hrm - excel books - chapter 26
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INDUSTRIAL
RELATIONS AND
INDUSTRIAL
DISPUTES
EXCEL BOOKS26-1
26Chapter
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ANNOTATED OUTLINE
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INTRODUCTIONThe term industrial relations refers to the collective relations
between employers and employees as a group. It underscores the
importance of compromise and accommodation in place of conflict
and controversy in resolving disputes between labour and
management.
Industrial Relations And Industrial Disputes
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Employer-employee interactions
Web of rules
Multidimensional
Dynamic and changing
Spirit of compromise and accommodation
Government's role
Wide coverage
Interactive and consultative in nature
Industrial Relations: Features
Industrial Relations And Industrial Disputes
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Industrial relations are influenced by various factors viz., institutional
factors, economic factors and technological factors.
1. Institutional factors: These factors include government policy,
labour legislation, voluntary courts, collective agreements,
employee courts, employers federations, social institutions likecommunity, caste, joint family, creed, system of beliefs, attitudes
of workers, system of power, status, etc.
2. Economic factors: These factors include economic organisations,
like capitalist, communist, mixed, etc., the structure of labour force,
demand for and supply of labour force, etc..
3. Technological factors: These factors include mechanisation,
automation, rationalisation, computerisation etc.
Major factors influencing industrial
relations
Industrial Relations And Industrial Disputes
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Industrial relations: major influences
Industrial Relations And Industrial Disputes
Gover ent R les,
A r s, Policies
Industri l
Rel tions
E loyeesE loyer
Tr de UnionsE loyers
Associ tionsUs es, customers, tr ditions it in
a country
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Objectives of industrial relations
Enhance the economic position of the worker
Minimise conflicts and to the extent possible, avoid conflicts and
their negative consequences
llow workers to have a say in important decisions affecting their
lives
esolve knotty issues through consultation and negotiation
Encourage and develop trade unions in order to improve the
workers' collective strength
ave the way for industrial democracy.
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There are five approaches to study industrial relations, namely:
Psychological approach
Sociological approach
Human relations approach
Giri's approach
Gandhian approach
H D approach
The H D approach recognises employees as invaluable assets in an
organisation and emphasizes that they can be developed to an
unlimited extent with proper incentives, atmosphere and treatment.
Approaches To Industrial Relations
Industrial Relations And Industrial Disputes
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Basic assumptions of IndustrialRelations and HRD
Industrial Relations And Industrial Disputes
Industrial Relations HRD
Employee-employer relations are contractual P ilosophy Employer-employee relations should be based
and enveloped by economic factors on trust, understanding and openness
The emphasis is on extrinsic
Rewards
Intrinsic rewards spur people to
rew ards superior performance
The focus is not on developing Focus evelop the employee through HR initiatives:
the employee. caring, counselling, mentoring, helping, coaching.
Follow the code book and put out Orientation Preventive, collaborative approach
the fires as uickly as you can where relations mattermost and not rules.
Pluralist Nature of Relations Unitarist
anagerial task vis-a-vis labour onitoring Nurturing, caring, helpful
Institutionalised, unhealthy and is at the core of Conflict Conflict could be functional, stimulating and healthy
industrial relations, reach temporary truces ifused properly; manage climate and culture.
Restricted flow Communication Increased flow
Division of labour Job design Teamwork
Negotiation Managerial skills Facilitation
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Importance and essential conditions
Sound industrial relations are essential for ensuring industrial peace andimproved productivity. ordial labour management relations enable theemployer to secure cooperation and commitment from employees quiteeasily. It is not, however, easy to promote and maintain sound industrialrelations. ertain conditions should exist for the maintenance of harmoniousindustrial relations:
Existence of strong, well organised and democratic employees' unions
Existence of sound and organised employers' unions
Spirit of collective bargaining and willingness to resort to voluntarynegotiations
Maintenance of industrial peace
Establish machinery for prevention and settlement of disputes
Provision for bipartite and tripartite committees to evolve properpersonnel policies
Establish committees to evaluate collective bargaining agreements
reate proper legal mechanisms to settle disputes quickly and easily.
Industrial Relations And Industrial Disputes
Sound Industrial Relations:
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Industrial conflicts constitute militant and organised protests against
existing industrial conditions. They are symptoms of industrial unrest.
The term industrial dispute as described in the Industrial Disputes
ct, 1947 is characterised by the following features
Industrial Relations And Industrial Disputes
Industrial Conflict: Forms And Causes
Features of the term industrialdispute There should be a difference or dispute
The dispute could be between employer-employer, employee-employee or
employer-employee
The dispute must pertain to some work-related issue
The dispute must be raised by a group or class of workers. For example the
dispute between one or two workers and the respective employer is not an
industrial dispute
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Forms of Industrial Disputes
Strikes: These are collective stoppages of work by workers.
