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INDIAN INDUSTRIAL
RELATIONS SCENARIO
Employer – Employee Relations
•
o
1. Highly complex system.
4. INTERNAL - Type of employers, organization history,and culture,
Sub –groups, type of employees, union etc.,
5. EXTERNAL - Social cultural, political, Economic, Technological,
Legal.
6. TIME - Relationship has also a time dimension Past – Present –
Future.
7. OTHERS - Government, Public, Police, Media, Politicians.
INDUSTRIAL RELATIONS – MAJOR
STAKEHOLDERS
1. Employers/Management
2. Unions/Employees
3. State – Legislature/ Executive
4. Judicial – Legal Provisions/Judgment
5. Public/ Community
IDEAL EMPLOYEE
COMMITMENT
OWNERSHIP / EMPOWERMENT
EFFICIENT /PRODUCTIVE
HIGHLY DISCIPLINED
IDEAL EMPLOYEE Contd…
TIME CONSCIOUS
COST CONSCIOUS
QUALITY CONSCIOUS
HAS MULTI SKILLS
FLEXIBLE AND MOBILE
MODEL PERFORMER
WIN WIN
IDEAL EMPLOYER
FAIR
TRANSPARENT
Call Centers
BPO Outfits
Franchisee
Channel Partner
Back Office
M.T.
Consultancy services
NEW WORKMEN PROFILE
Educated
Well Informed
Independent
Individualistic
Materialistic
Small Family
Less Inclined to Trade Unions
Does not approve GATE meeting
Only 8% Sincerely support “STRIKE”
TRADE UNIONS
Only Unions, No Trade
Collective Bargaining
a. Management Bargains
b. Union Collects
Unions means – Strike
Union Leader Enjoy IMMUNITY,
Popularity & Power
1. Plethora – 38 Legislations
2. Outdated – Age – 82, 75, 70, 60, 57, 42, 35
3. Heavily loaded in favour of workmen
4. Lack of uniformity – E.g. Workman & Industry
5. I.D Act Amended in 1982
But is yet to be gazetted
6. Lawayers making merry
Judicial – Labour Laws
(Social legislation / Welfare Legislation) Contd…
2. Social Legislation – Liberal Interpretation – balance in favour
of workmen.
3. Multiplicity of High Courts
4. Diverse views on the same issue/ Contradictory Judgments
5. Conservative Vs Liberal judgments
6. No Mechanism to pool the cases and deliver a common apex
court judgment.
Sample of Judicial pronouncements
1. Workmen – under ID Act 1947
2. Industry – Under ID Act 1947
3. Accident under W.C. Act. E.g. Heart attack
4. State under article 12
5. Sec 33(2) (b) of ID Act.1947
6. Strike- Rangarajan Vs State of Tamilnadu
State
a. Legislature
b. Executive / Administration
c. Political outfit
Legislate
• Experience / Expertise
• Wisdom / intelligence
• Knowledge
• Political will to take an unbiased / objective
view
• Public debate
• Modification / amend /delete
Issue Licenses
Grant / Refuse permission
Refer Disputes for Adjudication
Prohibit strike / lockout
Direct interim payment
Guard against unfair labor practices
-By the management
-
-By the workmen / union
Hold conciliation meetings/Intervene and resolve
disputes
Conduct workshops /Training ?
Raid / Inspect, issue notices – active
State is A hurdle to a smooth IR
Because it is Politically influenced
REMEDIES / SOLUTIONS
(Both Macro & Micro)
1. Industrial Relations Constitution
2. a. NLC to the meet every 3/5 years to review
b. The Govt. to seriously consider the
recommendations & implement.
3. Industrial Disputes Adalat
4. Time Frame to Dispose Off Cases
5. A State Level IR Council
A National level IR Council
(The Constitution should provide for this)