Documenti di Didattica
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Internal Marks: 40
Time: 3 hrs.
ADVANCED INDUSTRIAL RELATIONS
Paper Code:
UNIT – I
Concept and Characteristic of Industrial Relations- Industrial
Relations Environment Changing Profile of industrial workers-
Labour Policy- Role of the State- Constitution.
UNIT – II
Role and Functions of ILO conventions and recommendations- ILO
Labour Legislations- Social security measures- Labour Welfare
Practices in India.
UNIT – III
Trade Unionism- Trade Union movement in India- Employers,
association- Collective Bargaining- Methods, issues and problem.
UNIT – IV
Industrial Democracy- Workers participation methods- Quality
Circles- Quality of work life.
UNIT – V
Industrial peace, harmony- Industrial conflicts types- Mechineary-
Grievance- Discipline- Indian Case Studies- Recent trends.
SUGGESTED READINGS:
Industry:
Industrial Disputes Act 1947 defines an industry as any systematic
activity carried on by co-operation between an employer and his
workmen for the production, supply or distribution of goods or
services with a view to satisfy human wants or wishes whether or
not any capital has been invested for the purpose of carrying on
such activity; or such activity is carried on with a motive to make
any gain or profit. Thus, an industry is a whole gamut of activities
that are carried on by an employer with the help of his employees
and labors for production and distribution of
goods to earn profits.
Employer:
Employee: -
Labor market:
The market in which workers compete for jobs and employers
compete for workers. It acts as the external source from which
organizations attract employees. These markets occur because
different conditions characterize different geographical areas,
industries, occupations, and professions at any given time.
SCOPE:
Collective bargaining
Standing orders
The healthy industrial relations are key to the progress and success.
Their significance may be discussed as under –
Unitary Perspective
Pluralistic-Perspective
Marxist Perspective
TRADE UNIONS
Trade unions are formed to protect and promote the interests of their
members. Their primary function is to protect the interests of workers
against discrimination and unfair labor practices. Trade unions are
formed to achieve the following objectives:
Representation
Trade unions represent individual workers when they have a problem at
work. If an employee feels he is being unfairly treated, he can ask the
union representative to help sort out the difficulty with the manager or
employer. Unions also offer their members legal representation.
Normally this is to help people get financial compensation for work-
related injuries or to assist people who have to take their employer to
court.
Negotiation
Negotiation is where union representatives, discuss with management,
the issues which affect people working in an organization. There may
be a difference of opinion between management and union members.
Trade unions negotiate with the employers to find out a solution to
these differences. Pay, working hours, holidays and changes to working
practices are the sorts of issues that are negotiated. In many workplaces
there is a formal agreement between the union and the company which
states that the union has the right to negotiate with the employer. In
these organizations, unions are said to be recognized for collective
bargaining purposes.
Member services
During the last few years, trade unions have increased the range of
services they offer their members. These include:
Education and training - Most unions run training courses for their
members on employment rights, health and safety and other issues.
Some unions also help members who have left school with little
education by offering courses on basic skills and courses leading to
professional qualifications.
Militant Functions
Trade unions are a part of society and as such, have to take into
consideration the national integration as well. Some important social
responsibilities of trade unions include:
promoting and maintaining national integration by reducing the number
of industrial disputes
2. Minimize Discrimination
The decisions regarding pay, work, transfer, promotion, etc. are highly
subjective in nature. The personal relationships existing between the
supervisor and each of his subordinates may influence the management.
Thus, there are chances of favoritisms and discriminations. A trade
union can compel the management to formulate personnel policies that
press for equality of treatment to the workers. All the labor decisions of
the management are under close scrutiny of the labor union. This has
the effect of minimizing favoritism and discrimination.
3. Sense of Security
The employees may join the unions because of their belief that it is an
effective way to secure adequate protection from various types of
hazards and income insecurity such as accident, injury, illness,
unemployment, etc. The trade union secure retirement benefits of the
workers and compel the management to invest in welfare services for
the benefit of the workers.
4. Sense of Participation
The employees can participate in management of matters affecting their
interests only if they join trade unions. They can influence the decisions
that are taken as a result of collective bargaining between the union and
the management.
5. Sense of Belongingness
Many employees join a union because their co-workers are the
members of the union. At times, an employee joins a union under group
pressure; if he does not, he often has a very difficult time at work. On
the other hand, those who are members of a union feel that they gain
respect in the eyes of their fellow workers. They can also discuss their
problem with’ the trade union leaders.
7. Betterment of relationships
Another reason for employees joining unions is that employees feel that
unions can fulfill the important need for adequate machinery for proper
maintenance of employer-employee relations. Unions help in
betterment of industrial relations among management and workers by
solving the problems peacefully.
The growth of trade union movement was slow in this phase and later
on the Indian Factory Act of 1881 was amended in 1891. Many strikes
took place in the two decades following 1880 in all industrial cities.
