HRguid

MBA - Which major should i choose in my MBA

2013-05-17T01:03:00.001-07:00

Now its time for making a career planning. Every school completed students are looking to select a better course to shape their future. The same way. its time for MBA graduates who have to pet their concentration better choice. They always have a question, like which concentration will help to get a better job?.

Before selecting a concentration doing a simple survey doesn't problem to you. Here i will you few tips to select a concentration

1. Make a research on most popular job sites. which concentration have more opennings available at present.

2. Get latest information towards your selected concentration and howfar its useful nowadays.

3.Then your interest and ease of knowledge. which concentration will come to show your talent.

4. Know how far your institution will get you an opportunity to your selected concentration.

5. Check whether your department help you learn more information related to that concentration.

These are the few basic things you have to do before you choose a concentration

Wordpress Menu add item through Code

2013-05-07T00:47:00.000-07:00

If you want to add menu item through your code for your wordpress blog. Just follow the steps to get it. Wordpress menu need theme support and 'nav-menu' activation .

here is simple code help you to add a contact form to the menu.

function add_menu_content() {
$wordpress = array(
'post_title' => 'Contact',
'post_status' => 'publish',
'post_date' => date('Y-m-d H:i:s'),
'post_author' => '1',
'post_type' => 'nav_menu_item',
'meta_key' => '_menu_item_menu_item_parent'

);
$post_id = wp_insert_post($wordpress);
add_post_meta($post_id, '_menu_item_url', 'http://localhost/kvp/contact/');
add_post_meta($post_id, '_menu_item_type', 'custom');
wp_set_post_terms( $post_id, 'summa', 'nav_menu');
}

Wordpress Create Category by php code

2013-05-07T00:42:00.001-07:00

In Wordpress admin page every admin create their required category based on their need. But while creating theme and separate plugin for some of the premium themes have a customization of selecting theme category. Here i will help you to create category on your php code.

The following line of function help you to add the category and sub categories.

function kv_create_category () {
$i=0;
$kv_category =array(
'Wordpress' => array('eCommerce',
'SEO',
'Social Networking',
'Media',
'Utilities',
'Add-Ons',
'Interface',
'Themes',
'Membership',
'Plugins',
'Miscellaneous' ),

'PHP' => array('Database',
'Gallery/Media',
'Polls',
'Project Mgt Tools',
'Graphs/Charts',
'Shopping Carts',
'Social Networking',
'Add-ons',
'Forms',
'Miscellaneous' ),

'Java Script' => array('Forms',
'Media',
'Project Mgt Tools',
'Charts/Graphs',
'Shopping Cart',
'Social Networks'),

'HTML5 & CSS' => array('Forms',
'Tabs and Slider',
'Buttons',
'Animation',
'Charts and Graphs',
'Layout') ,

'Mobile' => array('iOS',
'Android',
'Native Web',
'Titanium',
'Java',
'Symbian'),

'Others' => array('facebook',
'jQuery',
'JS Slider',
'Bootstrap',
'Backlinks'),

'.Net' => array('ASP',
'C#',
'VB',
'Others')
);

foreach ($kv_category as $category => $datas) {
$cat_id=wp_create_category($category , $i++);
}
foreach ($kv_category as $category => $datas) {
$cat_id=get_cat_ID($category);
foreach ($datas as $data) {
wp_create_category($data, $cat_id);
}
}
}

Wordpress Edit Blog Tagline by Your theme code

2013-05-07T00:37:00.000-07:00

Our Wordpress blog Have title and under that a tagline is there ,which is " just anothe Wordpress site". We have to change it for our convince. And you can edit it through the php code. Here is a sample code to update the tagline as my convince. Many theme developer are needed to edit this tagline through their theme function code.

Add the few following lines of code to change your WP blog tagline.

function kv_change_defaults() {

update_option('blogdescription', 'my tagline Works here', '', 'true');

}

add_filter('switch_theme', 'kv_change_defaults');

Leadership And Problem Solving

2013-01-01T00:08:00.001-08:00

Leaders are the persons who has to play always with Problems. And Every Organisation need some problem solvers. The role has been taken by the HR people in every team and group.That means that to leverage a leader’s problem-solving skills, he or she must transfer that ability to the team. A good leader can “read” the team, and provide the appropriate amount of guidance and clarification around problem solving .You may have heard the saying, "When life gives you lemons, make lemonade!" Lemons are like the

"sour" problems of life. Dynamic leaders use problem-solving skills to turn those lemons into sweet success; like lemonade!

You can be a dynamic leader who solves problems for yourself and in groups. You can learn to define a problem, develop creative alternatives, analyze choices, and make good decisions.

Creative Critics

Two kinds of thinking are used to solve problems:

• Creative thinking is finding all possible ideas and making up new ones.

• Critical thinking is analyzing and evaluating ideas to see if they will work for the current

situation.

Both kinds of thinking are important and help solve problems. You’ll learn how to influence your team’s attitudes toward problem solving and how to match an employee’s skill sets with appropriate challenges, thereby creating opportunities for improvement. In addition, you will practice facilitating problem solving processes (SWOT analysis and brainstorming), then develop a list of best practices around problem solving.

Goals

Review group problem solving processes.
Understand the state of Optimum Performance.
Practice facilitating the solution of problems through SWOT and Brainstorming.
Develop a list of problem-solving best practices.

Four-Hour Workshop

Warm-up stretches and answering questions about company culture and problem solving.
Reflect on past successes with problem solving and capture best practices.
Complete facilitated team challenges that focus on team problem solving.
Present the Map of Everyday Experience.
Complete facilitated team challenge that focuses on resource allocation.
Engage in a SWOT analysis.
Practice brainstorming.
Finalize list of best practices for problem solving.

Leadership Excellence

Dynamic leaders know how to deal with problems, on their own and in a group. They see problems as challenges that can and should be addressed. They lead others through a step-by-step process to:

• Define the challenge

• Gather related information

• Inventory useful resources

• Generate ideas for addressing the challenge

• Identify obstacles

• Make decisions

• Take action.

Solving Problems with Vision

Dynamic leaders solve problems in ways that move a group forward. They know where they want to go. They have a vision for what their organization can achieve. They inspire others to work toward the same vision. Dynamic leaders help groups create goals that are stepping stones toward the vision. They generate creative ideas for reaching goals and solving problems. They analyze how choices fit with the vision and goals. They make effective decisions.

Employee Performance Measurement

2012-10-01T09:23:00.001-07:00

Employee performance measurement is a important job for HR managers. To predict the employee performance have different ways, that is depending on the employee job and his work load.Here i show you some of the ways to measure the employee performance.

1. Quantity: The number of units produced, processed or sold is a good objective indicator of performance. Be careful of placing too much emphasis on quantity, lest quality suffer.

2. Quality: The quality of work performed can be measured by several means. The percentage of work output that must be redone or is rejected is one such indicator. In a sales environment, the percentage of inquiries converted to sales is an indicator of salesmanship quality.

3. Timeliness: How fast work is performed is another performance indicator that should be used with caution. In field service, the average customer’s downtime is a good indicator of timeliness. In manufacturing, it might be the number of units produced per hour.

4. Cost-Effectiveness: The cost of work performed should be used as a measure of performance only if the employee has some degree of control over costs. For example, a customer-service representative’s performance is indicated by the percentage of calls that he or she must escalate to more experienced and expensive reps.

5. Absenteeism/Tardiness: An employee is obviously not performing when he or she is not at work. Other employees’ performance may be adversely impacted by absences, too.

6. Creativity: It can be difficult to quantify creativity as a performance indicator, but in many white-collar jobs, it is vitally important. Supervisors and employees should keep track of creative work examples and attempt to quantify them.

7. Adherence to Policy: This may seem to be the opposite of creativity, but it is merely a boundary on creativity. Deviations from policy indicate an employee whose performance goals are not well aligned with those of the company.

8. Gossip and Other Personal Habits: They may not seem performance-related to the employee, but some personal habits, like gossip, can detract from job performance and interfere with the performance of others. The specific behaviors should be defined, and goals should be set for reducing their frequency.

9. Personal Appearance/Grooming: Most people know how to dress for work, but in many organizations, there is at least one employee who needs to be told. Examples of inappropriate appearance and grooming should be spelled out, their effects upon the employee’s performance and that of others explained, and corrective actions defined.

Performance indicators must be assessed by some means in order to measure performance itself. Here are some of the ways in which performance is assessed from the aforementioned indicators.

10. Manager Appraisal: A manager appraises the employee’s performance and delivers the appraisal to the employee. Manager appraisal is by nature top-down and does not encourage the employee’s active participation. It is often met with resistance, because the employee has no investment in its development.

11. Self-Appraisal: The employee appraises his or her own performance, in many cases comparing the self-appraisal to management's review. Often, self-appraisals can highlight discrepancies between what the employee and management think are important performance factors and provide mutual feedback for meaningful adjustment of expectations.

12. Peer Appraisal: Employees in similar positions appraise an employee’s performance. This method is based on the assumption that co-workers are most familiar with an employee’s performance. Peer appraisal has long been used successfully in manufacturing environments, where objective criteria such as units produced prevail. Recently, peer appraisal has expanded to white-collar professions, where soft criteria such as “works well with others” can lead to ambiguous appraisals. Peer appraisals are often effective at focusing an employee’s attention on undesirable behaviors and motivating change.

13. Team Appraisal: Similar to peer appraisal in that members of a team, who may hold different positions, are asked to appraise each other’s work and work styles. This approach assumes that the team’s objectives and each member’s expected contribution have been clearly defined.

14. Assessment Center: The employee is appraised by professional assessors who may evaluate simulated or actual work activities. Objectivity is one advantage of assessment centers, which produce reviews that are not clouded by personal relationships with employees.

15. 360-Degree or “Full-Circle” Appraisal: The employee’s performance is appraised by everyone with whom he of she interacts, including managers, peers, customers and members of other departments. This is the most comprehensive and expensive way to measure performance, and it is generally reserved for key employees.

16. MBO (Management by Objectives): The employee’s achievement of objective goals set in concert with his or her manager is assessed. The MBO process begins with action statements such as, “reduce rejected parts to 5 percent.” Ongoing monitoring and review of objectives keeps the employee focused on achieving goals. At the annual review, progress toward objectives is assessed, and new goals are set.

There are as many indicators of performance as there are companies and jobs. The various assessment methods can be used in combinations. It is important to choose indicators that align with your company’s goals and assessment methods that effectively appraise those indicators.

HRM Objective Type Questions with answers

2012-09-30T21:50:00.000-07:00

1, The first Factories Act was enacted in

a),1881
b),1895
c),1897
d),1885

Answer- a), 1881

2, Who is an adult as per Factories Act, 1948?

a.Who has completed 18 years of age
b. who is less than 18 years
c. who is more than 14 years
d. who is more than 15 years

Answer-a).Who has completed 18 years of age

3, A person who has ultimate control over the affairs of the factory under Factories Act,1948 is called as _________

a. Occupier
b. Manager
c. Chairman
d. Managing Director.

Answer - a. Occupier

4, The space for every worker employed inthe Factory after the commencement of Factories Act, 1948 should be ________ Cubic Meters.

a. 9.9
b. 10.2
c. 14.2
d. 13.2
Answer- c. 14.2

5,The provision for cooling water during hotweather should be made by the organizationif it employees _______ or more employees.

a. 200
b. 250
c. 300
d. 150

Answer- b. 250

The Intelligence Test With Answers

2012-09-30T21:18:00.001-07:00

1. What relation is your niece's brother to you?

Don't know
Cousin
Nephew
Uncle
Son

2. How many birthdays does the average man have?

Don't know
1
10
65
75

3. Some months have 31 days; how many have 28?

Don't know
1
2
3
9
12

4. Is it legal for a man in Scotland to marry his widow's sister?

Don't know
No
Yes

5. Divide 30 by 1/2 and add 10. What is the answer?

Don't know
10
25
50
70
90

6. If there are 3 apples and you take away 2, how many do you have ?

Don't know
1
2
3

7. A doctor gives you three pills telling you to take one every half hour.
How many minutes would the pills last??

Don't know
20
40
60
90

8. A farmer has 17 sheep, and all but 9 die. How many are left?

Don't know
1
3
5
8
9

9. How many males and how many female animals did Moses take on the ark?

Don't know
3
2
1
0

10. How many two cent stamps are there in a dozen?

Don't know
1
3
6
9
12

11. You are participating in a race. You overtake the second person. What position are you in?

Don't know
1st
2nd
3rd

12. Very tricky maths! Note: This must be done in your head only. Do NOT use paper and pencil or a calculator. Try it.

Take 1000 and add 40 to it. Now add another 1000. Now add 30. Add another 1000. Now add 20. Now add another 1000. Now add 10. What is the total?

