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Human Resource Management

MBA G510
BITS Pilani Dr. Jayashree Mahesh,
Department of Management, BITS Pilani.
Pilani|Dubai|Goa|Hyderabad
Learning Objectives
1. Cite the main features of at least five employment
discrimination laws.
2. Define adverse impact and explain how it is proved and what
its significance is.
3. Provide a brief overview of important labor legislations in
India.
4. Avoid employment discrimination problems.
5. Cite specific discriminatory personnel management practices
in recruitment, selection, promotion, transfer, layoffs, and
benefits.
6. Define and discuss diversity management.
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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Laws related to Industrial
Relationships
1. The Trade Unions Act, 1926.
2. The Industrial Employment (Standing Orders) Act, 1946.
3. The Industrial Disputes (ID) Act, 1947.

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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
The Trade Unions Act, 1926

• The act allows freedom for any seven employees to apply


to register a trade union, but a later amendment (2001)
specified the minimum membership as 10% of the
unionizable employees or 100 employees, whichever is
less.
• Trade unions are to be registered with the appropriate
government-appointed Registrar of Trade Unions.

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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Industrial Employment (Standing
Orders) Act, 1946
• The act formally defines conditions of employment
including recruitment, discharge, disciplinary action,
working hours, holidays and leaves.
• The act is applicable to industrial establishments under the
jurisdiction of central and state governments.
• It serves to reduce conflict and communication mechanism
between management and labor.

Industrial Disputes (ID) Act, 1947


The act was formulated with the objective of having a
machinery and procedure for the investigation and
settlement of industrial disputes in place.

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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Laws Related to Wages
1. The Payment of Wages Act, 1936
The act ensures payment of wages on time.
2. The Minimum Wages Act, 1948
a. The act sets the framework for declaring the
minimum wages payable for occupations, both in
formal and the informal sectors.
b. It specifies the structure and procedure for fixing
and revising the minimum wages at regular
intervals.

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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Laws Related to Working Hours,
Conditions of Services and Employment
1. The Factories Act, 1948
The act safeguards the health, safety and welfare of
workers in establishments covered by the act.
2. The Shops and Commercial
Establishments Act, 1961
a. The act deals with work-related aspects of shops and
commercial establishments.
b. It prohibits employment of children, underage people,
and women during night hours.
c. It lays down the procedure for dismissal, discharge,
and termination of employment.

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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Laws Related to Equality and
Empowerment of Women
1. The Maternity Benefit Act, 1961
• Maternity Benefit (Amendment) Act, 2017
It provides job security and support to pregnant
women.
2. The Equal Remuneration Act, 1976
The act prevents gender-based discrimination in
employment and wages.

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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Laws Related to Social Security
1. Workmen’s Compensation Act, 1923
The act provides compensation to employees in cases of
mishappening at work.
2. Employees State Insurance Act, 1948
a. The act provides relief to employees and dependents in
cases of sickness or events that prevent them from working.
b. Various benefits given to eligible employees are:
i. Sickness benefit – in cash
ii. Maternity benefit – in cash
iii. Disablement benefit –in cash
iv. Dependents’ benefit – in cash
v. Funeral expenses – in cash
vi. Medical benefit – as service and kind 9
BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Laws Related to Social Security
(Contd.)
3. Employees’ Provident Funds And Miscellaneous
Provisions Act, 1952
The act provides security to employees during times of
distress and old age.
4. Payment of Gratuity Act, 1972
The act provides for gratuity payment to all employees at
the prescribed rates, currently 15 days for every year of
service.

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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Guidelines for Handling Sexual
Harassment Complaints
The Supreme Court of India has given the following
guidelines for defining sexual harassment of women:
1. Sexually determined behavior (whether directly or by
implication)
2. Physical contact and advances
3. A demand or request for sexual favors
4. Sexually colored remarks
5. Showing pornography
6. Any other unwelcome physical, verbal or non-verbal
conduct of a sexual nature.

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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Diversity Management Program
Steps in a Diversity Management Program:

1 Provide strong leadership

2 Assess the situation

3 Provide diversity training and education

4 Change culture and management systems

5 Evaluate the diversity management program

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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Is the Diversity Initiative Effective?
• Are there women and minorities reporting directly to senior
managers?
• Do women and minorities have a fair share of job assignments
that are stepping stones to successful careers in the
company?
• Do women and minorities have equal access to international
assignments?
• Are female and minority candidates in the company’s career
development pipeline?
• Are turnover rates for female and minority managers the
same or lower than those for white male managers?
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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Designing an Affirmative Action
Program
• Good Faith Effort Strategy
– Eliminating the present effects of past practices
that excluded or underutilized protected groups.
• Identification through numerical analysis.
• Proactive elimination of employment barriers.
• Increased minority or female applicant flow.
• Increasing Employee Support for Affirmative Action
– Transparent selection procedures
– Communication
– Justifications
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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Steps in an Affirmative Action
Program
1. Issues a written equal employment policy.
2. Appoints a top official to direct and implement the program.
3. Publicizes the equal employment policy and affirmative action
commitment.
4. Surveys minority and female employment to determine where
affirmative action programs are especially desirable.
5. Develops goals and timetables to improve utilization of minorities
and females. Carefully analyzes employer human resources practices
to identify and eliminate hidden barriers.
6. Uses focused recruitment to find qualified applicants from the target
group(s).
7. Establishes an audit and reporting system to monitor and evaluate
progress of the program.
8. Develops support for the affirmative action program, both inside the
company and in the community. 15
BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Reverse Discrimination
• Reverse Discrimination
– Under the U.S. law, discrimination against non-
minority applicants and employees by quota-
based systems is reversed discrimination.

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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
Important Indian Labor Laws
1. Trade Unions Act, 1926
2. Industrial Employment (Standing Orders) Act, 1946
3. Industrial Disputes (ID) Act, 1947
4. Payment of Wages Act, 1936
5. Minimum Wages Act, 1948
6. Factories Act, 1948
7. Shops and Commercial Establishments Act, 1961
8. Maternity Benefit Act, 1961
9. Workmen’s Compensation Act, 1923
10. Employees State Insurance Act, 1948
11. Employees’ Provident Funds And Miscellaneous
12. Provisions Act, 1952
13. Payment of Gratuity Act, 1972
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BITS Pilani, Deemed to be University under Section 3 of UGC Act, 1956
KEY TERMS

Indian Labor Laws Federal Violence Against Women Act


of 1994
Title VII of the 1964 Civil Rights Act
protected class
Equal Employment Opportunity Commission
(EEOC) Civil Rights Act of 1991 (CRA 1991)
affirmative action mixed motive case
Office of Federal Contract Compliance Americans with Disabilities Act (ADA)
Programs (OFCCP) qualified individuals
Equal Pay Act of 1963 adverse impact
Age Discrimination in Employment Act disparate rejection rates
of 1967 (ADEA) restricted policy
Vocational Rehabilitation Act of 1973 bona fide occupational qualification (BFOQ)
Vietnam Era Veterans’ Readjustment Act of alternative dispute resolution or ADR program
1974
good faith effort strategy
Pregnancy Discrimination Act (PDA)
reverse discrimination
uniform guidelines
sexual harassment

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