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TRANSCRIPT
Notes: 403 Employment Relations
By:
Dr.Deepali S.Patil
Dnyansagar Institute of Management and Research
Unit no.1: Conceptual Framework of ER
• Concept, Philosophy,
Approaches of ER –
• The Dunlop’s Approach ,
• The Social Action Approach, The Social Action Approach,
• The Human Relations Approach,
• The Gandhian Approach,
• Evaluation of ER
• Constitutional & Legal framework of Industrial
Relations
The employment relationship is the legal link between employers and
employees. It exists when a person performs work or services under certain
conditions in return for remuneration.
Employee relations replaces the term industrial relation and covers much more
than just the collective relationships between employers and their workforce.
Whereas, previously, the focus fell on the influence of trade unions and
collective workforce rights, a long-awaited shift towards individual workplace
rights without membership is finally gaining traction.
Actors in Industrial Relations
Workers
(Trade Union)
Industrial
Government
(Society)
Employers (
Employers
Association)
Industrial
relations
(IR)
Employer associations
• The main function of employer associations is
to represent employers in collective
bargaining negotiations. Such representationbargaining negotiations. Such representation
is optional for employers under the Law on
Unions and Collective Bargaining Agreements
although it is compulsory for employees
Role of trade union
• The main role of trade union is to ensure the
welfare of its members such as safeguarding
the interests of its members, protecting the
reliability of its trade, achieving higher wages reliability of its trade, achieving higher wages
by securing economic benefits.
Role of court and tribunal
• The court is a tribunal which can be presided
over by a judge, several judges or a
magistrate, and is tasked with hearing and
giving out judgement in civil and criminalgiving out judgement in civil and criminal
cases. It is part of the judiciary arm of the
government whose role is to ensure that laws
are adhered to or followed strictly
•Institutional factor
•Economic factors
•Technological factors•Technological factors
•Psychological factors
•Political and legal
factors
•Global factors
• Technological factor:
• it include automation, computerization, high degree
of modernization, sci. mgmt.
• Since these factors have a direct influence on
employment status, wage level, collective bargaining
process in an organization.process in an organization.
• Employee relations includes:
• working conditions, pay and benefits – (traditional
issues associated with trade unions and collective
workplace rights);
• work-life balance, rewards and recognition - (more
culture-led and leadership dependent).culture-led and leadership dependent).
• The key thing is managing those relations well. Whether you’re a business
owner, line manager or HR consultant, our Culture Economy Report shows
that fostering positive relations improves business performance.
• Definition’s:
Employment relation can be defining as employer and
employees relationship in a formal and informal nature that
arises between management and employee interactions in all
working situation.
• According to Armstrong (2003),
Employee relations consist of all those areas of humanEmployee relations consist of all those areas of human
resource management that deals with employees directly and
through collective agreements where trade unions are
recognised. The union practices for the welfare and good
working condition of the employees. Employee relations are
concerned with generally managing the relationship between
employer and employees at the workplace that can be formal
e.g. contract of employment or procedural agreement.
• Importance of Employee Relation
• Encourage good organizational climate, mutual understanding
and cooperation.
• There is a clear and fair policy in solving the problems of the
organization.
• Employee relation treats people as valuable assets.
• There is a equitable, fair and transparent treatment of
employees.employees.
• There is an effective communication throughout the
organization.
• Employee Relations Philosophy:
• In order to create an atmosphere favorable to effective employee relations
organization through following objectives:
• Equal Employment Opportunity
• Opportunity for Advancement
• Diversity
• Open Dialog Safe Workplace Safe Workplace
• Compensation
• Evaluation of ER :a. Indusrial relations under
british rule
-Colonial market emerged for british goods.
-cotton mill estd in mumbai 1853 and kolkata 1855
-Tata iron & steel estd 1911
-Still worker s cond. Very harsh, low wage,
disputes invoved
-Factory act 1881 was enacted
b. Industrial relation in first
worldwar
Ist world war was opportunity to disgust for local
factories in india
•Worker’s compensation act 1923•Worker’s compensation act 1923
•Trade union act 1926
•Industrial employment act 1946
•Industrial dispute act 1947 were estd.
c. Post independence -Post independence era saw developing relation
between industry and labour
-Minimum wages act
-Factory act
-Employee state insurance act estd.
Ensured peace between industry and labour
Now Modern IR became dynamic.
• Approaches of ER –Industrial conflicts are the results of several socio-economic,
psychological and political factors.
• The Dunlop’s Approach ,
• The Social Action Approach, • The Social Action Approach,
• The Human Relations Approach,
• The Gandhian Approach
,
Psychological approach:
The problems of IR have their origin in the perceptions of the management,
unions and the workers.unions and the workers.
• The conflicts between labour and management occur because every
group negatively perceives the behavior of the other i.e. even the honest
intention of the other party so looked at with suspicion.
• (i.e organization have different individual & group personalities, family
background , education , these difference create problem among them &
competing each others)
Sociological approach:A no. of sociological factors such as the value system, customs, & traditions
affect the relations between labour & management.
• such as urbanization,
• social mobility,• social mobility,
• housing and transport problem in industrial areas, disintegration of family
structure,
• stress, etc. Such sociological changes impact industrial life
Gandhian approach:
• Gandhiji can be called one of the greatest labour leaders of modernIndia.
• He also appealed to the workers to behave as trustees, not to regard• He also appealed to the workers to behave as trustees, not to regardthe mill and machinery as belonging to the exploiting agents but toregard them as their own, protect them and put to the best use theycan.
• In short, the theory of trusteeship is based on the view that all formsof property and human accomplishments are gifts of nature and assuch, they belong not to any one individual but to society.
•
Dunlop's approach:
•
• This also known systems theory. John Dunlop developed it in 1958.
The theory attempts to provide tools of analysis for interpretation of
industrial relations facts and activities.
• The Dunlop’s model gives great significance to external or environmentalforces. In other words, management, labor, and the government possess ashared ideology that defines their roles within the relationship andprovides stability to the system.