Don't know
5000
6000
4100

13. Mary's father has five daughters: 1. Nana, 2. Nene, 3. Nini, 4. Nono. What is the name of the fifth daughter?

Don't know
Nano
Mary
Nunu

HR Objective Question Answers

2012-09-30T21:01:00.000-07:00

1. Strike resulting from failure to agree on terms of a contract as :
Wild cat strike
Economic strike
Picketing
None

2. Permissible Bargaining items are
Legal and mandatory
Voluntary
These become a part of negotiation through joint agreement
All of these

3. Concession. Surface bargainng , bypassing are the examples of
Collective bargaing
Cood faith
Negotiating teams
Not in goo faith bargaining

4. Supplementary benefits are
Vanpooling
Sick leave
Severance pay
All these pay

5. Insurance benefits are a part of
Job compensation
Variable job compensation
Supplementary job compensation
None

6. scalon plan was developed by
Joseph scalon
Lewis scalon
Harry scalon
All of these

7.ESOP stands for
Employee service organization planning
Employee stock ownership plan
Employee service ownership plan
None

8.Employee receives a share of the compamies annual profits this is known as
Merit pay
Piecework
Profit sharing
ESOP

9.Piece work is apart of
Job evaluation
Variable job comensation
Supplementary job compensation
None

10. Board banding is a term related to
Salary
Job enlargement
Hygiene and health
None

11.job classification is a part of
Job achievement
Job enlargement
Job rotation
None

12.when formal and systematic comparison of jobs determine the woth of one job related yo another is
Job analysis
Job enrichment
Job evalutation
Job compensation
None

13.rating of subordinate on one trait influences the way person is rated on other traits, is
Bias
Central tendency
Halo effect
All of these above
None

14 BARS is
Behaviour anchor rating scale
Behaviourally anchored rating scale
Behaviour ally anchor scale
Behaviour anchored rating scale
None

15. Predetermined percentages of subordinates
Graphic rating scale
Alteration ranking
Forced distribution
None

16.Ranking employees from the best to worst on traits is
260 degree feedback
Paired comparison
Alteration ranking
Bars

17. performance information collected from the employee, supervisors, subordinates , peer, etc Determines
Self ratings
Self managed teams
Rating committees
360 degree teams
360 degree feedback

18. OJT refers to
On the job technique
On just time
On the job training
All these above

19. Process for overcoming resistance was formulated by which psychologist
Kurt lewin
  h.e Leed kee

20. Team building refers to
  OD Technique

21. Training and development -
  Training and development means imparting skills

EMPLOYEES’ STATE INSURANCE ACT, 1948

2012-09-30T20:51:00.002-07:00

An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. Whereas it is expedient to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto;

ESI Scheme …

ESI Scheme for India is an integrated social security scheme tailored to provide Social Production to workers and their dependents, in the organised sector, in contingencies, such as Sickness, Maternity and Death or Disablement due to an employment injury or Occupational hazard

COVERAGE …

The ESI Act 1948 applies to

Non – seasonal Factories using power in and Employing ten (10) or More persons

Non – seasonal and non- power using factories and establishments employing twenty(20) or more persons

Employees of the Factories and Establishments in receipt of wages not exceeding Rs.7500 /- Per month are covered under this Act.

WAGES Defined …

Wages means all remuneration paid or payable in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes any payment to an employee in respect of any period of authorised leave, lock out, strike which is not illegal or layoff and other additional remuneration, if any, paid at intervals not exceeding two months, but does not include :-

a). Any contribution paid by the employer to any pension fund or Provident fund, or under this act;

b). Any traveling allowance or the value of any traveling concession;

c). Any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment ; or

d). Any gratuity payable on discharge.

WAGES Defined …

The above definition has three parts

All remuneration paid or payable in cash to an employee following from the term of employment (including agreement) express or implied. The periodicity of payment is not relevant in this case.

Any additional remuneration even if not flowing from any agreement or settlement but paid at intervals not exceeding two months.

The exceptions as provided in Clause (a) to (d) above. Any remuneration paid or payable under para 1 and 2 is wages and chargeable to contribution whereas any amount paid towards items mentioned in clause (a) to (d) are not wages and therefore no contribution is chargeable on the amount.

Finances …

The Scheme is primarily funded by contribution raised from Insured Employees and their employers

Payable such as

1. Employees’ Contribution – 1.75% of the Wages

2. Employers’ Contribution – 4.75% of the Wages

TOTAL - 6.5 % of the Wages

Employees in receipt of an average daily wage of Rs.40/- or Less, are exempted from Payment of their share of contribution (w.e.f 8.4.00) but are entitled to all social security benefits under the Scheme.

Contribution & Benefit Period …

Employees covered under the ESI Act, are required to pay contribution towards the scheme on a monthly basis. A contribution period means a six month time span from 1st April to 30th September and 1st October to 31st March.

Cash benefits under the scheme are generally liked with contributions paid. The benefit period starts three months after the closure of a contribution period. The two type of periods are elucidated below.

Contribution Period Benefit Period

1st April to 30th September 1st January to 30th June

of the following year

1st October to 31st March 1st July to 31st Dec.

ADVANTAGES OF EMPLOYERS …

1. Employers are absolved of their liabilities of providing medical facilities to employees and their dependents in kind or in the form of fixed cash allowance, reimbursement of actual expenses, lump sum grant or opting for any other medical insurance policy of limited scope unless it is a contractual obligation of the employer

ADVANTAGES OF EMPLOYERS …

2). Employers are exempted from the applicability of the : -

(a). Maternity Benefit Act

(b). Workmen's’ Compensation Act

in respect of employee covered under the ESI Scheme

3). Employers have their disposal, a productivity , well secured workforce, an essential ingredient for better productivity

ADVANTAGES OF EMPLOYERS …

4). Employers are absolved of any responsibility in times of Physical distress of workers such as sickness, employment injury or Physical disablement resulting in loss of wages, as the responsibility of Paying cash benefits shits to the corporation in respect of insured employees

5). Any sum paid by way of contribution under the ESI Act is deducted in computing ‘income’ under the Income Tax Act

Benefits to Employees …

ESI Scheme Major Social Security Benefits in Cash and Kind include …

1. Medical Benefit – for self & Family

2. Sickness Benefit – for self

3. Maternity Benefit - for self

4. Disablement Benefit

a). Temporary Disablement Benefit – for self

b). Permanent Disablement Benefit – for self

5. Dependents’ Benefit – for dependents in case of death due to employment injury

Benefits to Employees …

In addition, the Scheme also provides some other need based benefits to insured workers. These are:

i). Funeral Expenses – to a person who

performs the last rites of IP

ii). Rehabilitation allowances – for self

iii). Vocational Rehabilitation - for self

iv). Old age Medicare – for self and spouse

v). Medical Bonus – for insured women and

IP’s wife

Medical Benefit …

Medical Benefit means Medical care of IPs and their families, wherever covered for medical benefit.

The Standard medical care consists of out-door treatment, in-patient treatment, all necessary drugs and dressing, pathological and radiological specialist consultation and care, ante-natal and post natal care, emergency treatment etc.,

Out-door medical care is provided at the state Insurance Dispensaries or Mobile Dispensaries manned by full-time doctors (service’ system) or at the private clinics of Insurance Medical Practitioners (Panel System)

Medical Benefit …

Insured worker and members of his family are eligible for medical care from the very first day of the worker coming under ESI Scheme.

A worker who is covered under the scheme for first time is eligible for medical care for the period of three months. If he/she contributes at least for 78 days in a contribution period the eligibility is there up to the end of the corresponding benefit period.

A worker is also eligible for extended sickness benefit when he/she is suffering from any one of the long term 34 diseases listed in the Act. This is admissible after the worker has been under ESI these conditions are satisfied medical benefit is admissible for a maximum period of 730 days for the IP and his/ her family.

Sickness Benefit …

Sickness signifies a state of health necessitating Medical treatment and attendance and abstention from work on Medical grounds. Financial support extended by the corporation is such a contingency is called sickness Benefit

Sickness Benefit represents periodical payments made to an Insured Person for the period of certified sickness after completing 9 Months in insurable employment.

Benefits to Employees …

To qualify for this benefit, contributions should have been payable for atleast 78 days in the relevant contribution period.

The Maximum duration for availing sickness Benefit is 91 days in two consecutive benefit periods

Standard benefit rate – this rate corresponds to the average daily wage of an Insured person during the corresponding contribution period and is roughly half of the daily wage rate.

Extended Sickness Benefit …

Extended Sickness Benefit is a Cash Benefit paid for prolonged illness (Tuberculosis / Leprosy, Mental and Malignant diseases) due to any of the 34 Specified diseases

The IP should have been in continuous employment for a period of 2 years and should have contributed for atleast 156 days in 4 preceding contribution periods

Extended Sickness Benefit …

The daily rate of Extended Sickness Benefit is 40% more than the standard Sickness Benefit rate admissible

After exhausting sickness Benefit Payable for 91 days the Extended Sickness Benefit is payable upto further period of 124 / 309 days that can be extended upto 2 years in special circumstances

Enhanced Sickness Benefit …

Is Cash Benefit for IP undergoing sterilisation operation of vasectomy / tuberctomy for family planning.

The contributory conditions are the dame as for claiming sickness benefits

The daily rate of this benefit is double the standard benefit rate. Say, not less than the daily wage.

The benefit rate of this benefit is double the standard benefit rate. Say, not less than the daily wage.

The benefit is available upto 7 days for vasectomy and upto 14 days for tubectomy operations.

Maternity Benefit…

Maternity Benefit is cash payable to an Insured women for the specified period of abstention from work for confinement or mis-carriage or for sickness arising out of pregnancy, “confinement” “premature birth of child or miscarriage” “confinement” connotes labour after 26 weeks of pregnancy whether the result issue is alive or dead,

“Miscarriage” means expulsion of the contents of a pregnant uterus at any period prior to or during 26th week of pregnancy.

Maternity Benefit…

Criminal abortion or miscarriage does not, however, entitle to benefit.

The contribution condition is the same as for Sickness Benefit.

The daily benefit rate is double the sickness Benefit rate and is thus roughly equivalent to the full wages. Benefits is paid for Sundays also.

Maternity Benefit…

The Benefit is paid as follows (Duration)

a). For Confinement

For a total period 12 Weeks beginning not more than 6 weeks before the expected date of child birth, if the insured women dies during confinement or with in 6 weeks thereafter, leaving behind the living child, the benefit continues to be payable for the whole of the period. But the child also die during that period, the benefit will be paid upto and including the day of the death of the child.

Maternity Benefit…

b). For Miscarriage

For the period of 6 weeks following the

date of miscarriage

c). For sickness arising out of pregnancy,

confinement, Premature birth of child or

miscarriage :

For an additional period or upto four weeks.

In all the cases, the benefit is paid only if the insured women does not work for remuneration during the period for which benefit is claimed. There is no waiting period.

Maternity Benefit…

Medical Bonus

Medical Bonus is lump sum payment made to an Insured woman or the wife of an insures person in case she does not avail medical facility from an ESI hospital at the time of delivery of a child. This bonus of Rs. 250/- has been increased to Rs. 1000/- from 1st April 2003

Disablement Benefit …

a). Temporary disablement benefit :

In case of temporary disability arising out of an employment injury or occupational disease.,

Disablement benefit is admissible to insured person for the entire period so certified by an Insurance Medical officer / Practitioner for which IP does not work for wages.

The benefit is not subject to any contributory condition and is payable at a rate which is not less than 70% of daily average wages.

However, not payable if the incapacity lasts for less than 3 days excluding the date of accident.

Permanent disablement benefit …

In case an employment injury or occupational disease results in permanent, partial or total loss of earning capacity,

Periodical payments are made to the IP for life at a rate depending on the actual loss of earning capacity as may be determined and certified by a duly-constituted Medical Board.

The rates of Disablement Benefits are determined in accordance with the provisions of Rule 57 of ESI (Central) Rules, 1991.

In order to product erosion in real value of the periodical payments of Permanent Disablement benefits, against rise in the cost of living index, periodical increases are granted, based on actuarial calculation

Permanent disablement benefit …

Commutation of periodical payments into lump sum (one time payment) is permissible where the permanent disablement stands assessed as final and daily rate of benefit does not exceed Rs. 1.50. per day.

Commutation of Permanent Disablement Benefit into lump sum payment is also allowed in case the total commuted value does not exceed Rs.10000/- (The ceiling is now being raised to Rs.30000/-).

Dependants’ Benefit …

Dependents Benefit is a monthly pension payable to the eligible dependents of an insured person who dies as a result of an Employment Injury or occupational disease

Beneficiaries and Duration of benefit

a). Widow / widows during life or until remarriage

b). Legitimate or adopted son until age 18 or if legitimate son is infirm, till infirmity lasts.

c). Legitimate or adopted unmarried daughter until age 18 or until marriage, whichever is earlier, or if infirm, till infirmity lasts and she continues to be unmarried.

In the absence of any widow or legitimate child, the benefit is payable to a parent or grandparent for life, to any other male dependent until age 18 or to an unmarried or widowed female dependent until age 18.

How much …

The total divisible benefit is equivalent to the temporary disablement benefit rate (roughly 70% of the wage rate). The widow / widows share 3/5th of the benefit and the legitimate or adopted son and daughter 2/5th each of the benefit. If the total benefit so divided exceeds the full rate, there is a proportionate reduction in the respective shares of the beneficiaries.

The amount of pension paid to the dependents of a deceased insured person is reviewed vis-à-vis the cost of living index and increases are granted from time to time to compensate for erosion in its real value.