These strikes taught workers to understand the power of united action
even though there was no union in real terms. Small associations like
Bombay Mill-Hands Association came up by this time.
The third phase began with the emergence of independent India (in
1947). The partition of country affected the trade union movement
particularly Bengal and Punjab. By 1949, four central trade union
organizations were functioning in the country:
The All India Trade Union Congress,
The number of local and enterprise level unions has increased and there
is a significant reduction in the influence of the unions.
Another trend is that the employers have started to push for internal
unions i.e. no outside affiliation.
HR policies and forms of work are emerging that include, especially in
multi-national companies, multi-skills, variable compensation, job
rotation etc. These new policies are difficult to implement in place of
old practices as the institutional set up still needs to be changed.
It changes ownership, which may bring out changes not only in work org and employment but also in
trade union (TU) dynamics.
It changes the work organization by necessitating retaining and redeployment.
It affects the right of workers and Trade unions, including job/union security, income security, and social
security.
Trade unions, mgt and government are responding to these challenges through various types of new,
innovative, or model arrangements to deal with different aspects of disinvestment like
„X Making workers the owners through issue of shares or controlling interests (latter is still not in India)
„X Negotiating higher compensation for voluntary separations
„X Safeguarding existing benefits
„X Setting up further employment generating programs, and
„X Proposals for setting up new safety nets that not only include unemployment insurance but also skills
provisions for redundant workers.
Deregulation: - it is tried to ensure that pubic sector/ government employees receive similar protection
as is provided in public/government employment. The worst affected are the pension provisions. this
means, usually a reduction in pension benefits and an uncertainty concerning future provision of pension
benefit due to
Decentralization of IR is seen in terms of the shift in consideration of IR issues from macro to micro and
from industry to enterprise level. When the coordination is at the national or sectoral level then work in
the whole industry can be paralyzed because of conflict in IR. But when the dispute is at the bank level,
in the absence of centralized coordination by Trade unions only work in that bank is paralyzed and the
other banks function normally. This weakens the bargaining power of unions.
New actors and the emerging dynamics: - Earlier IR was mainly concerned with Trade unions, mgt and
government but now consumers and the community are also a part of it. When the right s of consumers
and community are affected, the rights of workers and unions and managers / employers take a back
seat. Hence there is ban on bandh and restrictions even on protests and dharnas.
Increasingly Trade unions are getting isolated and see a future for them only by aligning themselves with
the interests of the wider society.
Pro-labour-pro-investor policies
This leads to decline in strength and power of Trade unions if not in numbers. Unions have to make
alliances with the society, consumers and community and various civil society institutions otherwise they
will find themselves dwindling.
Declining TU density
In government and public sectors workforce is declining because of non-filling of vacancies and
introduction of voluntary / early separation schemes. New employment opportunities are shrinking in
these sectors.
In the private sectors particularly in service and software sector, the new, young, and female workers are
generally less eager to join unions.
Not because of improved IR but because of the fear of job security, concern about the futility of strikes,
and concern to survive their organization for their income survival.
Trade unions have become defensive evident from the fact that there is significant shift from strikes to
law suits. Instead of pressing for higher wages and improved benefits, Trade unions are pressing for
maintenance of existing benefits and protection and claims over non-payment of agreed wages and
benefits.
Collective Bargaining
In India, while labour is in the Concurrent List, state labour regulations are an important determinant of
industrial performance. The Survey notes evidences that states that had enacted more pro-worker
regulations, had lost out on industrial production in general.
However, on the upside, the Survey said there was a secular decline in the number of strikes and
lockouts during 2000-04. The total number of strikes and lockouts went down 13.6% from 552 in 2003 to
477 in 2004. The decline was sharper in the number strikes than in lockouts, it noted.
While most of the strikes and lockouts were in private sector establishments, overall industrial relations
had improved, especially between 2003 and 2004, when there was a decline in the number of mandays
lost by 6.39 million.
Among states, the maximum number of strikes and lockouts were in Left-ruled West Bengal, followed by
Tamil Nadu and Gujarat. The sectors which saw instances of industrial disturbance were primarily
textiles, engineering, chemical and food product industries.
Stressing on the importance of labour reforms to enhance productivity, competitiveness and employment
generation, the Survey noted that a beginning had already been made in that direction. For instance, in
the current year, there was a proposal to enhance the wage ceiling from Rs 1,600 per month to Rs 6,000
per month through The Payment of Wages (Amendment) Act 2005. Also, the proposal to empower the
central government to further enhance the ceiling in future by way of notification is already in effect from
November 9, 2005.
As regards women working on night shifts, The Factories (Amendment) Bill 2005, was under
consideration to provide them flexibility and safety.
Also, to simplify the procedure for managements to maintain registers and filing returns, an amendment
of Labour Laws (Exemption from Furnishing returns and maintaining Registers by Certain Establishments)
Act 1988, was under consideration.