EMPLONOMICS

ISSUE NO 1 5TH AUGUST

One gOOd law leads to another, yet they aint effective together, India loses in if, but and rather, Time for us all to stand and deliver.

FIRE@AX SOCIETY OF XLRI CONTACT DETAILS: TFEMR , XLRI JAMSHEDPUR PIN-831035 PHONE: 8235371329 EMAIL: uddalak.banerjee@gmail.c om EDITOR: UDDALAK BANERJEE SUB COMMITTEE MEMBERS: UTKARSH BHARDWAJ RAHUL BHARDWAJ

Yes , indeed it is time that we provide more importance to the established labour laws of the country and dedicate more time in linking the industry relations to the stringent labour laws most judiciously .Human Resource Managers need to come up with strong labour law implementations to help assuage the spate of conflicts which have tarnished the very image of indian industries. At the same time law to recognise unions is yet not implemented by Government of india which is further complicating matters. Like most other developed nations india too need to come up with a legislation to provide a firm ground to HR managers to help tackle the rising challenges that we are facing today. In the mean time, the quantum of punishments like that of abetment and incitement of workers towards strike needs to be further enhanced. IT is upto the employers now how to ensure that the employees come out motivated to perform their best in such a climate where more and more news of employee and employer conflict over negotiation issues are flooding the newspapers. In this aspect , I believe the media too needs to play a more judicious role in placating the rising hostilities rather than further flagrating them to epic proportions.A responsible media is what India needs today to paint a brighter tomorrow.

EMPLONOMICS Annual Meeting Report

- UTKARSH BHARDWAJ, SUBCOMMITEE MEMBER
We had our first annual meeting on 04th august 2012. It was attended by all our members. We analysed the various reasons that caused the manesar plant of maruti to close down. We analysed all possible perspectives and decided to come up with a initiative to enhance law awareness among HR professionals. We all also debated at large on how the issue of law should be integrated in a more voluminous way in most managerial courses. Our Editor spoke at length on the integration aspect of Industry relations and law. In all dealings of Labour Unions including collective bargaining ,the knowledge of law always proves to be handy. We also conducted an election of who to invite in our next meeting as an associate member . We debated on various names and finally decided to zero down on Mr PK Padhi , LL.M. (Cochin), Ph.D. (Berhampur).Mr PK padhi also has invaluable 26 years of teaching experience which could help us have a deeper insight into the industry relation and labour law integration process.

EMPLONOMICS
MASTER IR REPORT
-RAHUL BHARDWAJ,SUBCOMMITEE MEMBER In most of the IR conflicts the principal violation of agreement occurs due to one irrational thought. This thought has its roots in the attitude to garner more profit. This impulse to create more profit may come from the employee and also can come from the employer. Once this thought comes in and settles in the subconscious part of mind it becomes hard to negotiate since the preconceived notion often blinds an individual to participate in any further negotiations. Be it a industrial union or a crafts union , the very fundamental to reach an agreement is the openness of both sides to arrive to any conclusion which may be beneficial to both sides. But once one side decides that only maximum gain is the motive for negotiation then the entire process falters. Even with involvement of State government and its representatives and arbitration from various stake holders it becomes impossible to break the deadlock since even with third party arbitration it is impossible to force a party to

EMPLONOMICS
negotiate its own fall. So for fruitful results to occur the mindset needs to be changed.

Fundamental Rights and Duties of indian constitution are not just guidelines for all employers and government but also a reminder that needs to be kept at the back of ones mind in every action that is taken by the ruling party . Most of the ensuing conflicts that have occurred of late have been blantantly pointing towards the disregard of the same at some point or the other.

The only way for indian industry to advance and succeed is employers to work together with the workers and looking after their daily needs. Unless both sides of the equation is happy the equation between an employer and a worker can never balance.

EMPLONOMICS

Various Resources that can be utilised for future releases: 1.International Labour Organisations ACT/EMP Publication on Human Resource Management , Industrial Relations And Achieving Management Objectives By S.R. Desilva (http://www.ilo.org/public/english/dialogue/ actemp/downloads/publications/srshrm.pdf) 2.Debate can be done on the issue whether workers should no longer be permitted to strike before bargaining (Resource available at http://www.theaustralian.com.au/nationalaffairs/industrial-relations/employers-ruelost-industrial-relations-opportunity/storyfn59noo3-1226441839455)

EMPLONOMICS

Push on to rename IR watchdog

(source:michelle Grattan,The Sydney Morning Herald)
AN INQUIRY into the operation of Labors industrial relations legislation has recommended the name of Fair Work Australia be changed.This reflects reputational damage done to the organisation by its handling of the Craig Thomson-Health Services Union affair, as well as the appropriateness of a more neutral name. The case for the name change was put strongly by the president of FWA, Iain Ross.The Fair Work Act has not harmed Australias productivity, according to the inquiry report, which will open a new round of the politically charged industrial relations debate.Released by Workplace Relations Minister Bill Shorten today, the report argues the act has delivered fairness for employees and flexibility for employers without reducing competitiveness or excessively raising costs. But among its 50 recommendations the report is expected to propose Fair Work Australia be given the power to arbitrate when bargaining on greenfields

EMPLONOMICS
resource and construction projects breaks down. Employers, being forced to negotiate with unions, have complained they are being held hostage by them. Despite this, the report generally will be criticised by sections of business for not going far enough. The report is expected to say that FWAs tribunal and administrative functions should be more clearly separated. There will also be proposals on how to enhance the organisations role in encouraging more productive workplaces.A survey commissioned by the US Society of Human Resources Management and the Australian Human Resources Institute and reported this week found Australia 50th of 51 countries in productivity growth. was undertaken by the Economist Intelligence Unit.The review has been done by former Federal Court judge Michael Moore, John Edwards, a member of the Reserve Bank Board, and Ron McCallum, a workplace relations academic.The government made it clear the inquiry would not be a root and branch overhaul. The panel has not recommended reintroducing statutory individual contracts (Australian Workplace Agreements), open-slather greenfields agreements where unions can be excluded, or limits to unfair dismissals.

EMPLONOMICS