Other Benefit …

Other Benefit …

Rehabilitation Allowance

The corporation, vide its Resolution dated 22.12.1979, resolved to grant rehabilitation Allowance to the IPs, for each day, on which they remain admitted in an Artificial limb centre. On the rates, which generally confirm to double the Standard Sickness Benefit rate. The above benefit was introduced with effect from 1.1.1980

Levy of Interest & Damages …

Under Section 39(5)(a) of the ESI act, read with Regulation 31(A) of the ESI (General) Regulations 1950, the employer is liable to pay simple interest at the rate of 15 percent per annum in respect of each day of default or delay in payment contributions. In addition, under the Provision of Regulation 31-C of ESI (General) Regulations, 1950, read with sec.85(B)(i) of the ESI Act, the Corporation is empowered to recover damage as under:

Period of delay in Rate of Damages

payment of Contribution on the amount due

i). Up to less than 2 months 5 %

ii). 2 months and above but less than 4 months 10%

iii).4 months and above but less than 6 months 15%

iv). 6 months and above 25%

Interest and damages can also recovered as arrears of land revenue Section 45(c) to Section 45(I) by the Recovery Officer of ESI Corporation.

Obligation of the Employers …

1). Get your Factory / establishment registered with in 15 days after the Act becomes applicable. Submit Form 01 to the Regional office for this purpose. Obtain Employer’s code No. for use in all ESIC Forms / documents and correspondence with the offices of the ESI Corporation.

2). Fill up Declaration Forms in respect of all coverable employees and submit the same to the Regional Office/ Local Office of the corporation well before the ‘Appointed Day’ and obtain insurance Numbers from the concerned Local Office/ Regional Office, In respect of newly appointed employees, fill up the declaration form soon after appointment of such employees and submit the same to the Local Office Concerned.

Obligation of the Employers …

3). Pending receipt of identity cards/ identity certificates you may issue “certificate of employment” in Form 86 to the covered employee(s) enabling them to avail cash/medical Benefits

4). Pay ESI contribution (Employee's Share @4.75% and the Employer’s share @ 1.75% of the wages) with in 21 days of the month following, in which the wages fall due.

Obligation of the Employers …

5).Maintain an Accident Book as prescribed under the Factory Act / ESI Act.

6).Submit an Accident Report to the Local Office / ESI Dispensary concerned immediately in respect of accidents that could result in death or disablement and within 24 hours of its occurrence otherwise. Minor accidents which do not cause absence from work need not be reported

7).Grant leave to insured employees on the basis of sickness certificates issued by any authorised ESI doctor.

Obligation of the Employers …

Maintain the following records/ registers properly for the purpose of inspection

Attendance Registers / Muster Rolls (in respect of all employees including those employed through contractors)

Wage register

Cash Book / Bank Book

Account Books including Ledgers and Vouchers, Balance Sheet.

Employees’ Register

Accident Book

Returns of Contribution

Return of Declaration Forms

Copies of Challans

Inspection Book

Obligation of the Employers …

9. Submit return of contribution within 42 days of the expiry of contribution period.

10. Intimate the date of closure of shifting (Temporary or Permanent) of the Factory / Establishment to the Regional office / Local Office within seven days of its closure or shifting

11. Promptly report change in business activity, ownership of the concern or its management.

12. Ascertain the liability towards ESI dues, while taking over the ownership of any factory/establishment by purchase, gift, lease or license or in any other manner whatsoever as new owner is liable to discharge the past liabilities if any

Thematic Apperception Test (TAT)

2012-09-30T07:27:00.001-07:00

The Thematic Apperception Test, or TAT, is a projective measure intended to evaluate a person's patterns of thought, attitudes, observational capacity, and emotional responses to ambiguous test materials. In the case of the TAT, the ambiguous materials consist of a set of cards that portray human figures in a variety of settings and situations. The subject is asked to tell the examiner a story about each card that includes the following elements: the event shown in the picture; what has led up to it; what the characters in the picture are feeling and thinking; and the outcome of the event.

Because the TAT is an example of a projective instrument— that is, it asks the subject to project his or her habitual patterns of thought and emotional responses onto the pictures on the cards— many psychologists prefer not to call it a "test," because it implies that there are "right" and "wrong" answers to the questions. They consider the term "technique" to be a more accurate description of the TAT and other projective assessments.

Purpose

Individual assessments

The TAT is often administered to individuals as part of a battery, or group, of tests intended to evaluate personality. It is considered to be effective in eliciting information about a person's view of the world and his or her attitudes toward the self and others. As people taking the TAT proceed through the various story cards and tell stories about the pictures, they reveal their expectations of relationships with peers, parents or other authority figures, subordinates, and possible romantic partners. In addition to assessing the content of the stories that the subject is telling, the examiner evaluates the subject's manner, vocal tone, posture, hesitations, and other signs of an emotional response to a particular story picture. For example, a person who is made anxious by a certain picture may make comments about the artistic style of the picture, or remark that he or she does not like the picture; this is a way of avoiding telling a story about it.

The TAT is often used in individual assessments of candidates for employment in fields requiring a high degree of skill in dealing with other people and/or ability to cope with high levels of psychological stress— such as law enforcement, military leadership positions, religious ministry, education, diplomatic service, etc. Although the TAT should not be used in the differential diagnosis of mental disorders, it is often administered to individuals who have already received a diagnosis in order to match them with the type of psychotherapy best suited to their personalities. Lastly, the TAT is sometimes used for forensic purposes in evaluating the motivations and general attitudes of persons accused of violent crimes. For example, the TAT was recently administered to a 24-year-old man in prison for a series of sexual murders. The results indicated that his attitudes toward other people are not only outside normal limits but are similar to those of other persons found guilty of the same type of crime.

The TAT can be given repeatedly to an individual as a way of measuring progress in psychotherapy or, in some cases, to help the therapist understand why the treatment seems to be stalled or blocked.

Research

In addition to its application in individual assessments, the TAT is frequently used for research into specific aspects of human personality, most often needs for achievement, fears of failure, hostility and aggression, and interpersonal object relations. "Object relations" is a phrase used in psychiatry and psychology to refer to the ways people internalize their relationships with others and the emotional tone of their relationships. Research into object relations using the TAT investigates a variety of different topics, including the extent to which people are emotionally involved in relationships with others; their ability to understand the complexities of human relationships; their ability to distinguish between their viewpoint on a situation and the perspectives of others involved; their ability to control aggressive impulses; self-esteem issues; and issues of personal identity. For example, one recent study compared responses to the TAT from a group of psychiatric inpatients diagnosed with dissociative disorders with responses from a group of non-dissociative inpatients, in order to investigate some of the controversies about dissociative identity disorder (formerly called multiple personality disorder).

Precautions

Students in medicine, psychology, or other fields who are learning to administer and interpret the TAT receive detailed instructions about the number of factors that can influence a person's responses to the story cards. In general, they are advised to be conservative in their interpretations, and to err "on the side of health" rather than of psychopathology when evaluating a subject's responses. In addition, the 1992 Code of Ethics of the American Psychological Association requires examiners to be knowledgeable about cultural and social differences, and to be responsible in interpreting test results with regard to these differences.

Experts in the use of the TAT recommend obtaining a personal and medical history from the subject before giving the TAT, in order to have some context for evaluating what might otherwise appear to be abnormal or unusual responses. For example, frequent references to death or grief in the stories would not be particularly surprising from a subject who had recently been bereaved. In addition, the TAT should not be used as the sole examination in evaluating an individual; it should be combined with other interviews and tests.

Cultural, gender, and class issues

The large number of research studies that have used the TAT have indicated that cultural, gender, and class issues must be taken into account when determining whether a specific response to a story card is "abnormal" strictly speaking, or whether it may be a normal response from a person in a particular group. For example, the card labeled 6GF shows a younger woman who is seated turning toward a somewhat older man who is standing behind her and smoking a pipe. Most male subjects do not react to this picture as implying aggressiveness, but most female subjects regard it as a very aggressive picture, with unpleasant overtones of intrusiveness and danger. Many researchers consider the gender difference in responses to this card as a reflection of the general imbalance in power between men and women in the larger society.

In the TAT, the test subject (the boy shown here) examines a set of cards that portray human figures in a variety of settings and situations, and is asked to tell a story about each card. The story includes the event shown in the picture, preceding events, emotions and thoughts of those portrayed, and the outcome of the event shown. The story content and structure are thought to reveal the subject's attitudes, inner conflicts, and views.

(Lew Merrim/Science Source. Photo Researchers, Inc. Reproduced by permission.)

Race is another issue related to the TAT story cards. The original story cards, which were created in 1935, all involved Caucasian figures. As early as 1949, researchers who were administering the TAT to African Americans asked whether the race of the figures in the cards would influence the subjects' responses. Newer sets of TAT story cards have introduced figures representing a wider variety of races and ethnic groups. As of 2002, however, it is not clear whether a subject's ability to identify with the race of the figures in the story cards improves the results of a TAT assessment.

Multiplicity of scoring systems

One precaution required in general assessment of the TAT is the absence of a normative scoring system for responses. The original scoring system devised in 1943 by Henry Murray, one of the authors of the TAT, attempted to account for every variable that it measures. Murray's scoring system is time-consuming and unwieldy, and as a result has been little used by later interpreters. Other scoring systems have since been introduced that focus on one or two specific variables—for example, hostility or depression. While these systems are more practical for clinical use, they lack comprehensiveness. No single system presently used for scoring the TAT has achieved widespread acceptance. The basic drawback of any scoring system in evaluating responses to the TAT story cards is that information that is not relevant to that particular system is simply lost.

Computer scoring

A recent subject of controversy in TAT interpretation concerns the use of computers to evaluate responses. While computers were used initially only to score tests with simple yes/no answers, they were soon applied to interpretation of projective measures. A computerized system for interpreting the Rorschach was devised as early as 1964. As of 2002, there are no computerized systems for evaluating responses to the TAT; however, users of the TAT should be aware of the controversies in this field. Computers have two basic limitations for use with the TAT: the first is that they cannot observe and record the subject's vocal tone, eye contact, and other aspects of behavior that a human examiner can note. Second, computers are not adequate for the interpretation of unusual subject profiles.

Description

The TAT is one of the oldest projective measures in continuous use. It has become the most popular projective technique among English-speaking psychiatrists and psychologists, and is better accepted among clinicians than the Rorschach.

History of the TAT

The TAT was first developed in 1935 by Henry Murray, Christiana Morgan, and their colleagues at the Harvard Psychological Clinic. The early versions of the TAT listed Morgan as the first author, but later versions dropped her name. One of the controversies surrounding the history of the TAT concerns the long and conflict-ridden extramarital relationship between Morgan and Murray, and its reinforcement of the prejudices that existed in the 1930s against women in academic psychology and psychiatry.

It is generally agreed, however, that the basic idea behind the TAT came from one of Murray's undergraduate students. The student mentioned that her son had spent his time recuperating from an illness by cutting pictures out of magazines and making up stories about them. The student wondered whether similar pictures could be used in therapy to tap into the nature of a patient's fantasies.

Administration

The TAT is usually administered to individuals in a quiet room free from interruptions or distractions. The subject sits at the edge of a table or desk next to the examiner. The examiner shows the subject a series of story cards taken from the full set of 31 TAT cards. The usual number of cards shown to the subject is between 10 and 14, although Murray recommended the use of 20 cards, administered in two separate one-hour sessions with the subject. The original 31 cards were divided into three categories, for use with men only, with women only, or for use with subjects of either sex. Recent practice has moved away from the use of separate sets of cards for men and women.

The subject is then instructed to tell a story about the picture on each card, with specific instructions to include a description of the event in the picture, the developments that led up to the event, the thoughts and feelings of the people in the picture, and the outcome of the story. The examiner keeps the cards in a pile face down in front of him or her, gives them to the subject one at a time, and asks the subject to place each card face down as its story is completed. Administration of the TAT usually takes about an hour.

Recording

Murray's original practice was to take notes by hand on the subject's responses, including his or her nonverbal behaviors. Research has indicated, however, that a great deal of significant material is lost when notes are recorded in this way. As a result, some examiners now use a tape recorder to record subjects' answers. Another option involves asking the subject to write down his or her answers.

Interpretation

There are two basic approaches to interpreting responses to the TAT, called nomothetic and idiographic respectively. Nomothetic interpretation refers to the practice of establishing norms for answers from subjects in specific age, gender, racial, or educational level groups and then measuring a given subject's responses against those norms. Idiographic interpretation refers to evaluating the unique features of the subject's view of the world and relationships. Most psychologists would classify the TAT as better suited to idiographic than nomothetic interpretation.

In interpreting responses to the TAT, examiners typically focus their attention on one of three areas: the content of the stories that the subject tells; the feeling or tone of the stories; or the subject's behaviors apart from responses. These behaviors may include verbal remarks (for example, comments about feeling stressed by the situation or not being a good storyteller) as well as nonverbal actions or signs (blushing, stammering, fidgeting in the chair, difficulties making eye contact with the examiner, etc.) The story content usually reveals the subject's attitudes, fantasies, wishes, inner conflicts, and view of the outside world. The story structure typically reflects the subject's feelings, assumptions about the world, and an underlying attitude of optimism or pessimism.

Results

The results of the TAT must be interpreted in the context of the subject's personal history, age, sex, level of education, occupation, racial or ethnic identification, first language, and other characteristics that may be important. "Normal" results are difficult to define in a complex multicultural society like the contemporary United States.