Giri approach:
Acc. To V.V.Giri (former president of India) collective bargaining & joint
negotiations be used to settle dispute between labour & management.
Outside inference must be avoided at all costs while resolving differencesOutside inference must be avoided at all costs while resolving differences
between the parties.
TU should use voluntary arbitration in place of compulsory adjudication to
resolve disputes.
Giri observed there should be bipartite machinery in every industry to
settle differences from time to time with active support of govt. & there
should not outside interference upon industrial peace.
• Evaluation of ER :a. Indusrial relations under
british rule
-Colonial market emerged for british goods.
-cotton mill estd in mumbai 1853 and kolkata 1855
-Tata iron & steel estd 1911
-Still worker s cond. Very harsh, low wage,
disputes invoved
-Factory act 1881 was enacted
b. Industrial relation in first
worldwar
Ist world war was opportunity to disgust for local
factories in india
•Worker’s compensation act 1923•Worker’s compensation act 1923
•Trade union act 1926
•Industrial employment act 1946
•Industrial dispute act 1947 were estd.
c. Post independence -Post independence era saw developing relation
between industry and labour
-Minimum wages act
-Factory act
-Employee state insurance act estd.
Ensured peace between industry and labour
Now Modern IR became dynamic.
legal framework of IR in India:
• The trade union act,1926
• The industrial employment act 1946
• The industrial Dispute Act, 1947
• Employee State Insurance Act 1948
• Minimum Wages Act 1948:• Minimum Wages Act 1948:
• The factories act 1948
• The payment of bonus act 1965
Through Indian constitution the govt. of india have enacted various laws for
regulating the industrial relation.
legal framework of IR in India:
The trade union act,1926
Act legalize the formation of trade unions by granting to
workmen their rights of association & organizing union.
The industrial employment act 1946:
Act deal with the conditions of employment of workers in anAct deal with the conditions of employment of workers in an
industrial establishment.
The industrial Dispute Act, 1947:
An act that is meant to resolve disputes between ‘Employer
and Employees’, ‘Employees and Employees’, ‘Employer and
Employer’ within positive contexts are set out in the Act.
Employee State Insurance Act 1948:
It’s a Social security legislation’ with highly worthy intent and purpose,
legislated by the parliament.
the mechanism for ensuring delivery of various benefits from this Act to the
workers and their family members
Payment of wages act 1936:
Under this act he employers determined he mode and manner of wage
payment as they liked.
Minimum Wages Act 1948:
It seeks to care for the welfares of labour. However, unfair labour practices
prevail in spite of this piece of legislation.
Employees’ Provident fund and Miscellaneous Act 1952:
It is a social security legislation that puts the obligation of responsibility on
the employees’ Provident Fund Organization (EPFO) to ensure security for
the future of the employees. By nature, it is proactive in its intent and
purpose
• Factories act 1948:
Aim is to secure health, safety, welfare, proper working hours,
leave and other benefit for workers employed in factories.leave and other benefit for workers employed in factories.
Payment of bonus act,1965
Act aims to outline the principles of payment of bonus acc. to
perfect formula and to provide machinery for enforcement of
bonus. (Min- 8.33%& max 20% of basic)
Unit no.2: Industrial Relations Laws
2.1 The Industrial Disputes Act 1947: Sections # 2to 19
Provisions under Chapter V, VA, VC and chapter VI, VII.
2.2 Industrial Employment (Standing Orders) Act
1946: Section # 2,3,5,6,7,9,10,11, 12,13,14 1946: Section # 2,3,5,6,7,9,10,11, 12,13,14
2.3 The Contract Labour (Regulation and Abolition)
Act 1970 Section# 2 and all provisions under Chapter
III,IV,V,VI,and VII
Elements of ID
2.1 The Industrial Disputes Act 1947
� Definition of Industrial Dispute falls easily into three parts
� There must be a dispute or differences;
� The dispute or difference must be between employers
and employers, or between employers and workmen, or and employers, or between employers and workmen, or
between workmen and workmen;
� The dispute or difference must be connected with the
employment or non-employment or the terms of
employment or with the conditions of labour of any
person.
• en.wikipedia.org
Appropriate Government [section 2(a)]– means the Central Government in
relation to
Any industry carried-on:
� By or under the authority of the central government, or
� By a railway company, or
� Concerning any such controlled industry as may be specified in this
behalf by the central government.
Average pay [section 2(aaa)]- “Average Pay” means the average of
monthly paid workman:
� In the case of monthly paid workman, in the three complete calendar
months;
� In the case of weekly paid, workman, in the four complete weeks;
� In the case of daily paid workman, in the twelve full working days.
• Award [Section 2(b)]- “Award” means an interim or a final
determination of any Industrial dispute or of any question
relating thereto by any Labour Court, Industrial Tribunal or
Nation Industrial Tribunal and includes an arbitration award
made under Section 10-A
• Board [Section 2(c)]- “Board” means a Board of Conciliation
constituted under the Act.
• Closure [Section 2(cc)]- “Closure” as the permanent closing
down of a place of employment or thereof.
• Conciliation Officer [Section 2(d)]- “Conciliation Officer” means a Conciliation Officer appointed under the Act.
• Conciliation Proceeding [Section 2(e)]- “Conciliation Proceeding” means any proceeding held by a Conciliation Officer or Board of Conciliation under the Act.
• Court [Section 2(f)]- “Court” means a Court of Inquiry constituted under the Act.
• Industrial Dispute: means any dispute between employers and employers, employers and workmen and between workmen and workmen; which is connected with employment or non employment or the terms of employment.
• Employer [Section 2(g)]- “Employer” means in relation to an industry:
Carried-on by or under the authority of any department of the Central
Government or a State Government, the authority prescribed in this behalf;
or where no authority is prescribed, the head of the department; Carried-on
by or on behalf of a local authority, the chief executive office of that authority.
