Law relating to ‘Cessation of Work’ in India and US: A Comparative Analysis

Strikes have played a critical role in shaping the employer-employee relations and management of Industrial affairs with equal bargaining power. ‘Right to Strike’ undoubtedly safeguards the working class against exploitation by any employer while employing them in harsh conditions or depriving them of their legal rights. In this research paper, author has endeavoured to present a comparative analysis of the legal frameworks governing the cessation of work i.e., ‘Strike’ in India and the United States while focusing on the implications of strikes and consequential labour rights. It highlights the historical significance of strikes in shaping employer-employee relations and the evolving legal landscape that has affected their relevance over time. The paper also addresses the societal impact of strikes, suggesting that the public often bears the brunt of labour disputes. While examining the Indian legal framework upon the anvil of labour welfare, author has emphasised upon the complexities surrounding the legality of strikes and the consequences workers face, such as loss of wages during strike periods. The research paper also discusses the enforcement of the National Labor Relations Act (NLRA) in the US and its shortcomings in protecting the right to strike. Author has analysed how the ‘right to strike’ is often undermined by the Mackay doctrine that allows employers to hire permanent replacements for striking workers. This aspect raises concerns about the effectiveness of strikes as a tool for workers seeking better conditions and pay in US. Ultimately, the research paper underscores the need for a nuanced understanding of labour rights and the challenges faced by workers in both jurisdictions, advocating for reforms that enhance protections for employees engaging in collective actions.