Examples

Conflict Management

2012-09-30T05:17:00.002-07:00

Conflict is a basic fact of life in groups and organizations. Organizations contain people with divergent personalities, perceptions, goals, ideas, values and behaviours. Hence, conflict is an inevitable feature of organizations. Chung and Megginson describes conflict as the struggle between incompatible or opposing needs, wishes, ideas, interests or people. More specifically, “conflict is a process in which an effort is purposefully made by one person or unit to block another that results in frustrating the attainment of the other’s goals or the furthering of his or her interests”.

Conflict is a naturally occurring phenomenon; inevitable; inherent in any system; not always bad and in fact an optimum level of conflict energizes the system. Fosters creativity and innovation, and acts as a catharsis. At the same time if conflict is allowed to develop beyond control, it could tend to become destructive, resulting in such aversive consequences such as strikes, sabotage and other dysfunctional behaviours.

The effective manager must understand the nature of conflict that is beneficial to the organisation and conflict that is not. He must deal with conflict in ways that promote both individual and organizational goals. The management of conflict is an essential prerequisite to sound human relations.

Features

• Conflict occurs when two or more parties pursue mutually exclusive goals, values or events.

• Conflict arises out of differing perceptions.

• Conflict refers to deliberate behaviour.

• Conflict can exist either at the latent or overt level

• In conflict one side sees on opportunity to interfere with the others opportunity to acquire resources or perform activities.

• Conflict is not an organizational abnormality but a normal aspect of social intercourse.

Level of Conflict

Low level of conflict creates conditions of inertia and boredom in the system and excessive conflict results in destruction and dysfunctional tendencies. Managers have to monitor the level of conflict in the system and if there is too little or no conflict at all, the managers may even have to induce some level of conflict to energize the system. As the level of conflict tends to go beyond the optimum level the manager must act to resolve the conflict in a manner that will be beneficial to the organisation.

LEVEL OF CONFLICT

Stages of Conflict Episode

The above model presents conflict as a series of stages namely latent conflict; perceived conflict; felt conflict; manifest conflict and conflict aftermath.

Latent Conflict

Each episode of conflict starts with a ‘latent conflict’ but the actual conflict has not emerged. Factors such as competition for scarce resources, competition for positions in the organisation exist which could become conflicts.

Perceived conflict

This conflicts results in due to the parties misunderstanding of each other true position. One party perceives the other to be likely to thwart or frustrate his goals.

Felt conflict

When the conflict makes one tense or anxious, the conflict is a felt conflict because the difference are personalized or internalized.

Manifest conflict

This is the stage for open confrontation. It takes the form of conflictual behaviour including aggression, sabotage, apathy etc. all of which reduce organization’s effectiveness.

Conflict resolution

When conflict is resolved in some form, it is called conflict resolution.

Conflict aftermath

The aftermath of conflict may be either positive or negative for the organisation depending on how the conflict is resolved. If the conflict is genuinely resolved, it can lead to more enduring relationship between parties; if the conflict is merely suppressed but not resolved, the latent of conflict may be aggravated and explode in more violent and serious forms. This is called ‘conflict aftermath’,

Types of conflicts

Conflicts may take following forms:

CONFLICT

Individual conflict

Inter-individual conflict

Inter-individual or inter-personal conflict involves two or more individuals who hold polarized points of view. The most common reasons for inter-personal conflicts are personality differences, perceptions, clashes of values and interests, and competing for scare resources.

Intra-individual conflict

Intra-individual conflict is internal to the person and probably the most difficult type of conflict to analyze. Basically, intra-personal conflict can be related to two things; conflict arising due to divergent goals or conflict arising from out of multiple roles to be played.

Goal conflict occurs when a goal that an individual is attempting to achieve has both positive and negative features. Generally three separate types of goal conflicts are indentified.

• Approach-approach conflict: A person wants tow positive situations but can have only one.

• Approach-avoidance conflict: In this form of goal conflict the person attempts to achieve a goal that has both positive and negative aspects but wants to avail of positive and negative.

• Avoidance-avoidance conflict: This type of conflict can be resolved because a person faced two negative goals and he may not choose either of them and may simply leave the situation.

Role conflict is the result of divergent role expectations. It exits when the expectations of a job are mutually different or opposite and the individual cannot meet one expectation without rejecting the other. An individual confronting with role conflict will experience psychological stress leading to emotional problems, resulting in poor performance.

Group conflict

Inter-group conflict

Every group is in atleast partial conflict with every other group it interacts with. The groups differ in goals, work activities, power and prestige. The sources of intergroup conflict are incompatible goals, task interdependence, resource allocation, competitive incentive and reward system, differences in values or perception etc.

Intra-group conflict

Intra-group conflict is essentially same as the bases of inter-individual conflict.

Organizational conflict

Inter-organizational conflict

The bases to inter-organizational conflicts are essentially the same as the bases on inter-oup conflict. The types of inter-organizational conflict are between management and government, management and management, union and government etc.

Intra-organizational conflict

Intra-organisational conflict are mainly three kinds:

• Horizontal conflict: It refers to conflict between employees of departments a the same hierarchical level in an organization.

• Vertical conflict: If refers to any conflict between different hierarchical levels in an organisation. It occurs usually in superior-subordinate relations. The reasons for vertical conflicts are inadequate communication, differences in interest, perception and attitudes between position holders occupying different levels.

• Line and staff conflict: It refers to conflict between line managers and staff specialists.

Conflict Management

Conflict has to be resolved as soon as the optimum level is crossed and before dysfunctional consequences start occurring. Following are some of the techniques employed to resolve conflict.

Dominance through position

Quiet often managers use positional authority to fire a lower ranking subordinate they consider to be a trouble-maker. Individuals, in organisation, with rare exception, recognize and accept the authority of their superiors as an acceptable way or resolving conflicts. Although they may not be in agreement with these decisions, the abide by them.

Appeals procedures

The people in disagreements may appeal to higher authority to help them to arrive at a solution by resolving the problem satisfactorily.

Liaison groups

To arbit differences between two warring factions, an arbitrator can be appoint who can use this expertise and persuasion to achieve coordination and get people together.

Reduce interdependence

On way to resolve conflict is to reduce interdependences. Departments may be provided with resources that are independent of those provided for other departments.

Employee Counselling | Counselling

2012-09-30T05:10:00.000-07:00

Emotions are part of the nature of human beings and emotional upsets are part of their life. It is sometimes more disastrous to suppress emotions. The emotional problems affect the interest of the employees himself and the organisatoin in which he is working for. The problems may reduce their productivity, morale and increase absenteeism. Hence the managers should take steps to maintain a reasonable emotional balance of their employees and channelize their emotions on the constructive lines. The instrument with which the managers can achieve such balance is called counselling.

Counselling is a method of understanding and helping people who have technical, personal and emotional or adjustment problems that usually has emotional contents that an employee with the objective of reducing it so that performance is maintained at adequate level or even improved upon.

Objective of Counselling

The general objective of the manager in counselling sub-ordinates is to help the individual remain effective in his job and performance of his duties in the organisatoin. The man purpose of counselling in industry is to help employees in overcoming their neurotic or emotionally based illness that accounts for a substantial part of employee absenteeism and turnover.

Forms of Counselling

Counselling may be formal or informal. Formal counselling implies the direct intention of the management to structure a counselling relationship between the employee and his supervisor or sometimes a counselling specialist with adequate professional training. Such counselling on a systematic and planned basis may take place at three levels.

• Supervisor’s counselling with his subordinates periodically,

• Professional counselling within the organisation by staff members of personnel department, and

• Counselling by psychiatrists from inside or outside the organisation.

Informal counselling is done in the natural course of human relations among individuals who have mutual confidence and respect for each other judgments. It takes place in the normal work situation without any predetermined schedule and is considered as a part of he routine duty of a manager. Quit often, the subordinates does not know or realize that counselling is taking place.

Techniques of Counselling

On the basis of techniques counselling could be

• Directive Counselling

• Non-directive Counselling

• Cooperative Counselling

Directive Counselling centre around the counselor. The counselor, after hearing the problems of an employee, decides what should be done and give advice and suggestion to him to resolve the problem. But directive counselling seldom succeeds, as people do not wish to take up advice normally, no matter how good it might be.

Nondirective Counselling is the process of skillfully listening the emotional problems of an employee, understand him and determine the course of action to be adopted to resolve his problem. It focuses on the counselee hence it is called ‘client centred’ ounselling. Professional counselors usually adopt this method of ounselling. The unique advantage of this type of counselling is its ability to cause the employees reorientation. The main stress is to ‘change’ the person instead of dealing with his immediate problem only. The non-directive counselor deals with respect the person so affected. He takes the person as best to solve his own problems and he facilitates the person to reach his goal.

Cooperative Counselling is the process in which both the councellor and client mutually cooperate to solve the problems of the client. It is not either wholly client centred nor wholly counselor centred but it is centred both councellor and client equally. It is defined as mutual discussion of an employee’s emotional problem to set up conditions and plans of actions that will remedy it. This form of counselling appears to be more suitable to managerial attitude and temperament in our country.

Among the three from of counselling, the advice offered in directive counseling considers the surface crises; the nondirective counselling goes to the underlining cause, the real crisis that leads the employee to understand his problem. It is thus suggested that nondirective to counselling is, probably, the best among the three forms.

Counselling Process

The counselling process, normally consists of the following stages:

Initiating

This involves developing mutual understanding openness and acceptance between counselor and counseled. This rapport building is essential to initiate the counselling.

Exploration

This involved understanding with the help of the counselling, the counsellee’s own situation, his feelings, his strengths and weakness, his problems and needs.

The councellor allows the counselee to talk about anything even apparently unrelated to the issue. It is important for the counselor to achieve a free flow of expression-often through rumblings – of the employee. The counselor will need an alert and receptive mind for this. The councellor, however, see to it that the councellor eventually concentrates his thoughts on his problem rather than stray away from it. The counselor has to help the counselee in concentrating more on the problem and getting deeper into it and to discover the basic problems by himself.

Formulation of action plan

This involved exploring possible solutions and formulating action plan for implementing them to make the counselee the normal person.

Counselling and Industrial Relations

When employee are affected by job related and personal problems that very much affect the organizational welfare besides their own. Hence, if he problems are not identified in the initial stages itself and solved, they may assume a serious proportion and ultimately affect the employee and organisation resulting in poor industrial relations. Hence the organisatoins should take these problem seriously and solve them. If the problems are relating to technical or job related, the line manager knows well from his experience how and what changes he may suggest that may help restoration of employee’s effective performance. Concerning career problems the supervisors may refer such cases to the personnel specialists within the organisation. Again, it is the line supervisors who must create confidence on the minds of their subordinates that they can solve even the personal problems of their employees. The supervisors should also be aware of that personal and job related problems are largely inseparable and the employee brings his total personality to his work and hence the organizations should also help their employees to solve their personal problems to the extent possible through counselling.

Having understood the importance of counselling as a tool of solving the various problems of the employees and help them the maintain/ improve concentration in their work performance, now many organizations start adopting conselling practices and procedure to maintain better industrial relations.

Industrial Health and Social Security

2012-09-30T05:07:00.001-07:00

The greatest activity over the past few decades, in so far as employees benefits are concerned, has occurred in the areas of health and social security. Industrial health is comparatively an new system of public health and preventive medicine practiced among industrial groups with the specific object of improving their health and preventing the occurrence of disease as well as injury to them. In the traditional sense, health implies “the mere absence of an ascertainable disease or infirmity”, but in its present connotation, health is “the outcome of the interaction between the individual and his environment”. According to such a dynamic approach, industrial health may comprise measures for (i) protecting the workers/employees against any health hazards arising our of their work or the condition under which it si carried on; (in) fostering the adaptation of workers to the jobs and work environment and thus contributing towards the employees’ physical as well as mental adjustments; and (iii) promoting the establishment and maintenance of the highest possible degree of physical mental and social well-being of the workers. A large segment of the adult male population and quite a number of adult females too, spend a considerable portion of their working time today in an industrial setting where they are employed. Industry exposes the employee to certain hazards the may affect his health adversely. It is with the intention of reducing such hazards and improving the employee’s health that the discipline of industrial health has come into being as a branch of public health. The introduction of industrial organisation may contribute effectively to a positive reduction in employee absenteeism and turnover as well as discontent and indiscipline among the employees and thus may improve their morale, work performance and productivity.

Obviously employees in the modern industrial setting are subject to various types of health hazards and occupational diseases. According to one view, the normal health hazards may be caused by-

• Chemical substances at the work place such as carbon monoxide, carbon dioxide, sulphur dioxide, sulphuric acid, acetic acid etc. When they are inhaled or absorbed by the skin which may result in acute or chronic sickness including respiratory or heart diseases, cancer and neurological disorders they may shorten life expectancy;

• Biological factors including sickness caused by bacteria, fungi, viruses, dietary deficiencies, allergies, emotional strains due to fear, anxiety etc. and

• Environmental factors including illness due to radiation, noise, vibrations and shocks or atmospheric conditions such as inadequate ventilation, lighting arrangement or very high or low temperature at the work place.

While exposure of workers to radiation may cause cataract, vibration and shocks may cause nerve injury and inflammation of tissues of he joints of the operative’s hands and improper lighting may impair the employee’s vision, it has been pointed out that many manufacturing processes are accompanied by such noise as is capable of not only impairing the hearing of a workers but also of making it difficult for him to hear any warning of an impending danger.