• Wages [Section 2(rr)]- “Wages”means a remuneration payable to • Wages [Section 2(rr)]- “Wages”means a remuneration payable to
workman in respect of his employment being expressed in terms of money,
and includes:
� Allowances
� Value of house accommodation
� Any travelling concession
� Any commission payable on the promotion of sales or business or both
• Workmen [Section 2(s)]- “Workman” means any person
employed in any industrial establishment to do any skilled or
unskilled manual, supervisory, technical or clerical work for
hire or reward, whether the terms of employment be
expressed or implied.
INTEREST
DISPUTES
RIGHTS
DISPUTES
RECOGNITION
DISPUTES
DISPUTES OVER
UNFAIR LABOUR
PRACTICESWhatishumanresource.com
ECONOMIC FACTORS
NON-ECONOMIC FACTORS
MANAGEMENT PRACTICES TRADE MANAGEMENT PRACTICES TRADE
UNION PRACTICES
LEGAL AND POLITICAL FACTORS
Yourarticlelibrary.com
• ‘Authorities under the Act
• Chapter II
Intends prevention and settlement of ID through variousauthorities with sufficient power, authorities are both internal&external
A)Voluntary settlement and conciliation agencies
• Grievance redressed committee
• Work committee (Sec 3)
• Conciliation officer (Sec 4)
• Board of conciliation (Sec 5)
• Court of inquiry (Sec 6)
B) Adjudication machinery:
i) Labour Courts (sec 7)
ii)Industrial Tribunals(7A)
iii)National tribunals(7B)
WORKS COMMITTEE [Sec. 3]:
• In the case of an industrial establishment in which 100 or
more workmen are employed, the appropriate Government
may require the employer to constitute a 'Work Committee'.
It consists of equal number of representatives of employers
and workmen engaged in the establishment. Theand workmen engaged in the establishment. The
representatives of the workmen shall be chosen from
amongst the workmen engaged in the establishment and in
consultation with the registered trade union, if any. Works
committee deals with the workers problem arising day to day
in the industrial establishment.
CONCILIATION OFFICER [Sec. 4]:
• The appropriate Government is empowered to appoint any number of persons, as it thinks fit, to be conciliation officers. The conciliation officer having duty of mediating and acts as the mediators in between the parties to resolve the dispute.
In the case of public utility services matters like strikes and lockouts the conciliation officer can initiate the conciliation proceeding ad tries to settle the dispute in between the parties.tries to settle the dispute in between the parties.
If the conciliation officer fails to resolve the dispute between the parties, he should report to the appropriate government. If necessary the dispute shall be referred to the Board, Labour Court, Tribunal or National Tribunal, by the appropriate government. [Sec 12 (5)]
Duties of conciliation officers. [Sec 12]
Hold conciliation proceedings relating to Strikes and lockouts procedural matters of public utility services.
• Investigate the matters of the disputes.
• Conciliation officers shall induce the parties to come to a fair and amicable settlement of the dispute.
• Duty to send the report of settlement of dispute and memorandum of the • Duty to send the report of settlement of dispute and memorandum of the settlement signed by the parties to the dispute to the government or his superior.
• In case of failure of settlement of dispute in between parties, duty to send them to the government or his superior, report of facts and circumstances relating to the disputes and in his opinion, a settlement could not be arrived at,
• Duty to send the report to the government or his superior within 14 days from the commencement of the proceeding. or within such shorter period as may be fixed by the appropriate Government
CONCILIATION BOARD [Sec. 5]
• as occasion arises appropriate Government is also authorisedto constitute a Board of conciliation for promoting the settlement of an industrial dispute. It consists of a chairman who shall be an independent person, and two or four other members. The members appointed shall be in equal numbers to represent the parties to the dispute. On the dispute being to represent the parties to the dispute. On the dispute being referred to the Board it is the duty of the Board to do all things as it thinks fit for the purpose of inducing the parties to come to fair and amicable settlement.
If there are many parties relating to or in the dispute the government may appoint the conciliation board consisting of the above said members
Duties of board. [Sec 13]
• it shall be the duty of the Board to endeavor to bring about a settlement of dispute.
• Investigate the matters relating to the dispute between parties and inducing the parties to come to a fair and amicable settlement of the dispute.
• In case of failure of settlement of dispute in between parties, duty to send to the government the report of facts and duty to send to the government the report of facts and circumstances relating to the disputes and board opinion, a settlement could not be arrived at,
• The Board shall submit its report under this section within 2 months of the date on which the dispute was referred to it or within such shorter period as may be fixed by the appropriate Government.
COURT OF ENQUIRY [Sec. 6]
• as occasion arises, Government can initiate a Court of Inquiry. This Court of Inquiry was to find out matters connected with or relevant to an industrial dispute. Where a Court consists of two or more members, one of them shall be appointed as the chairman.appointed as the chairman.
A Court of Inquiry looks into only matters which are referred to it by Government and submits its report to the Government ordinarily within certain period from the date of reference.
ADJUDICATION
Labour Court [Sec. 7
• A Labour Court consists of one person only. A person is qualified to be appointed as
presiding officer of a Labour Court, if:
(a) he is, or has been a judge of a High Court, or
(b) he has been a District judge or an Additional District judge for at least three years, or
(c) he has held the office of the chairman or any other member of the Labour Appellate
Tribunal or of any Tribunal for at least two years, orTribunal or of any Tribunal for at least two years, or
(d) he has held any judicial office in India for not less than seven years, or
(e) he has been the presiding officer of a Labour Court constituted under any Provincial Act
or State Act for at least five years.
(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of
the State Labour Department , having a degree in law and at least 7 years’ experience in the
labour department after having acquired degree in law including three years of experience
as Conciliation Officer:
Industrial Tribunal [Sec. 7A]:
he appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule and for performing such other functions as may be assigned to them under this Act.
• A Tribunal consists of one person only.• A Tribunal consists of one person only.
