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Section 121
Can strike for settlement of collective dispute
: (1) If any of the following conditions exist, the collective bargaining committee may strike for settlement of collective dispute:
(a) If the circumstances requiring compulsory arbitration do not exist as per sub-section (1) of section 119,
(b) If the arbitrator does not act as an arbitrator,
(c) If the arbitration cannot be constituted within twenty-one days of the application to the Ministry or if there is no decision that arbitration should be held
(d) If a decision cannot be reached by the arbitrator within the specified period,
(e) refuses to enforce the decision of the arbitrator on behalf of the employer or challenges that decision legally, and
(f) If any party disagrees with the decision of the arbitrator in accordance with sub-section (2) of section 122 except for compulsory arbitration.
(2) If you want to go on strike according to sub-section (1), a written notice with your demand and claim should be given to the employer including the date of commencement of the strike thirty days in advance and the same information should also be given to the local administration and the relevant labor office.
(3) Notwithstanding anything written elsewhere in this Act, after giving notice of a strike in accordance with sub-section (2) or after the commencement of a strike, if the Ministry orders the settlement of the dispute through arbitration in accordance with sub-section (2) of section 119, such strike shall be suspended and the arbitration process shall be joined.
(4) Regardless of what is written elsewhere in this section, the workers assigned to the duty, guard and security of the establishment will not be allowed to participate in the strike during the time they are assigned to their work and do the work according to section 125.