Besides such health hazards, various occupational diseases may also be caused as a result of the physical conditions and the presence of poisonous and non-poisonous dust and toxic substances in the atmosphere during the process of manufacturing or extraction. Such diseases are usually slow to develop and generally cumulative in their effects. Each diseases are usually slow to develop and generally cumulative in their effects.

In India, a list of such diseases are appended to sections 89 and 90 of the Factories Act, 1948 as well as the Workmen’s Compensation Act, 1923 which includes lead poisoning, phosphorous poisoning, arsenic poisoning, chorome ulceration, anthrax silicosis, primarily cancers of skin, dermatitis due to action of mineral oil, asbestosis, toxic anemia, begassoise etc.

Social Security

Broadly speaking, financial and social insecurity means inability or lack of capacity of a person or individual to protect himself from the risks of unemployment, sickness, industrial accidents or disability, old age and other contingencies. Thus linked with problems of employees safety and industrial health of workers is the question of provision of security to them by the society or the government.

In industrial undertakings, workers are often subject to periodic unemployment due to sickness, industrial accidents, old age, or on account of financial sickness or not so-efficient condition of business. These may incapacitate a worker temporarily or permanently and lead to unemployment causing financial misery and other consequences. Ordinarily, workers do not have financial resources to cope up with these problems or alternative means of livelihood. In these circumstances it is obligatory on the part of industrial establishment and the government to help these workers and provide them security or what we call social security.

Social security is a system of protection or support provided by the society or government to workers and their families in time of sudden calamity, sickness, unemployment, injuries, industrial accidents, disablement, ole age or other contingencies.

Social security programmes include –

• Medicare and insurance benefits

• Medical help at the time of injury and accident and provision financial compensation and relief.

• Pension in case of disablement

• Unemployment insurance or allowance

• Maternity benefits

• Death payments and family pension

• Retirement benefits or old age relief etc.

Social Security Programmes in India

In pre-independence period, a beginning was made in social security with the passing of the Workmen’s Compensation Act, 1923. After independence, the government of India has enacted a number of laws and has introduced and implemented many schemes to provide social security to industrial workers. Some important acts and schemes in this context are discussed below.

Workmen’s compensation act, 1923

Workmen’s Compensation Act, passed by the Government of India in 1923, became effective from July 1, 1924. The act provided for payment of compensation to workmen and their dependents in case of injury, accident and some occupational diseases arising our of and in the course of employment and resulting in disablement and death. The act is applicable to railway men and persons working in factories, mines, plantations, mechanically propelled vehicles, construction works and certain other hazardous occupations. The rate of compensation ranges from Rs. 20,000 to Rs. 90,000 in case of death and from Rs. 24,000 to Rs. 1,14,000 in case of permanent disablement depending on wages of workmen. In case of partial disablements, the rate of compensation is 50 per cent of the wages of workmen and is to be paid for a maximum period of 5 years. The act, however, does not apply to workmen who are covered by the Employees State Insurance Act, 1948.

Maternity benefit act, 1961

The Government of Mumbai was the first one which passed Maternity Benefits Act in 1929. Now, such laws are in force in almost every state of the country. The Maternity Benefit Act, 1961 passed by Central Government regulates employment of women in certain establishments for certain period before and after child birth and provides for maternity and other benefits. The Act covers female works in mines, factories, circus industry, plantations, hotels, restaurants and shops and establishments employing ten or more persons. There is no wage limit for coverage under the Act. The act entitles the female workers to get about 3 months or 12 weeks maternity leave with full wages. However this act is not applicable to those female workers who are covered by Employees State Insurance Act, 1948.

Employees state insurance act, 1948 (ESI scheme)

The Employee State Insurance Act, 1948 is the most important comprehensive scheme for providing social security benefits. The scheme which was originally framed to cover perennial i.e. non-seasonal factories using power and employing 20 or more persons has been gradually extended to smaller factories, hotels, restaurants, cinemas, shops, etc. employing 20 or more persons. It covers employees drawing wages upto Rs. 1600 per month. The Act provides for medical care in kind and cash, benefits in the contingency of sickness, maternity employment injury and pension for dependents on the death of the worker because of employment injury.

Full Medicare and hospitalization is also being progressively made to members of family of he injured persons. The act aims at providing compulsory and contributory health insurance coverage to workers, For the purpose, the government has set ups employees’ State Insurance fund administered by an autonomous Employees’ State Insurance Corporation. Finances for the fund come from the contribution from employers and employees and government grants. Employees have to contribute compulsorily a nominal sum, a small percentage of the wages towards this insurance coverage. Presently employers are required to contribute 1.25 per cent of their total wage bill towards the fund. There is a network of hospitals, annexes and dispensaries established at important industrial centers throughout the country to provide medical care and other facilities to workers. The scheme covers about 62 lakhs employees.

Employment provided fund

The Employment Provident Fund and Miscellaneous Provision Act, 1952 provides retirements benefits such as provident fund, family pension and deposit-linked insurance. This act covers establishments employing 20 or more persons and is restricted to those drawing wages up to Rs. 3500 per month and is applicable to about 175 industries or classes of establishments. The minimum rate of contribution under the act presently is 8.33 per cent. However in respect of 98 industries or classes of establishment employing 50 or more persons, it has been enhanced to 10 per cent. Under the act, this contribution is deducted from the wages of employees and deposited in the Fund set up for the purpose. The employers have to make a matching contribution. The amount of provident fund held in employee’s name along with interest is paid to him at the time or his retirement.

Death relief

A Death Relief Fund was established under the Employee Provident Fund Scheme in 1964 to provide financial assistance to nominees or heirs of deceased members of unexempted establishments getting maximum salary of Rs. 1500 per month at the time of death. The amount was restricted to the sum equal to the amount of PF balance falling short of Rs. 2000.

Employees deposit-linked insurance schemes, 1976 as amended in 1990

Under this scheme, in case of death of an employee, the person entitled to received his accumulated provident fund gets an additional insurance amount equal to average balance in PF account of the deceased during the preceding twelve months provided that such average balance was not less than Rs. 500 during the said period. The maximum amount to be paid is restricted to Rs. 25,000 and the employees are not required to make any contribution to it.

Family pension scheme

This scheme was introduced in 1971. It provides long-term financial security to families of industrial workers in case of their premature death. It is made out of the Employees Provident Fund to which the government makes additional contribution for the purpose. Family pension ranges from Rs. 225 to Rs. 750 per month depending on the period of membership. Presently family pensioners are also entitled to assurance benefits of Rs. 500 to meet immediate expenses.

Retirement-cum-withdrawal benefit

A member is entitled to withdrawal benefit on retirement or superannuation at the rates ranging between Rs. 110 to Rs. 400 (for one years membership) and from Rs. 9000 to Rs. 19825 (for 40 years membership) depending upon the pay range of the members and length of his membership.

Payment of gratuity act, 1972

This Act is applicable to factories, mines, oil-fields, plantations, ports, railways, automobiles undertakings, companies, shops etc. The act covers employees receiven wages upto Rs. 2500 per month. The act provides for payment of gratuity at the rate of 15 days wages for each complete year of service subject to a maximum of Rs. 50,000. In such case of seasonal establishments gratuity is payable at the rate of seven days’ wages for each season.

Personnel departments can play an important role in ensuring safety, health, security and welfare of the workers engaged in the organisation. The first thing they can do is to make employees aware of the safety measures, rules and regulation, and their rights concerning compensation payable to them in case of accidents and injuries and about the provisions of various social security measure in force for their welfare. This can be done by organizing training courses. They can help in reducing accidents and thus, lower the cost of worker’s compensation by persuading the management to provide a safe working environment.

An important implication for the personnel department is that it should provide adequate the reasonable financial and security benefits and facilities. It should also comply with various legal rules and regulation honestly and faithfully.

Worker’s Education and Training

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The workers in the country should be regarded as the most significant component of the citizen community and they should be psychologically satisfied by providing opportunities for education and training. It has been aptly said that “the major capital stock of an industrially advanced country is not in its physical equipment, it is the body of knowledge amassed from the tested findings and the capacity and the training of population to use this knowledge effectively”. It has now been increasingly realized that there is a growing need for the kind of education that will properly equip the workers and trade unions to meet their increasingly heavy economic and social responsibilities.

Concept of Worker’s Education

It is very difficult to define precisely the term “workers’ education”, partly because of the “lack of definitiveness of aim or workers’ education”, and partly due to “lack of unanimity amongst labour experts on these aims”. At a Seminar convened by the I.L.O. in Copenhangen in 1956 to consider the question of workers’ education, it was gathered that the participants had very different conceptions of workers’ educations. To some, it meant “education of the workers as a trade unionist”, to others, it meant “basic education for workers who lacked opportunity in formal schooling”, to still others, it meant “education of the workers as a member of the community and as a producer, consumer or citizen”.

The term “workers’ education” has assumed different meanings in different countries due to historical reasons. “In the United States of America workers’ education is considered as synonymous with training in trade union leadership. In the U.K. it covers trade unionism, general adult education and vocational education. In many countries of Western Europe, workers’ education refers to education in citizenship. In the developing countries, including India, the term workers’ education is used in its wider connotation and aims at making the worker a better operative, a better union member and a better citizen.

According to Harry Laidlar, “Workers’ education is an attempt on the part of the organized labour to educate his own members under in educational system in which the workers prescribe the courses of instruction, select the teachers and in considerable measure furnish the finance”. The definition emphasizes upon:

• The trade union o educate its own members;

• The educational system should be such in which the workers themselves prepare the syllabi and curricula and themselves select the teachers; and

• The system of education should be financed by the fund of the union concerned.

Florence Peterson observes, “The workers’ education, as commonly used, in not a generic term but has a specific connotation. It is a special kind of adult education designed to give workers a better understanding for their status, problem, rights and responsibilities as workers, as union members, as consumers and as citizens”.

According to another authority, “Workers’ education and trade union are synonymous, since the chief aim of workers’, education is to equip the trade unions to take a more active interest in the movement.” But trade union education is narrower in scope in as much as it only confines itself in training workers to become good members of trade union whereas the workers’ education besides providing the workers the training in trade unions also aims at social and fundamental education as that is given with view to making a worker a good citizen as well as a good member of the trade union.

According to the Encyclopedia of Social sciences, “Workers’ Education” seeks to help the worker solve his problems not as an individual but as a member of his social class. aS a whole, workers’ education has to take into consideration the educational needs of the worker as an individual for his personal evolution; as an operative – for his efficiency and advancement; as a citizen – for a happy and integrated life in the community; as a member of a trade union – for the protection of his interests as a member of the working class.”.

“It is , therefore, to bridge the lacuna by illiteracy, to create better understanding of work and one’s own place in national economy, to prepare worker for effective collaboration with the management, to make him a better citizen, to create leadership among the ranks of labour, to replace outsiders in trade unions and ultimately to make them conscious of their rights and responsibilities that worker’s education aims at”.

Characteristic Features of Worker’s Education

On the basis of the various definitions given of workers’ education, certain characteristic features may be noted as below:

• The scope of workers’ education is much wider than that of trade union education.

• Worker’s education is designed to create trade union consciousness in the workers besides making them good citizens and training them to understand their status, rights and responsibilities.

• In workers’ education, the workers themselves form the curriculum and select their own teaches.

• The institutions providing workers’ education are controlled, financed and managed by the workers.

• It is based upon the idea of gaining more the more strength for the bargaining power of trade and producing workers who should behave as workers,

• It differs from vocational and professional education as its main aim is to train a worker for his group advancement and for the solution of group problems, whereas vocational and professional education aims at individual advancement.

• The approach in workers’ education is psychological and philosophical.

• It includes general education, vocational education, technical education, social education and training in trade unionism.

Aims and Objects of Workers’ Education

According to the National Commission on Labour, workers’ educations should make a worker:

• A responsibly committed and disciplined operative;

• Understand the basic economic and technical aspect of the industry and the plant where he is employed so that he can take an intelligent interest in its affairs;

• Aware of his rights and obligations;

• Understand the organisatoin and functioning of the union as well as develop qualities of leadership, loyalty and devotion towards trade union work so that the can intelligently participate in the affairs of his union;

• Lead a clean and healthy life based on a firm ethical foundations; and

• A responsible and alert citizen.

In the words of the Director-General of the I.L.O., “The primary aim of workers” education is to enable the worker to put his finger on problems confronting him in his social group; he must acquire a certain culture so that in his capacity of an individual he can locate his proper place within his own trade and milieu; he must understand both his position in the enterprise as well as the role of the enterprise itself within the general framework of national and economic development; he must know what man represents and how he should behave in society, family, neighborhoods, workplace and nation. Training programmers will stem logically from the foregoing the workers’ place in society, the study of his rights and duties, the need for trade unionism and its role, knowledge of the undertaking and of economic principles, labour legislation, human relations without losing sight of a few basic essentials such as how to write a letter or a report, to calculate a wage sheet, to contribute effectively in meetings, tec. All of which will help to equip him to express and put to practical use the ideas, experience and teaching received”.