For appointment as the presiding officer of a Tribunalhe is, or has been, a Judge of a High Court; or
• he has, for a period of not less than 3 years, been a District Judge or an Additional District Judge;
• he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department,
National Tribunal [Sec. 7 (B)]:
• The Central Government may, by notification in the Official
Gazette, constitute one or more National Industrial Tribunals.
Its main function is the adjudication of industrial disputes
which involve questions of national importance or affecting
the interest of two or more States.the interest of two or more States.
Chapter IIA - Notice of change [Section 9A.]
• No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,-
(a) without giving to the workmen likely to be affected by such change a notice in the (a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or
(b) within twenty-one days of giving such notice:
ARBITRATION
• an arbitrator is appointed by the Government. Whether the dispute is
before Labour Court, or Industrial Tribunal or National Tribunal, the parties
can go to arbitration by written agreement. The arbitrators conduct the
investigation in to the dispute matters and give arbitration award (final
decision or settlement or decree) as for making reference of an industrial
dispute. If an industrial dispute exists or is apprehended and the employer dispute. If an industrial dispute exists or is apprehended and the employer
and the workman agree to refer the dispute to an arbitration, they may
refer the dispute to an arbitration. But such reference shall be made
before the dispute has been referred under Sec. 19 to a Labour Court or
Tribunal or National Tribunal by a written agreement. The arbitrator may
be appointed singly or more than one in number. The arbitrator or
arbitrators shall investigate the dispute and submit to the appropriate
Government the arbitration award signed by the arbitrator or all the
arbitrators, as the case may be.
Grievance procedure
• Grievance Settlement Machinery [Sec. 9 (c)]:
• This Section is incorporated as a new chapter II B of the Act. As per this Section, the employer in relation to every industrial establishment in which fifty or more workmen are employed or have been employed on any day in the preceding twelve months, shall provide for, in accordance with the rules made in that behalf under this Act, a Grievances Settlement Authority.every industrial establishment employing 20 or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.disputes arising out of individual grievances.
• The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen.
• The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year.
• The total number of members of the Grievance Redressal Committee shall not exceed more than 6:
AWARDS [Secs 16, 17, 17A]
• The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be signed by its presiding officer. [Sec 16(2)].
• Every arbitration award and every award of a Labour Court, Tribunal or National Tribunal shall, within a period of 30 days from the date of its receipt by the appropriate Government, be published in such manner as the appropriate Government from the date of its receipt by the appropriate Government, be published in such manner as the appropriate Government thinks fit. [Sec 17(1)].
• The award published shall be final and shall not be called in question by any Court in any manner whatsoever. [Sec 17 (2)].
• An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication [Sec 17A (1)].
Strike
� A strike is a spontaneous and concerted withdrawal of labour from production
temporarily.
� A collective stoppage of work by a group of workers for pressuring their employers to
accept certain demands.
According to section 2(q) ,̋ strike means a cessation of work by a body of persons
employed in any industry acting in combination, or a concerted refusal under a common employed in any industry acting in combination, or a concerted refusal under a common
understanding of a number of persons who are or have been so employs to continue to
work or to accept employmentʺ
Strike
ʺLock-outmeans the temporary closing of a place of employment or he suspension of
work, or the refusal by an employer to continue to employ any number of
person employed by himʺ
Lay-Offs
• According to section 25A of chapter VA of Industrial Dispute Act 1947, certain establishments do not have any provisions relating to layoff of the employees by the employer. In such circumstances, layoff would be considered without any authority of law.
• Such establishments are:Industrial establishments in which less than 50 workmen are employed, on an average per working day.
• Industrial establishments which are of a seasonal character and in which work is performed only intermittently.
Retrenchment
• [Section 2(oo)]"retrenchments" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include-
(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or43[(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation on that behalf contained therein; or](c) termination of the service of a workman on the ground of continued ill-health;]
2.2 Industrial Employment (Standing Orders) Act 1946:
Section # 2,3,5,6,7,9,10,11, 12,13,14
• Steps under act:
• Standing order
• Applicability
• Certifying officer
• Submission of draft standing orders• Submission of draft standing orders
• Certification of standing order
• Appeal
• Date of operation of standing order
• Duration and modification of standing order
• Penalties
� Introduction� There was no uniformity in the conditions of service of
workers until this act was brought
� The frequent causes of friction b/w management & workers inindustrial undertaking in India were mainly, due to absence ofclear cut employment condition known to the workers
� This is why – The Labor investigation committee 1944-46observed: “ An Industrial worker has the right to know theThis is why – The Labor investigation committee 1944-46observed: “ An Industrial worker has the right to know theTerms & condition which he is expected to follow”
� And consensus of opinion in favor of separate central lawmaking it obligatory on the part of employer in the countryto frame & enforce with the approval of Govt -Defining the Employment condition.
Conditions of employment differ at
Org A& Org B
WAYS TO MAINTAIN EMPLOYMENT CONDITIONS OF
SERVICE IN UNIFORMALY
Industrial employment
Conditions of Service
1.Written 2.Uniformity 3.Industrial Peace 4.No change of1.Written 2.Uniformity 3.Industrial Peace 4.No change of
detriment of labour
Objectives
Standing orders
� Object
� To minimize Industrial conflict
- To foster harmonious relation between employers & employee
- To require workers to define the condition of workers
� Scope & Applicability
- This Act apply to the whole of India
- It applies to every industrial establishment wherein 100 moreestablishment wherein 100 more
• workmen are employed or , were employed on any
• day of the preceding 12 Month
• 13-B.Act not apply to certain industrial establishments.—
• To which the provisions of Chapter7 of the Bombay Industrial Relation
Act, 19746 or Madhya Pradesh Industrial Employment ( Standing Order)
1961 are applicable(Section 1)
• Definitions:� Certifying officer
• It means labor Commissioner who is appointed by the
appropriate Govt for the purpose of certifying the S.O
� Appellate Authority
• It refers to an authority which is appointed by the Govt for the • It refers to an authority which is appointed by the Govt for the
purpose of seeing to & appeal provided by the employer or
any of the workmen
� Standing Order
• The rules pertaining to working of establishment to be
submitted by Employer
• Procedure, certification , Modification , Appeal:
With in 6 months from the date on which this Act is
applicable to an industrial establishment :
the employer of an industrial establishment is
required to submit to the certifying officer five
copies of the draft standing orders proposed to becopies of the draft standing orders proposed to be
adopted by him in his industrial establishment
together with the prescribed particulars( Form 1) of
workmen, employed and name of trade union if
any to which they belong. (Section 3)
� On receipt of the draft, the certifying officer shall forward a( Form
2) copy thereof to the trade union, if any, of the workmen or
• to the workmen requiring objections if any, which the workmen
may desire to make to the draft standing orders to be submitted by
him within 15 days from the receipt of the notice.
