates settlement or award conditions

• It breaches standing orders or statutory prohibitions

HR must seek legal validation before taking punitive or strategic steps.

HR’s Immediate Response During a Strike

When a strike begins, HR should prioritise:

• Ensuring safety of people and property

• Maintaining accurate attendance and production records

• Communicating clearly with unions and authorities

• Avoiding provocative actions or statements

• Keeping senior management informed

Early-stage missteps often worsen disputes.

Handling Go-Slow Tactics

Go-slow is particularly challenging because employees remain present but productivity suffers.

HR approach should include:

• Documenting productivity decline with data

• Issuing written warnings after due verification

• Engaging union representatives formally

• Avoiding blanket accusations without evidence

• Seeking legal advice before wage deductions

Courts generally require clear proof before recognising go-slow as misconduct.

HR’s Role During Lockouts

Before declaring a lockout, HR must ensure:

• Management decision is legally justified

• Notice requirements are met

• Labour authorities are informed

• Internal approvals and documentation are complete

Lockouts should be a last resort, used only when negotiations and conciliation fail.

Post-Industrial Action Recovery

Once normalcy returns, HR must focus on:

• Formal settlement or conciliation closure

• Wage adjustments as per law or agreement

• Restoring discipline without victimisation

• Rebuilding trust with employees and unions

• Reviewing root causes to prevent recurrence

Recovery is as important as response.

Common HR Mistakes During Industrial Action

• Acting emotionally or retaliatorily

• Ignoring legal notice requirements

• Poor documentation of events

• Excessive reliance on verbal instructions

• Inconsistent treatment of employees

Such mistakes weaken the employer’s position legally and industrially.

Conclusion

Strikes, lockouts, and go-slow tactics are high-risk industrial relations events that test HR’s competence and credibility. A measured, legally compliant, and communication-driven approach enables HR to protect organisational interests while preserving long-term industrial harmony.

Factory HR teams that prepare in advance and respond with discipline are far better equipped to manage industrial action effectively.

🗹 HR Checklist: Managing Strikes, Lockouts and Go-Slow

🗹 Verify legality before responding to industrial action
🗹 Maintain detailed attendance and productivity records
🗹 Communicate promptly with unions and labour authorities
🗹 Ensure safety and asset protection
🗹 Avoid unilateral punitive actions without due process
🗹 Seek conciliation and dialogue at early stages
🗹 Document all decisions and communications
🗹 Review causes and strengthen preventive mechanisms

Industrial Action – HR Reference Table

Conclusion--

Effective labour law compliance depends on how well HR operations, payroll, and business processes work together. When compliance is embedded into everyday workflows, organisations reduce risk, improve accuracy, and build sustainable governance systems. HR teams that prioritise integration over isolation are better positioned to manage compliance confidently and consistently.