The workers’ Education Review Committee in India has laid down the following objectives:

• To equip all sections of workers, including rural workers, for intelligent participation in social and economic development of the nations in accordance with its declared objectives;

• To develop among workers a greater understanding of the problems of their social and economic environment, their responsibilities towards family members and their rights and obligations as citizens, as workers in industry and as members and officials of their trade unions:

• To develop leadership from among the rank and file of workers themselves;

• To develop strong, united and more responsible trade unions through more enlightened members and better trained officials;

• To strengthen democratic process and traditions in the trade unions movement; and

• To enable trade unions themselves to take over ultimately the function of workers’ educations.

Contents of Worker’s Education

The contents of workers’ education cannot be put in water-tight compartment as the cultural outlook, historical background, availability of resources in men, material and money and stage of economic development differs from country to country. But in general the scope and contents of workers’ education should be determined according to the environment, employment and union development. It should include different types of education ranging from general education to trade union education covering vocational guidance, technological training, literacy and artistic studies and the manner of conducting conferences and seminars.

The content of workers’ education should be built around core subjects such as Industrial Economics (particularly organizational and financial aspects of industrial units), Industrial and Social Psychology, Industrial Sociology, Labour Economies, Philosophy, co-operative and Community Organisation.

The broad contents should cover:

• Organisation, recruitment of members, farming of constitution, registration, collection of dues, maintenance of accounts, correspondence and other office work, submission of returns, propaganda, of research memoranda, fighting cases in labour courts, negotiations with employers and the States.

• Relevant economic and social problems, such as grievance procedures, methods of collective bargaining, determination of wages, productivity problems, economics of employment and social security, planning for economic development, indices of wages, and consumer prices, labour statistics, provisions of social and labour legislation, labor welfare and international labour problems.

• With emphasis on trade union leadership, workers’ education should also deal directly with areas like history the trade union movement, structure, constitution, administration and methods of organisation of trade unions; communication with members, delegation of authority, elections of representatives; aims and objective of trade unions and methods of achieving these; holding of meetings and writing of reports; trade union finance; general and political funds; adult, accounts control and safeguard of the funds; mutual insurance, welfare work of trade unions, community services; cultural, recreational, educational and cooperative activities; union management relations, implementation of laws and awards; strikes and demonstrations; Union-State relations; labour administration and policy; Inter-union relations; social and labour legislation and practices concerting their legal rights and obligations.

Teaching Techniques

The workers’ education courses may be conducted in the campus itself. The workers may also be given practical training in the field. Extension work may also form a part of the programme of workers’ educations.

The techniques employed in imparting workers’ education are: (i) the general lectures, delivered in simple, direct and unambiguous language; (ii) discussions on the topics/ issues involved; (iii) arranging study groups; and (iv) correspondence courses.

Modern methods of teaching are adopted, and for this purpose a number of educational aids and devices are used – like films, films strips, radio and recording, flip card, pictorial charts, flash cards, posters, flannel graphs, maps and diagrams, wall newspapers, etc.

Demonstration, special lectures, tests seminars, debates, role-playing, arranging symposia, case studies and two-way communication methods are also encouraged. Educational visits and study tours of the trainees to union-offices, factories and multipurpose projects are important aspects of workers’ education.

The results of workers’ education programmes have not been very impressive and leaves a vast scope for its improvement. The success of the programme depends to a great extent on responsive cooperation from the unions and management, besides active and enthusiastic participation by the worker-teachers, rank and file workers, and trade union leaders.

Worker’s Training

Till recently, India had been suffering from acute shortage of skilled and trained workers for a number of occupations and industries; and majority of the workers suffered from low efficiency, which necessarily meant that the rate of skill formation ahs been low. Besides, factors like social attitude towards industrial work, differentials between he income of skilled and unskilled workers, and the training and educational facilities available in the country, the educational system has also been responsible for this state of affairs. Bringing about any change in these is an uphill task. But for rapid industrial development, the provision of training facilities for the workers is the great need of he hour. This training pre-supposes a sound basis of universal literacy, proper planning an utilization of trained personnel and utilization of trained personnel, and properly designed training institutes. Needless to say that trained leads to higher efficiency and increased productivity, less waste, reduced supervision, higher employee earning, reduced accidents, increased organizational stability and flexibility, heightened morale and vertical job mobility.

Training Schemes of D.G.E.T.

The Directorate General of Employment and Training has evolved various training programmes for the young persons. Such programmes comprise:

1. Craftsmen’s Training Programmes

2. Craft Instructor Training

3. Advanced Vocational Training

4. Foremen’s Training

5. Apprenticeship Training Schemes

6. Part-time Training to Industrial Workers

7. Vocational Training Programme for Women

Craftmen’s training

To provide training to young men and women in the age-group 15-25, the D.G.E.T. has set up Industrial Training (it is) all over the country. To promote the efficiency of craftsmen trainees, aptitude tests have been introduced which are applied for the selection of craftsmen – Trainees in engineering trades and one year for non-engineering trades. National Trade Certificates are issued to the successful candidates.

Craft instructors’ training

The central training institutes train craft instructors required by the ITIs and the apprentice training establishments. For example, training in chemical group of trades is provided at Bombay institute, and in hotel catering at the Hyderabad Institute; the institutes at Kanpur, Bombay and Ludhiana provide training in printing, weaving and farm machines trade.

Advanced vocational training system

Under this system, training of highly skilled workers and technicians are provided in a variety of advanced and sophisticated skills not available from other vocational training programmes.

Foremen’s training

For the training of foremen an institute was set up. Training is provided to the existing and potential shop foremen and supervisors in theoretical and managerial skills and workers from industry in advances technical skills.

Apprenticeships training scheme

Under the Apprentices Act, 1961, employees are required to engage apprentices. For such apprentices, training is provided in basic trades and on the job.

Part-time training for industrial workers

For industrial workers, part-time evening classes are organized to improve their standards of working. Industrial workers, possessing two years workshop experience in a particular trade and sponsored by their employers are eligible for admission to this course.

Vocational training programme for women

The National Vocational Training Institute for Women provides instructor training, basic training and advanced training in selected trades particularly suitable for women.

But, substantial training capacities have remained unutilized. Further, the training programmes do not take into account local and regional needs. The quality of the training programme need to be increased a large extent.

Collective Bargaining

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In the work situation, an individual worker has to face many problems such as, low wages, long hours of work, loss incentive etc. These problems of an individual or few individuals cannot attract the attention of the employer because of their less bargaining power. The growth of trade union increased the bargaining strength of workers and enables them to bargain for their better conditions collectively.

Collective bargaining is a source of solving the problems of employees in the work situation collectively. It provides a good climate for discussing the problems of workers with their employers. The employees put their demands before the employers and the employers also give certain concession to them. Thus it ensures that the management cannot take unilateral decision concerning the work ignoring the workers. It also helps the workers to achieve responsible wages, working conditions, working hours, fringe benefits etc. It provides them a collective strength to bargain with employer. It also provides the employers some control over the employees.

The process of collective bargaining is bipartite in nature, i.e. the negotiations are between the employers and employees without a third party’s intervention. Thus collective bargaining serves to bridge the emotional and physiological gulf between the workers and employers though direct discussions.

Meaning

The term collective bargaining is made up of two words, ‘collective’ – which means a ‘group action’ through representation and ‘bargaining’, means ‘negotiating’, which involves proposals and counter-proposals, offers and counter-offers. Thus it means collective negotiations between the employer and the employee, relating to their work situations. The success of these negotiations depends upon mutual understanding and give and take principles between the employers and employees.

Definitions

Collective bargaining has different meanings for different individuals or groups. Trade Unions, management and public interpret the term in their own ways. Let us now discuss some leading definitions:

According to the Encyclopedia of social sciences, “Collective bargaining is a process of discussion and negotiation between two parties, one or both of whom is a group of persons acting in concert. The resulting bargain is an understanding as to the terms and conditions which a continuing service is to be performed. More specifically, collective bargaining is a procedure, by which employer and a group of employees agree upon the conditions of work”.

Richardson says, “Collective bargaining takes place when a number of work people enter into negotiation as a bargaining unit with an employer or a group of employers with the object of reaching agreement on conditions of the employment of the work people”.

The I.L.O. workers manual defines collective bargaining as, “negotiation about working conditions and terms of employment between an employer, a group of employers or one or more employer’s organizations, on the one hand, and one or more representative workers organisation on the other with a view of reaching an agreement.

Salient Features

• It is a collective process in which representatives of employers and employees participate mutually.

• It is a flexible and dynamic process wherein no party adopt a rigid attitude.

• It is a bipartite process whereas the representatives of workers and management get an opportunity for clear and face to face negotiation.

• It is a continuous process which can establish regular and stable relationship between worker’s organisatoin and management.

• It is a practical way to establish an industrial democracy.

• It is a good method of promoting industrial jurisprudence.

• It is good form of interdisciplinary system (i.e. a function embodying economic psychological, administrative, ethical and other aspects.)

• It is a process that includes efforts from preliminary preparations to the presentation of conflicting view points, collection of necessary facts, understanding of view points, taking correct decisions etc.

Importance

Whatever labour laws may lay down, it is the approach of employers and trade unions which matters and unless both are enlightened, industrial harmony is not possible. Therefore, the solution to common problems can be found directly through negotiation between both parties and in this context the scope of collective bargaining is very great.

Collective bargaining is really beneficial forms the stand part of employees and their unions as well as management. If it works well, it develops a sense of self-responsibility and self-respect among the employees concerned and thus significantly paves the way for improved employee morale and productivity.

Collective bargaining restricts management’s freedom for arbitrary action and thereby management learns a new code of behaviour by conceiving of the union as a method of dealing with employees. The management also comes to know the grievances of workers in advance and it gives an opportunity to take precautionary measure. Moreover, collective bargaining opens u the channel of communication between top and bottom levels of an organization.

From the point of the view of the society, collective bargaining; if property conducted, result in the establishment of a harmonious industrial climate which helps for the socio-economic development of the nation. It builds up a system of industrial jurisprudence by introducing civil rights in industry and ensures that management is conduct by rules rather than by a arbitrary decisions. It extends the democratic principles from the political to industrial field.

Functions

Prof. Butler has viewed the functions as:

• a process of social change

• a peace treaty between two parties

• a system of industrial jurisprudence

Collective bargaining as a process of social change

Collective bargaining enhances the status of the working class in the society. Wage earners have enhanced their social and economic position in relation to other groups.

Employers have also retained high power and dignity through collective bargaining.

Collective bargaining as a peace treaty

Collective bargaining serves as a peace treat between the employers and employees. However the settlement between the two parties is a compromise.

Collective bargaining as an industrial jurisprudence

Collective bargaining creates a system of “Industrial Jurisprudence”. It is a method of introducing civil rights into industry. It establishes rules which define and restrict the traditional authority exercised by employers over their employees placing part of the authority under joint control of union and management.

In addition to the above, its functions include:

• Increasing the economic strength to employers and employers.

• Improving working conditions and fair wages.

• Maintaining peace in industry

• Prompt and fair redressel of grievances.

• Promoting stability and prosperity of the industry.

Principles of Collective Bargaining

The success of collective bargaining is based on certain principles. These principles are to be followed by the employers and unions. Prof. Arnold. F. Campo has laid down certain principles for union and management, for management and for union.

For both union and management

1. Collective bargaining process should give due consideration to hear the problems on both sides. This will develop mutual understanding of a problem which is more important for arriving at the solutions.

2. Both the management and union should analyze the alternatives to arrive at the best solution.

3. There must be mutual respect on both the parties. The management should respect the unions and the unions should recognize the importance of management.

4. Both the union and management must have good faith and confidence in discussion and arriving at a solution.

5. Collective bargaining required effective leadership on both sides, on the union side and management side to moderate discussions and create confidence.

6. In collective bargaining both the union and management should observe the laws and regulations in practice in arriving at a solution.

7. In all negotiations, the labour should be given due consideration – in wage fixation, in working conditions, bonus etc.

For management

1. Management should think of realistic principles and policies for labour regulations.

2. The recognitions of a trade union to represent the problems is more essential. If there are more than one union, the management can recognize on which is having the support of majority of workers.

3. Management should follow a policy of goodwill, and cooperation in collective bargaining rather than an indifferent attitude towards the union.

4. Managements need not wait for trade union to represent their grievances for settlement. Management can voluntarily take measures to settle the grievances.

5. Managements should give due consideration to social and economic conditions of workers in collective bargaining.

For unions

1. Unions should avoid undemocratic practices.

2. Unions have to recognize their duties to the management also before emphasizing their demands.

3. Unions have to consider the benefits to all workers rather than a section of workers.

4. Strike lock-outs should be resorted to, only as a last measure. As far as possible they have to be avoided by compromise and discussion.

Forms of Collective Bargaining

The forms of collective bargaining differ from country to country and time to time in India. Collective bargaining takes the following forms:

1. Settlements under industrial disputes act: According to this, negotiations are carried out by officers according to the Industrial Disputes Act.

2. Settlements by parties: In this case settlements are arrived at by parties themselves without the interference of a third party.

3. Consent awards: Here the agreements are negotiated by the parties on a voluntary basis when disputes are subjudiced. Later these are submitted to the labour courts.

4. Direct negotiation: In this agreements are arrived at by both the parties after direct negation. The enforcement of these agreements depends upon the goodwill and cooperation of the parties.