• Then the certifying officer shall decide whether or not any
modification or addition to the draft is necessary to render it
certifiable under the Act and shall make an order in writing.certifiable under the Act and shall make an order in writing.
� The Certifying Officer shall there upon certify the draft standing
orders and shall send within 7 days copies of the certified
standing orders to the employer and to the trade union or
representative of the workmen. (Section 5)
• Appeal:
� Any employer, workman, trade union aggrieved by theorder of the certifying officer, may within 30 days appeal to the appellate authority, whose decision shall be final. (Section 6)
� The appellate authority shall within 7 days of its order send copies to the certifying officer, to the employer and to the trade union copies of the standing orders as to the trade union copies of the standing orders as certified by it and authenticated in the prescribed manner. (Section 6)
� The appellate authority has no power to set aside the order of the Certifying Officer. It can confirm or amend the Standing Orders.
• Date of Operation of Standing Orders:
• Standing orders, will unless an appeal is
preferred, come into operation on the expiry
of 30 days from the date on which the
authenticated copies of the same are sent or
where appeal is preferred, on the expiry of 7 where appeal is preferred, on the expiry of 7
days from the date on which copies of order
of the appellate authority are sent (Section 7)
• Register of S.O:
� A copy of all standing orders as finally certified under this Act shall be filed by the Certifying Officer in a register in the prescribed form( form 3)
� It shall furnish a copy of it to any person on payment of the prescribed fees. [Section 8]
• Pasting of S.O
� The text of the standing orders finally certified shall be prominently pasted by the employer in English and in language understood by the majority of the workmen
• on special board to be maintained for that purpose
• at or near the entrance through which the majority of workmen enter the industrial establishment (Section 9)
� When the Standing Orders be Modified
•Under Section 10 (1) Standing orders finally certified
under this Act shall not be modified until the expiry
of six months from the date on which the standing
order or the last modifications thereof come into
operation, unless the agreement provide otherwise.
� Who may apply for modification
•An employer or workmen may apply to the Certifying
Officer to have the standing orders modified. Such
application must be accompanied by five copies of
the modification proposed to be made.
Payment of Subsistence Allowance
(Section 10-A)
� Where the employer suspend the workman pending investigation or• inquiry into complaint or charges of misconduct against the
workman the subsistence allowance shall be payable:
� At the rate of 50% of the wages which the workman was entitled to immediately preceding the date of such suspension for the first 90 days of suspension; anddays of suspension; and
� At the rate of 75% of such wages for the remaining period of suspension if the delay in completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.
� If any dispute arises regarding the subsistence allowance payable to a workman, it may be referred to the Labour Court constituted under I.D. Act, 1947.
� Every certifying officer shall have all the powers of a Civil Court (section 11)
1. receiving evidence
2. administering oaths
3. enforcing the attendance of witness
4. Compelling the discovery and production of
documents it shall be deemed to be a Civil Courtdocuments it shall be deemed to be a Civil Court
• Section 12. Oral evidence in contradiction of Standing order
• Section12 A Temporary application of Model S.O
• Penalties & Procedure (Section 13):
� An employer who fails to submit draft standing orders
• shall be punishable with fine which may extend to 5000 rupees and in
case of a continuing offence with a further fine which may extend to
200 rupees for every day after the first, during which the offence
continues.
� An employer, who does any act in contravention of the standing
orders finally certified under this Act for his industrialorders finally certified under this Act for his industrial
establishment
• shall be punishable with fine which may extend to 100 rupees, in case
of continuing offence with a further fine which may extend to 25
rupees for every day after the first, during which the offence
continues.
Power to make Rules (Section 15)
• Section 15(1) of the Act empowers the appropriate Government to makerules to carry out the purposes of this Act after previous publication byNotification in the Official Gazette.
a) prescribe additional matters to be included in the Schedule, and the
procedure to be followed in modifying standing orders certified under
this Act in accordance with any such addition;
b) set out model standing orders for the purposes of this Act;b) set out model standing orders for the purposes of this Act;
c) prescribe the procedure of Certifying Officers and appellate authorities;
d) prescribe the fee which may be changed for copies of standing orders entered in the register of standing orders;
e) provide for any other matter, which is to be or may be prescribed.
Power to Exempt & Delegation of Power (section 14)
• The appropriate Government may by
notification in the Official Gazette exempt,
conditionally or unconditionally, any industrial
establishment or class of industrial establishment or class of industrial
establishments from all or any of the
provisions of this Act.
Model Standing Order (Schedule)/Matters to be
covered in S.O
2.3 The Contract Labour (Regulation and
Abolition) Act 1970 Section# 2 and all
provisions under Chapter III,IV,V,VI,and VII
• Came in existence 5th sept 170• Came in existence 5th sept 170
• Applicable to whole India including J& k
Sec2
Sec2: Worker
Principle employer
Sec 2 Note :Once applicable shall remain applicable ,if app.gov
wants
Through NIOG- notification in official gazette ,app govt ban or
make it applicable though worker below 20 at both parties.