Sympathetic strike
General strike
Unofficial strike
Sectional strike
Bumper strike
Sit down strike
Slow down strike
Lightning strike
Hunger strike
Industrial Relations And Industrial Disputes
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Lock outs: Closing down of an undertaking or the suspension of
work or the refusal of an employer to continue to employ any
number of persons employed by him is known as 'lock out'.
Gherao: Gherao means to surround. In this method, a group of
workers initiate collective action aimed at preventing members ofthe management from leaving the office.
Picketing and Boycott: When picketing workers often carry or
display signs, banners and placards, prevent others from
entering the place of work and persuade others to join the strike.
Boycott aims at disrupting the normal functioning of an
enterprise.
Industrial Relations And Industrial Disputes
Forms of Industrial Disputes
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Employment-related
ationalisation
dministration-related
ecognition as a bargaining agent Sympathetic strikes
Psychological and social issues
Institutional causes
Political causes
Causes of Industrial Disputes
Industrial Relations And Industrial Disputes
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Machinery For The Settlement ofIndustrial Disputes In India
When the relationship between the parties is not cordial, discontentment
develops and conflicts erupt abruptly. It is not always easy to put out the
fires with the existing dispute-settlement machinery, created by the
government. Hence both labour and management must appreciate the
importance of openness, trust and collaboration their day-to-day dealings.
Industrial Relations And Industrial Disputes
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Machinery for Prevention andSettlement of Industrial Disputes
Industrial Relations And Industrial Disputes
Machinery forprevention and settlement ofdisputes
Volunt r M t ods
Collective Bargaining
Trade Unions
Joint consultations
tanding Orders
Grievance Procedure
Code ofDiscipline
overn ent M iner
Labour Adm in istrat ion
Machinery
State Level
Central Level
St tutor Measures
orks Committees
Conciliation
( A) C.Officer
(B) C. Board
Arbitration
Adjudication
(a ) Labour Courts
(b) Industrial Tribunals
(c) National Tribunals
Industria
lDisputes
Act,
State
Ac
ts
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Industrial Relations And Industrial Disputes
Machinery For The Settlement ofIndustrial Disputes In India
Works committees: As per the Industrial Disputes Act, 1947, works
committees have to be set up all those industrial units which employ 100 or
more persons. It is basically a consultative body
Giving greater participation to workers
Ensuring close interaction between labour and management
Generating cooperative atmosphere for negotiation between
parties
pening the doors to unions to have a clear view of what is going
on within the unit
Strengthening the spirit of voluntary settlement of disputes
Joint anagement Councils: The JMC normally consists of equal
number of representatives of workers and employers looking after three
things: information sharing, consultative and administrative matters relating
to welfare, safety, training etc and the formulation of standing orders.(of
course, without encroaching on the jurisdiction of works committees)
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Standing orders: These are the rules and regulations which
govern the conditions of employment of workers. The Industrial
Employment (standing orders) Act of 1946 provides for the framing
of standing orders in all industrial undertakings employing 100 or more
workers.
Grievance procedure: Amodel grievance procedure as suggested bythe Indian LabourConference, 1958 has more or less been widely
accepted in India now.
Code of discipline: It consists of a set of self-imposed obligations
voluntarily formulated by the central organisation of workers and
employers.
Industrial Relations And Industrial Disputes
Machinery For The Settlement ofIndustrial Disputes In India
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Industrial Disputes: SettlementMachinery
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Industrial Relations And Industrial Disputes
Conciliation: The practice by which the services of a neutral third party
are used in a dispute as a means of helping the disputing parties to
reduce the extent of their differences and to arrive at an amicable
settlement or agreed solution.
Conciliation officer: an authority appointed by the government to
mediate disputes between parties brought to his notice; enjoying thepowers of a civil court. He is supposed to give judgement within 14
days of the commencement of the conciliation proceedings.
Board of conciliation: The Board is an adhoc, tripartite body having
the powers of a civil court created for a specific dispute(when the
conciliation officer fails to resolve disputes within a time frame, the
board is appointed) Court of enquiry: In case the conciliation proceedings fail to resolve a
dispute, a court of enquiry is constituted by the government to
investigate the dispute and submit the report within six months.
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Industrial Relations And Industrial Disputes
Voluntary arbitration: It is he process in which the disputing parties
show willingness to go to an arbitrator(a third party) and submit to his
decision voluntarily.
Adjudication: It is the process of settling disputes compulsorily
through the intervention of a third party appointed by the
Government. The Industrial Disputes Act provides a three-tieradjudication machinery consisting of:
Labour court
Industrial tribunal
ational tribunal
Machinery For The Settlement ofIndustrial Disputes In India
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