On the basis of the level (in which collective bargaining takes place) it can be classified as:

1. Plant level bargaining

2. Industry level bargaining

3. National level bargaining

Plant level bargaining

It is the micro level bargaining. It takes place in the particular unit between the management and the trade unions of that unit.

Industry level bargaining

Several unions of the same industry form and association and negotiate with the employers.

National level bargaining

In this, the representatives of trade unions and employers at the national level will negotiate.

The Contents of Collective Bargaining Agreements

The scope of collective bargaining has increased during the recent years. Prof. Randle observes that the increase in the scope of collective bargaining is due to the growth of trade unions, increased response by the managements, increased response by the managements, increased prices and the legislations.

Problems relating to security of trade unions, wages, promotions, transfers, hours and conditions or work, holidays and leave with wages, safety and health etc. are included in the collective bargaining.

The Institute of Personal Management includes the following in a collective agreement.

• Nature, scope, definition and purpose of agreement.

• Rights and responsibilities of management and trade unions.

• Wages, bonus, production norms, leave, retirements benefits and other benefits and terms and conditions of service.

• Grievance redressal procedure.

• Methods and machinery for the settlements of possible future, disputes, and

• A termination clause

Thus collective bargaining includes not only the negotiation of wages, but also working condition, labour welfare and organizational matters.

Process of Collective Bargaining

The process of collective bargaining consists of two stages, (i) the negotiation state, and (ii) the contract administration.

Negotiation Stage

At the negotiation stage certain proposals are put forward for mutual agreement after careful consideration. The negotiation stage consists of three steps.

• Preparation for negotiation

• Negotiation procedure

• Follow up action

Preparation for negotiation

First the union will submit their fresh contract to the management before the expiry of existing contract (usually 30 to 60 days before the expiry). Both the management and unions will take considerable time to the preparation and negotiation.

They collect the required data relating to large number of issues such as wage, salary, seniority, overtime allowance, the cost of living, the policies of trade unions and management, nature of agreement in other companies etc.

The company will collect such information its internal sources – such as balance sheet, contract agreements, market research reports, Govt. reports etc. The trade union also collects such data from their own central organisation, research staff from various Department etc.

The personal department prepares a personal, which includes –

• Specific proposals of the company including the objectives of negotiation.

• Estimating the cost of implementing the proposals.

• Classifying the demands as demands acceptable before negotiation, demands acceptable after negotiation, demands which cannot be accepted. Such proposals are based on company’s commitment to shareholders, consumers, workers and public.

Negotiation technique or procedure

In this step, a negotiation committee is to be formed by both the parties. From the management side the representative include the chief executives. The unions is represented by the leaders and centrals leaders. The committee consists of three to six members.

The demands are classified as demands which need bargaining and demands which may be rejected. During negotiations, normally the easier demands are taken up first. Both parties should have a “bargaining cushion”, and make counter proposals. For example, a demand for wage increase by the union, may be accompanied by a counter proposal for increase in production by the management. Such negotiations go on till the “point of no return” is being reached. A rigid or irrevocable stance should always be avoided.

Follow-up action

At this stage, the agreement is printed and circulated among all the employees. The supervisors will be enlightened about the agreements for their effective implementation.

Contract Administration

Agreement will be useful if they are executed properly. As observed by Profs. Illiamson and Harries, “if anything is more important to industrial relations than the contract itself, it is the administration of the contract”.

Prof. Campo has laid down the following general principles for administering the contact effectively;

• Cooperation between both the parties is essential. Both the parties should have a tolerant attitude towards each other and have a spirit of accommodation and goodwill.

• Proper procedure should be adopted for the redressal of grievances by providing opportunity to exchange views.

• When a conference over the redressal of grievance reaches an impasse, the grievance should be referred to arbitration.

• Both the parties should honour the commitment.

Pre-requisite for Successful Collective Bargaining

Collective bargaining will be more effective under the following conditions:

Negotiating team

Negotiating team should represent all groups including production, finance and industrial relations experts. The team should be headed by an appropriate person with adequate authority to take decisions.

Recognition of unions

The management should recognize the trade union and analyze the facts in their representation of grievances. Mutual understanding encourages mutual agreement.

Open mind

Both the management and union should have open minds to listen and appreciate each others point of view with flexibility and adjustment.

‘Home Work’ on demands

The union and management have to collect relevant data relating wages, conditions of work, welfare schemes, cost of benefits.

Routine problems

The management and unions have to identify the grievances on routine basis and take appropriate action then and there.

Internal union democracy

Trade unions should encourage internal union democracy by consulting the rank and file members.

Importance to output

Trade unions should also give importance to output, quality of the products, company’s image etc., in addition to their wages, bonus, working conditions etc.

Strikes/ lockouts

Strikes and lockouts should be resorted to as last measure. Before taking any decision, both the union and management should conduct periodic discussions to avoid strikes and lockouts.

Collective bargaining has gradually been taking roots in Indian soil. Most of the collective bargaining agreements were concluded at plant level. Some industry level agreements were also concluded in textile industries in Bombay and Ahemadabad.

The scope is widening. It includes matters relating to productivity, bonus, modernization, standing orders, voluntary arbitration, incentive schemes and job evaluation etc. The number of agreement has been increasing. Most of the agreements were relating to wages. In a study conducted by E.F.I. shows that out of 109 agreements 96 were relating towages.

Thus collective bargaining is an important method of solving problems, thorough mutual understanding. If used properly it can solve the problems of both the parties- management and union through mutual confidence.

Collective bargaining is also used as a tool for bringing coordination between workers and managements. It also serves as tool of communication of views by both management and works. In the long-run it will serve as an instrument for labour participation in management and pave way for he cordial industrial relations in India.

Collective bargaining in central public sector undertakings

Collective bargaining in central public sector undertakings is done according to the guidelines issued by the Departments of Public Enterprises (earlier known as the Bureau of Public Enterprises). This department gives the content and limits of financial commitments which a public enterpriser can make with the union during the course of bargaining. However, in many instances these4 limits are circumvented by the management by making gentleman’s promises with the unions on several issues outside the written agreement and implementing these promises over a period through administrative orders.

In core industries like steel, ports and docks and banks, collective bargaining is done at the national level for the industry as a whole. Thus, in steel industry, one main collective agreement is entered into by the National Joint Consultative Forum on behalf of all private and public sector steel units with other unions. This is followed by several supplementary agreements being entered into at the plant level to cover aspects not resulted in creating uniform wage structures and fringe benefit patterns in all public sector units irrespective of the nature of industry (labour or capital intensive) and the paying capacity of a unit as determined by its financial performance. This is in sharp contrast to a private sector unit where its wages and fringe benefits are more geared to its specific requirements and circumstances.

Employee Discipline

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Discipline may be defined as an attitude of mind which aims at inculcating restraint, orderly behaviour and respect for and willing obedience to a recognized authority. In any industry discipline is a useful tool for developing, improving and stabilizing the personality of workers. Industrial discipline is essential for the smooth running of an organisation, for increasing production and productivity, for the maintenance of industrial peace and for the prosperity of the industry and the nation. It is a process of bringing multifarious advantages to the organisation and its employees.

Meaning

Webster’s Dictionary gives three meanings to the world “discipline”. First, it is the training that corrects, moulds, strengthens or perfects individual behaviour; second, it is control gained by enforcing obedience; and third, it is punishment or chastisement.

According to Dr. Spiegel, “discipline is the force that prompts an individual or a group to observe the rules, regulations and procedures which are deemed to be necessary to the attainment of an objective; it is force or fear of force which restraints an individual or a group from doing things which are deemed to be destructive of group objectives.

Discipline is a product of culture and environment and a basic part of the management of employee attitudes and behaviour. It is a determinative and positive willingness which prompts individuals and groups to carry out the instructions issued by management, and abide by the rules of conduct and standards or work which have been established to ensure the successful attainment of organizational objectives. It is also a punitive or a big stick approach which imposes a penalty or punishment in case of disciplinary violations.

There are two types of discipline, one is positive and the other is negative. Positive Discipline employs constructive force to secure its compliance. It is immeasurably more effective and pays a greater role in business management. Negative Discipline, on the other hand, includes both the application of penalties for violation and the fear of penalties that serve as a deterrent to violation. Positive discipline prevails only where the employees have a high morale. In other situations, negative discipline becomes unavoidable.

Aims and objectives

The main aims and objectives of discipline are:

• To obtain a willing acceptance of the rules, regulations and procedures of an organisation so that organizational objectives can be attained;

• To develop among the employees a spirit of tolerance and a desire to make adjustments;

• To give and seek direction and responsibility;

• To create an atmosphere of respect for human personality and human relations;

• To increase the working efficiency morale of the employees; and

• To impart an element of certainty despite several differences in informal behaviour patterns and other related changes in an organisation.

Indiscipline

The term ‘indiscipline’ generally means the violation of formal or informal rules and regulations in an organisation. Indiscipline, if unchecked, will affect the morale of the organisation. Hence indiscipline is to be checked by appropriate positive means to maintain industrial peace.

Causes for indiscipline in organizations

It is more complex and difficult to identify the causes of indiscipline. The policies and procedures of organizations, the attitude of the management towards workers, the attitude of workers, individual behaviors etc. are the causes for indiscipline.

The important causes for indiscipline are:

• Ineffective leadership to control, coordinate and motivate workers.

• Low wages and poor working conditions.

• Lack of timely redressal or workers’ grievances.

• Lack or defective grievance procedure.

• Character of the workers such as gambling, drinking, violet nature etc.

• Political influence.

Principle Of Effective Discipline

Disciplinary actions have serious repercussions on the employees and on the industry, and, therefore, must be based on certain principles in order to be fair, just and acceptable to be the employee and their unions. Therefore, in any discipline maintenance system, certain principles are to be observed such as:

1. The rules of discipline, as far as possible, should be framed in cooperation and collaboration with the representatives of employees for their easy implementation. Employees in a group should be associated in the process of discipline enforcement. The group as a whole can control an individual works much more effectively than the management can through a process of remote control or by imposing occasional penalties. Informal groups are likely to exert social pressures on wrong-doers avoiding the need for negative disciplinary actions.

2. The rules and regulations should be appraised at frequent and regular intervals to ensure that they are appropriate, sensible and useful.

3. The rules and regulations should be flexible to suit different categories of employees in the organisation, i.e., both the blue-collar workers and white-collar employees.

4. The rules must be uniformly enforced for their proper acceptance. They must be applied fairly and impersonally. In other words, all defaulters should be treated alike, depending upon the nature of their offence and past record. Any discrimination or favoritism in this regard is likely to create discontent among the employees. Further, there should be a definite and precise provision for appeal and review of all disciplinary actions.

5. The rules of discipline embodied in the standing orders, or in the company’s manual, must be properly and carefully communicated to every employee preferably at the time of induction for their easy acceptance. It serves as a warning and a learning process and helps to improve future behaviors of the employees in the enterprise.

6. Every kind of disciplinary penalty, even if it is a rebuke or a warning, should be recorded. In some of the American industries they have what is known as the “pink slip system”. Pink slips are issued as warning signals to a defaulting employee. A person who has been issued with a stated number of pink slips will be liable to be laid-off or discharged, and no elaborate procedure has to be followed.

7. The responsibility for maintaining employee discipline should be enirusted to a responsible person (e.g. a line executive), through it is the personnel officer who should be given the responsibility of offering advice and assistance. The line executive should issue only verbal and written warnings. In serious matters, which warrant suspension, discharge etc., the industrial relations departments should be consulted.

8. Disciplinary actions should be taken in private because its main objectives is to ensure that a wrong behaviour is corrected and not that the wrongdoer is punished. If disciplinary actions are taken in the presence of other employees, it may offend the sense of dignity of the employee and impair his social standing with his colleagues. Similarly, an immediate supervisor should never be disciplined in the presence of his subordinates. If this happens, it would lower his status and authority, and make it difficult, if not impossible, for him to discipline his subordinates under certain circumstances.

9. A punitive actions must satisfy the principle of natural justice. The management must act without bias and without vindictiveness, and its disciplinary actions must be based on justice and fairplay. The punishment should be commensurate with the gravity of the offence. An individual is presumed to be innocent until he is proved to be guilty. The burden of proof is on the employer and not on the employee.

Approaches to Discipline Enforcement

The different approaches to discipline include-

• Human Relations Approach

• Human Resources Approach

• Group Discipline Approach

• The Leadership Approach and

Under human relations approach, the employee is treated as human being and his acts of indiscipline will be dealt from the view point of human values, aspirations, problems, needs, goals, behaviors etc. In this approach the employee is helped to correct his deviations.

Under human resources approach, the employee is considered as ‘resource’ as an asset to the organisation. This approach analysis the cause of indiscipline from management activities such as defects in selections, training, motivations, leadership etc., after indentifying the defects, corrective steps are carried out by the management.

Under group discipline approach, group as a whole, sets the standard of disciplines and punishments for the deviations. In this approach, trade unions also act as agencies in maintaining discipline in work situation.

Under the leadership approach, in disciplinary cases are dealt on the basis of legislations and court decisions. The Industrial Employment (Standing Orders) Act, 1946 to a certain extent, prescribed the correct procedure that should be followed before awarding punishment to an employee.

Code of Discipline

The Fifteenth Indian Labour Conference discussed the question of discipline in industry and lain down the following general principles:

• There should be no lock-out or strike without notice.