Casual labour- those who perform on daily basis
Contractor
SEC 3 & 4 Advisory boards:
Chap III: Registration of establishment
Chap IV: Licensing of contractors
CHAP V: WELFARE AND HEALTH OF CONTRACT LABOUR
Note: if regular worker more than 250 & if contract labor more
than 100 est. need to arrange canteen
21. Responsibility for payment of wagesNote: raise complaint toward factory inspector, who’s name is
mentioned on notice board at est.
Cases: based on abolition of contract labour
CHAPTER VI: PENALTIES AND PROCEDURE
CHAPTER VII :MISCELLANEOUS Sec 29: labour exemption act 1988 applicable where 40 or less than 40
labours exist. (Do not need to maintain register or file return)
Sec 29: labour exemption act 1988 applicable where 40 or less
than 40 labours exist. (Do not need to maintain register or file
return)
case based on Sec 29 case 1: contract labour 25 ( sec 29 cover ) & regular 10 =total 35
Ans: so exemption act 188 applicable, because count is below 40Ans: so exemption act 188 applicable, because count is below 40
case2: 60labour=15 CL+45 Regular so it it require to maintain register under
sec 2
Ans: No because CL 15 means contarct labour act is not applicable
Sec 28: Inspector
Rules: Rule came in existence next year of act i.e
contract labour rule in 1971
Unit no.3 Trade Union Act 1926 :
• Section # 2,Chapter II,III and chapter V,
• The Maharashtra Recognition of Trade Unions and
prevention of unfair labour practices Act 71, Section#
3 and the 3 and the
• provisions under chapter II, III, IV, V, VI, VII, VIII, X
Introduction
• Applicable whole of India including J&K
• Came in existence: 25 march 1926
• It is 16th enactment of the year
Once TU do registration it will be considered a separate legal entity.
Fund will come through members contribution
Definitions
Mode of registration
How to apply? & statements
rules
Rescinded: TU itself break rules
Ceases to exist: e.g business group or affiliated TU vanish due
to any reason so register will cancel registration
Sec .28 Time of submission of document will be decided by registrar . This right given by govt
to registrar ,cuz Size of TU varies .It will be mentioned on certificate. Alteration copy need to
send twice in the year. Once any rule altered so within 15 days of alteration and at the end of
year with all documents.
• Maharashtra Recognition of Trade Unions and
prevention of unfair labour practices Act 71,
Section# 3 and the
• provisions under chapter II, III, IV, V, VI, VII,
VIII, XVIII, X
Maharashtra Recognition of Trade Union and Prevention of
Unfair Labour Practices Act 1971
• CHAPTER VI. Unfair-Labour Practices.
• 28. (1) Where any person has engaged in or is engaging in any unfair for
dealing labour practice, then any union or any employee or any employer
or any Investigating Officer may, within ninety days of the occurrence of
such relating to labour practice, file a complaint before the Court
competent to unfair labour deal with such complaint either under section competent to unfair labour deal with such complaint either under section
5, or as e case may be, practices, under section 7, of this Act:
• Provided that, the Court may entertain a complaint after the period of
ninety days from the date of the alleged occurrence, if good and sufficient
reasons are shown by the complainant for the late filing of the complaint.
• (2) The Court shall take a decision on every such complaint as far as
possible within a period of six months from the date of receipt of the
complaint
• (3) On receipt of a complaint under sub-section (1), the Court may, if it so considers necessary, first cause an investigation into the said complaint to be made by the Investigating Officer, and direct that a report in the matter may be submitted by him to the Court, within the period specified in the direction.
• (4) While investigating into any such complaint, the Investigating Officer may visit the undertaking, where the practice alleged is said to have occurred, and make such enquiries as he considers necessary. He may also make efforts to promote settlement of the complaint
• (5) The Investigating Officer shall, after investigating into the complaint under sub-section (4) submit his report to the Court, within the time specified by it, setting out the full facts and circumstances of the case, and the efforts made by him in settling the complaint. The Court shall, on demand and on payment of such fee as may be prescribed by rules, supply a copy of the report to the complainant and the person complained against.
• (6) If, on receipt of the report of the Investigating Officer, the Court finds
that the complaint has not been settled satisfactorily, and that facts and
circumstances of the case require, that the matter should be further
considered by it, the Court shall proceed to consider it, and give its
decision.
• (7) The decision of the Court, which shall be in writing, shall be in the
form of an order. The order of the Court shall be final and shall not be
called in question in any civil or criminal court
• (8)The Court shall cause its order to be published in such manner as
prescribed. the date specified in the order.
• (9) The court shall forward a copy of its order to the state government and
such officers of the state government as may be prescribed.
• An order of the Court shall be binding on—
• (a) all parties to the complaint;
• (b) all parties who were summoned to appear as parties to the complaint,
whether they appear or not, unless the Court is of opinion that they were
improperly made parties ;
• (c) in the case of an employer who is a party to the complaint before such
Court in respect of the undertaking to which the complaint relates, his
heirs, successors or assigns in respect of the undertaking to which the
complaint relates ; and complaint relates ; and
• (d) where the party referred to in clause (a) or clause
• (b) is composed of employees, all persons, who on the date of the
complaint, are employed in the undertaking to which the complaint
relates and all persons who may be subsequently employed in the
undertaking.
Authorities and punishments under the act
Authorities under this act
(1) The State Government shall by notification in the Official Gazette,
constitute an Industrial Court.
(2) The Industrial Court shall consist of not less than three members, one of
whom shall be the President.
(3) Every member of the Industrial Court shall be a person who is not (3) Every member of the Industrial Court shall be a person who is not
connected with the complaint referred to that Court, or with any industry
directly affected by such complaint:
(4) Every member of the Industrial Court shall be a person who is or has
been a judge of a High Court or is eligible for being appointed a Judge of
such Court:
• 5. It shall be the duty of the Industrial Court—
(а) to decide an application by a union for grant of recognition to it;
(b) to decide an application by a union for grant of recognition to it in
place of a union which has already been recognized under this Act;
(c) to decide an application from another union or an employer for
withdrawal or cancellation of the recognition of a union
(d) to decide complaints relating to unfair labour practices except
unfair labour practices falling in item 1 of Schedule IV;
(e) to assign work, and to give directions, to the Investigating Officers
in matters of verification of membership of unions, and
investigation of complaints relating to unfair labour practices ;
(f ) to decide references made to it on any point of law either by any
civil or criminal court; and (g) to decide appeals under section 42
6. The State Government shall, by notification in the Official Gazette,
constitute one or more Labour Courts, having jurisdiction in such
local areas, as may be specified in such notification, and shall
appoint persons having the prescribed qualifications to preside over
such Courts :
7. It shall be the duty of the Labour Court to decide complaints relating
to unfair labour practices described in item 1 of Schedule IV and to
try offences punishable under this Act.
8. The State Government may, by notification in the Official Gazette, 8. The State Government may, by notification in the Official Gazette,
appoint such number of Investigating Officers for any area as it may
consider necessary , to assist the Industrial Court and Labour Courts
in the discharge of their duties.
9. (I) The Investigating Officer shall be under the control of the
Industrial Court, and shall exercise powers and perform duties
imposed on him by the Industrial Court.
(2) It shall be the duty of an Investigating Officer to assist the Industrial
Court in matters of verification of membership of unions, and assist
the Industrial and Labour Courts for investigating into complaints
relating to unfair labour practices.
(3) It shall also be the duty of an Investigating Officer to report to the
Industrial Court, or as the case may be, the Labour Court the Industrial Court, or as the case may be, the Labour Court the
existence of any unfair labour practices in any industry or
undertaking, and the name and address of the persons said to be
engaged in unfair labour practices and any other information which
the Investigating Officer may deem fit to report to the Industrial
Court, or as the case may be, the Labour Court.
Unit no.4 Employee Relations Initiatives
• 4.1 Worker’s Participation in Management,
Concept, evolution, implementation,
Challenges.
• 4.2 Collective Bargaining, Concept, evolution • 4.2 Collective Bargaining, Concept, evolution
and implementation. Study of best practices in
IR
Workers Participation OF Management
Introduction:
• The word ‘participation’ means sharing the decision• The word ‘participation’ means sharing the decision
making power with the lower ranks of the organization in
an appropriate manner.
• Participation makes them more responsible.
Definition:
1) “the participation resulting from practices which
increase the scope for employees share of influence in
decision making at different tries of organizational
hierarchy with related assumption of responsibility”.
- International Institute for Labour Studies
2) “ It is a mental & emotional involvement of a person in a
group situation which encourages him to contribute to
goals & share responsibilities in them”.
- Davis
Evolution of WPM:
• First major step in the direction of wpm in india
was the enactment of the ID Act, 1947.
• Industrial policy resolution 1948 advocated
wpm by suggesting that labour should be in all
matters concerning industrial production.
Objectives:
- for increasing the efficiency of enterprise & establishing
harmonious IR
- Achieving industrial peace & harmony which leads to
higher productivity & increased production
- Developing self management & promoting industrial
democracydemocracy
- Improve quality of working life by allowing the workers
greater influence
- developing social education for promoting unity among
worker & for tapping human talent
Forms of WPM:
Forms of WPM vary from industry to industry & from country
to country.
- Work committee
- Joint mgmt councils- Joint mgmt councils
- Joint & Shop councils
- Unit councils
Challenges in WPM:
1)Conflict of Interest
2)Multiplicity of Trade Unions
3)Lack of Specific Arrangements for Sharing the Gains
4) Lack of Education and Training
5) Unwillingness to participate5) Unwillingness to participate
Collective Bargaining
Collective Bargaining:
Concept:
• Collective bargaining is process of joint decision
making and basically represents a democratic way of life
in industry.
• It is the process of negotiation between firm’s and
workers’ representatives for the purpose of establishing
mutually agreeable conditions of employment.
Definitions:
1) Sydney and Beatrice Webb :
“Collective bargaining is a method by which trade unions
protected and improved the conditions of their members’
working lives.”
2) International Labour Organization :2) International Labour Organization :
“Negotiations about working conditions and terms of
employment between an employer and a group of
employees or one or more employees”
Objectives:
1) To settle dispute relating to wages & working
conditions
2) To protect interest of worker through collective
action
3) Resolve difference between worker and
management through voluntary negotiationmanagement through voluntary negotiation
4) Avoid third party intervention
Essential conditions:
• The five conditions necessary for effective
collective bargaining are as follows:
1. Favorable Political and Social Climate
2. Trade Unions 2. Trade Unions
3. Problem Solving Attitude
4. Availability of Data
5. Continuous Dialogue.
Importance:• 1. From Workers and Trade Union Point of View:
• (i) Trade Unions are the bargaining agents for the workers. Their main function is to protect the economic and non-economic interests of the workers through constructive programmes.
• (ii) Trade Unions may negotiate with the employer for better employment opportunities.
• (iii) It may provide a feeling of job-security to the workers • (iii) It may provide a feeling of job-security to the workers through collective-bargaining.
• (iv) It may compel the management not to indulge in the practices of victimization and exploitation.
• (v) It may also satisfy the ego of the workers by introducing schemes of worker’s participation in management.
• (vi)It may develop a feeling of co-operation and co-ordination among the workers and between employer and employees.
• 2. From Management Point of View:
• (i) Through collective bargaining the management has to ensure that there is maximum utilization of worker for an efficient management growth and prosperity.
• (ii) Collective bargaining is the only way to improve industrial relations and to have cordial atmosphere.
• (iii) It may reduce the presence of strikes and go-slow tactics which is going to adversely affect the productivity tactics which is going to adversely affect the productivity and profitability of the enterprise.
• (iv) Collective bargaining opens up the channels of communication between the top, middle and operative levels of the organization which may be difficult otherwise.
• 3. From Government Point of View:
• (i) Collective bargaining prevents the government from using the force because an amicable agreement can be reached between employers and employees for implementing the legislative provisions.
• (ii) In fact collective bargaining is a peaceful settlement of any dispute between workers and employers and therefore it promotes industrial peace and higher productivity.productivity.
• (iii) If there is a strong system of collective bargaining, government can easily implement different labour laws and employer will have to give all those facilities to the employee for which he is entitled for.
• (iv) Labour problem shall be minimized through collective bargaining and industrial peace shall be promoted in the country without any force.
Unit no.5 Trends in Employment Relations :
5.1 Strategic Employee Relations – Emerging Trends
5.2 Cultural Aspects of Employee Relations 5.2 Cultural Aspects of Employee Relations
5.1 Strategic Employee Relations – Emerging Trends
• Objectives
• After going through this unit, you should be able to understand:
• l the new perspectives of 1990s and implications of post-modernism forpost-modernism for
• employment relations;
• l the management of new IR and the compatibility of HRM and new
• IR strategies; and
• l the implications of latest developments in HRM for industrial relations issues
• Strategy’ can be defined as the “framework which guides
those choices that determine the nature and direction of an
organization”;
• Strategic management can be defined as “leading the process
of formulating and implementing strategies to achieve long-
term organisational success.”
The two important strategies, which the business organisations
generally opt for, are:
(a) Differentiation
(b) cost leadership
(a) differentiation, i.e., seeking competitive advantage through
uniqueness of product or service, and (b) cost leadership, i.e.,
seeking to achieve lower costs than competitors by improving
overall efficiency of operations.
(b) cost leadership, i.e., seeking to achieve lower costs than
competitors by improving overall efficiency of operations. Both
these generic strategies have implications for human resource
management of which ‘employee relations’ is an integral part.management of which ‘employee relations’ is an integral part.
This approach to employees as assets has vital implications for the
strategic human resource management, which can be defined as
“the process of developing a consistent, aligned set of policies and
practices, which facilitate the realization of organisation’s strategic
objectives.”
• NEW PERSPECTIVES OF 1990s:
There has been a significant change in the industrial relations
management during the 1990s, which can be studied with
reference to the three major perspectives, which dominated
the scene:
• i) Liberal individualism and neo-laissez faire
• ii) Human resource management
• iii) Modernism vs. Post-Modernism• iii) Modernism vs. Post-Modernism
• INDUSTRIAL RELATIONS STRATEGY:
The existence of such strategies is based on the following
assumptions:
• Corporate management determines overall strategies to
achieve the organisational goals;
• Strategic thinking is a prerequisite for organisational success;
• Top management have some choice in the matter;Top management have some choice in the matter;
• The choice of industrial relations strategies and policies
rationally implies that they be limited to other objectives and
policies; and
• There should be a direct relationship between industrial
relations strategies and business strategy;
• What is new Industrial Relations?
New industrial relations represents three ideologicalimages propagated by the contemporary state:
• first, the promotion of the managerial prerogative,employee compliance and a low strike level;
• secondly, a rejection of collective bargaining and tradeunion recognition as public policy and theirreplacement with managerially determined regulationreplacement with managerially determined regulationand individualism in the employment relationship;
• thirdly, a prescription for management of labour to usestrategies centered on flexibility andextra-contractualcommitment through human resource management.
5.2 Cultural Aspects of Employee Relations
• Culture can be broadly defined as a system of shared beliefs, values,
customs, behaviours and material objects that the members of a
society use to cope with their world and with one another.
• In short, culture includes almost any form of behaviour that is
learned rather than inherited.
• The beliefs, perceptions and convictions of the people living in
eastern hemisphere are quite different from their westerneastern hemisphere are quite different from their western
counterparts.
• These beliefs and perceptions in turn influence their attitudes
towards life, work, people, and affect their social behaviours in
several ways.
• Within each of these two broad classifications lie different cultures,
which may be specific to the national, social or even religious
contexts.
• TECHNOLOGICAL REVOLUTION:
Labour is increasingly devoted to the management and
maintenance of machinery rather than to the products
themselves. The whole field of robotics is a case in point.
Specialists in programming and maintaining industrial robots
are now key personnel in heavy, light and service industries.
The Information Technology revolution has witnessed the
replacement of the traditional ‘skill’ workers by ‘knowledge’replacement of the traditional ‘skill’ workers by ‘knowledge’
workers. Technological advancement has transformed our
idea of work. There has been an unprecedented growth of
service sector as compared to manufacturing sector all over
the world.
• Globalisation has brought about a sea change in the cross-
cultural interactions on a scale unprecedented in the history.
The economic forces of international market system have
broken down the geographical barriers. Products are
manufactured on one continent from the raw materials of
another and sold on still another. The decisions made by Iowa
wheat farmers in the United States affect the price of bread in
India; the cost of oil in the Persian Gulf helps determine the
cost of corn in the United States. In essence, the world’s
India; the cost of oil in the Persian Gulf helps determine the
cost of corn in the United States. In essence, the world’s
people are coming to live and produce under increasingly
similar economic conditions
• RECENT DEVELOPMENTS IN EMPLOYMENT RELATIONS:
• Employees and trade unions have come to realize that their
own survival in an organizational context is closely
intertwined with that of the organization.
• This has resulted in a major departure in terms of union
attitudes and approaches towards production, productivity,
quality, customer-orientation, etc.
• Today’s unions and employees are less militant and less non-• Today’s unions and employees are less militant and less non-
cooperative than their counterparts of 1960’s and 1970’s.
• Bipartism refers to the initiatives taken by the employer and
the union to resolve disputes mutually across the table in a
spirit of give and take.
• Tripartism or third-party intervention refers to either
settlement of disputes with the help of a mediator
(conciliation) or through the medium of a judicial or quasi-
judicial authority (adjudication).
• The advent of Human Resource Management with its focus on • The advent of Human Resource Management with its focus on
soft skills, individualism, non-unionism and performance
management is yet another factor which has been impacting
industrial relations in its traditional sense.