• No unilateral action should be taken in connection with any industrial matter.

• There should be no recourse to go-slow tactics.

• No deliberate damage should be caused to plant or property.

• Acts of violence, intimidation, coercion or instigation should not be resorted to.

• The existing machinery for settlement of disputes should be utilized.

• Awards and agreements should be speedily implemented.

• Any agreement which disturbs cordial industrial relations should be avoided.

The Code embodies four parts. Part I contains the duties and responsibilities of employees, workers and the government in maintaining discipline in industry. Part II enlists the common obligations of management and unions. Part III deals with the obligations of management only, while Part IV relates to those of the unions only. In additions, Annexure-A to the Code embodies the national level agreement on the criteria for the recognition of unions. A supplementary document contains the rights of recognized unions and a model grievance procedure. Thus, the Code is highly comprehensive and ethical in its approach to the industrial relations system. It has been reproduced below.

Part –I: To maintain discipline in industry (both in public and private sectors)

There has to be: (i) a just recognition by employers and workers of the rights and responsibilities of either party, as defined by the laws and agreements (including bipartite and tripartite agreements arrived at all levels from time to time); and ii) a proper and willing discharge by either party of its obligation consequent on such recognition.

Part – II: To ensure better discipline in industry, management and union(s) agree

• that no unilateral actions should be taken in connection with any industrial matter and that disputes should be settled at appropriate level;

• that the existing machinery for settlement of disputes should be utilized with the utmost expedition.

• that there should be no strike or lock-out without notice;

• that affirming their faith in democratic principles, they bind themselves to settle all future differences, disputes and grievances by mutual negotiation, conciliation and voluntary arbitration;

• that neither will have recourse to (a) coercion, (b) intimidation, (c) victimization, and (d) go-show;

• that they will avoid (a) litigation, (b) sit-down and stay-in-strikes, and (c) lock-uts;

• that they will promote constructive cooperation between their representatives at all levels and as between workers themselves and abide by the spirit of agreements mutually entered into;

• that they will establish upon a mutually agreed basis a Grievance Procedure which will ensure a speedy and full investigation leading to settlement;

• that they will abide by various stages in the Grievance Procedure and take no arbitrary action which would by-pass this procedure; and

• that they will educate the management personnel and workers regarding their obligations to each other.

Part-III Management agrees

• not to increase work-loads unless agreed upon or settled otherwise;

• not to support or encourage nay unfair labour practice such as: (a) interference with the right of employees to enroll or continue as union members; (b) discriminations, restraint or coercion against any employee because of recognized activity of trade unions; and (c) victimization of any employee and abuse of authority in any form;

• to take prompt actions for (a) settlement of grievance, and (b) implementation of settlements, awards, decisions and orders;

• to display in conspicuous places in the undertaking the provision of this Code in local language(s);

• to distinguish between actions justifying immediate discharge and those where discharge must e preceded by a warning, reprimand, suspension or some other form of disciplinary action and to arrange that all such disciplinary action should be subject to an appeal through normal Grievance Procedure;

• to take appropriate disciplinary action against its officers and members in cases where enquiries reveal that they were responsible for precipitate action by workers leading to indiscipline; and

• to recognize the unions in accordance with the criteria (Annexure A given below) evolved at the 16th session of the Indian Labour Conference held in May, 1958.

Part-IV: Union(s) agree

• not to encourage any form of physical duress;

• not to permit demonstrations which are not peaceful and not to permit rowdyism in demonstration;

• that their members will not engage or cause other employees to engage in any union activity during working hours, unless as provided for by law, agreement or practice;

• to discourage unfair labour practices such as: (a) negligence of duty, (b) careless operation, (c) damage to property, (d) interference with or disturbance to normal work, and (e) insubordination;

• to take prompt actions to implement awards, agreements, settlements and decisions;

• to display in conspicuous places in the union offices, the provision of this Code in the local language(s); and

• to express disapproval and to take appropriate action against office bearers and members for indulging in action against the spirit of this Code.

The Code does not have any legal section but the following moral sanctions are behind it:

1. The Central Employers’ and Workers’ Organizations shall take the following steps against their constituent units guilty of breaches of Code:

• to ask the unit to explain the infringement of the Code;

• to give notice to the unit to set right the infringement within a specific period;

• to warn, and in case persistent violation of the Code; and

• not to give countenance, in any manner, to non-members who did not observe the Code; and

• not to give countenance, in any manner, to non-members who did not observe the Code.

2. Grave, willful and persistent breaches of the Code by any party should be widely publicized.

3. Failure to observe the Code would entail derecognition normally for a period of one year-this period may be increased or decreased by the implementing Committee concerned.

4. A dispute may not ordinarily be referred for adjudication if there is a strike or lockout without proper notice or in breach of the code as determined by an Implementation.

The Code of Discipline worked well at the beginning of its introduction and had a considerable impact on the industrial relations scene. But, however, the impact of the Code was not sustained over a long period of time due to several problems in its application and implementation. The spirit of the Code has not been imbibed by the central organisations which were signatories to it.

According to the National Commission on Labour, the Code has had only limited success and was obviously not the answer to the industrial relations problems. The Code began to rust and the parties were more eager to take it off; they developed an attitude of indifference. As regards the future of the Code, the Commission was in favour of giving a legal form to its important provisions regarding recognition of unions, grievance procedure, unfair labour practices, and the like. With the removal of these provisions from the Code to give them a statutory shape, the Code will have no useful function to perform.

Discipline is a two-way traffic and a breach of discipline on the part of either party in industry will cause unrest. The approach to managing discipline depends to a great extent upon managerial philosophy, culture and attitude towards the employees. A negative approach to discipline relies heavily on punitive measures and in the line with the traditional managerial attitude of “hire and fire” and obedience to orders. On the other hand, a constructive approach stress on modifying forbidden behaviour by taking positive steps like educating, counseling etc., The concept of positive discipline promotion aims at the generation of a sense of self-discipline and disciplined behaviour in all the human beings in a dynamic organizational setting, instead of discipline imposed by force or punishment. In brief, the approach to the disciplinary action in most cases should be corrective rather than punitive.

Grievances Handling

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A grievance is a sign of the employees’ discontent with job and its nature. It is caused due to the difference between employee expectation and management practice.

Beach defines a grievance as, ‘any dissatisfaction or feeling of injustice in connection with one’s employment situation that is brought to the notice of the management.

Jucius defines a grievance as ‘any discontent or dissatisfaction, whether exposed or not, whether valid or not, arising out of anything connected with the company which an employee thinks, believes or even feels to be unfair, unjust and inequitable’.

A grievance is a problem submitted by an employee or by a few employees of different types. It may be conce4ring a situation or may likely to affect the terms and conditions of employment of one worker or a few workers.

In the Indian context, ‘grievance’ may be said to “the representation by a worker, a group of workers or the unions to the management relation to the terms and conditions of employment, breach of the freedom of association or the provisions of standing orders or non-implementation of the Government orders, conciliation agreeme4nts or adjudicators’ awards”. It may also include representation against non-compliance with provision of a collective agreement in an establishment where it has been signed.

Grievances usually result in definite and considerable loses to employee morale, efficiency and productivity. The accumulation of grievance leads to strikes, lock outs and other forms of conflicts. Therefore, proper disposal of grievances deserves special and adequate consideration in any programme of harmonizing industrial relations.

Areas of Grievances

Grievances resulting from working conditions

• Poor physical conditions of work place.

• Lack of proper tools, machines and equipments.

• Frequent changes in schedules or procedures.

• Rigid production standards

• Improper matching of the worker with the job.

• Poor relationship with the supervisor.

Grievances resulting from management policy and practices

• Poor payment

• Lack of job security

• Inadequate benefits such as medical benefits, leave travel concession etc.

• Leave facilities

• Seniority

• Transfer

• Promotion

• Lack of career planning and development

• Hostility towards labour union

• Defective leadership style

• Communication gap

Grievances resulting from alleged violations of

• Violation collective bargaining agreement

• Violation of Central/State laws

• Violation of common rules

Grievances resulting from personal maladjustment

• Over ambition

• Excessive self-esteem

Methods of Indentifying Grievances

The following methods can help the employer to identify the grievances:

1. Directive observation: Knowledge of human behaviour is requisite quality of every good manager. From the changed behaviour of employees, he should be able to snuff the causes of grievances. This he can do without its knowledge to the employee. This method will give general pattern of grievances. In addition to normal routine, periodic interviews with the employees, group meetings and collective bargaining are the specific occasions where direct observation can help in unfolding the grievances.

2. Grip boxes: The boxes (like suggestion boxes) are placed at easily accessible spots to most employees in the organisation. The employees can file anonymous complaints about their dissatisfaction in these boxes. Due to anonymity, the fear of managerial action is avoided. Moreover management’s interest is also limited to the free and fair views of employees.

3. Open door policy: Most democratic by nature, the policy is preached most but practiced very rarely in Indian organizations. But this method will be more useful in absence of an effective grievance procedure, otherwise the organisation will do well to have a grievance procedure. Open door policy demands that the employees, even at the lowest rank, should have easy access to the chief executive to get his grievances redressed.

4. Exit interview: Higher employee turnover is a problem of every organisation. Employees leave the organisation either due to dissatisfaction or for better prospects. Exit interviews may be conducted to know the reasons for leaving the job. Properly conducted exit interviews can provide significant information about the strengths and weaknesses of the organisation and can pave way for further improving the management policies for its labour force.

Principles or Guidelines for Grievance Handling

1. In handling grievances, a considerable amount of time must be spent in talking to employees; gathering data from them and passing on various types of information. Such talks to be most effective, should conform to definite patterns and adhere to well tested rules.

2. The manager must seek to develop an attitude towards employees that should be helpful in gaining their confidence. The management should also display a sincere interest in the problems of employees and their constructive willingness to be to help to them with a view to gain not only their confidence but also their utmost loyal by and genuine cooperation.

3. The procedure adopt by the management in handling the grievances must be apparent.

4. Grievances should be handled in terms of their total effect on the organisation and not solely their immediate or individual effect.

Steps in handling grievances

It is important that grievance must be handled in a systematic manner. The following steps should be taken in handling grievances:

1. Defining, describing or expressing the nature of the grievances as clearly and fully as possible;

2. Gathering all facts that serve to explain when, how, where, to whom and why the grievance occurred;

3. Establishing tentative solutions or answers to the grievances;

4. Gathering additional information to check the validity of the solutions and thus ascertain the best possible solution;

5. Applying the solution, and

6. Following up the case to see that it has been handled satisfactorily and the trouble has been eliminated.

Grievance handling procedures

Grievance procedure is the most significant channel through which dissatisfaction of employees can be communicated to management. A grievance procedure is an ordered multistep process that the employer and employee jointly use to redress grievances and resolve disputes that arise. Thus a formal procedure which attempts to resolve the differences of parties involved, in an orderly, peaceful and expeditious manner, may be defined as grievance procedure or grievance redressal machinery. The steps in this machinery vary from organisation to organisation.

For handling grievances, as a first step, the management is required to designate the persons for each of the various departments to be approached by the works and the department heads for handling grievances as the second step. A Grievance Committee may also be constituted with representatives of workers and management.

The model grievance producer give the various steps through which a grievance should be processed.

First, the grievance is taken to the departmental representative of the management who has to give an answer within 48 hours. Failing this, the aggrieved worker/ employee can beet the departmental head along with the departmental representative of the management and this step is allotted three days. Above this, the grievance is taken up by the Grievance Committee which should make its recommendations to the manager within seven days. The final decision of the management has to be communicated to the workers or employee concerned within three days of the Grievance Committee’s recommendations. If the employee is not satisfied, he can make an appeal for revision and the management has to communicate its decision within a week. In the case of non-settlement, the grievance may be referred to voluntary arbitration. The formal conciliation machinery will not be invoked till the final decision of the top management has been found unacceptable by the aggrieved employee.

In the case of any grievance arising out of discharge or dismissal, the workman or employee has the right to appeal either to the dismissing authority or to a senior authority specific by the management within a week from the date of dismissal or discharge.

Although the grievance procedure gives the employees opportunity to raise their grievances to the highest possible level of management, yet they should be resolved as close as possible to their source. The main object of grievance procedure is to resolve the grievance at earliest possible stage. The management must convince itself that justice is not only done, but seen to be done and the presence of a trade union representative with the aggrieved party helps to ensure fair play not only for the employee concerned, but also for his management.

Industrial Disputes

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Meaning

According to Section 2(K) of the Industrial Disputes Act, 1947, and ‘industrial dispute’ means “any dispute or difference between employers and employees or between employers and workmen or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person.

Thus form the legal point of view, industrial dispute does not merely refer to difference between labour and capital as is generally thought, but it refers to differences that affect groups of workmen and employers engaged in an industry. Essentially, therefore, the differences of opinions between employers and workmen in regard to employment, non-employment, terms of employment or the conditions of labour where the contesting parties are directly and substantially interested in maintaining their respective contentious constitute the subject-matter of an industrial dispute.

Causes of Industrial Disputes

The causes of industrial conflict or disputes have been much varied. These may be described partly a psychological or social and partly political, but predominantly economic. Some important factors responsible for industrial conflict and poor industrial relations many be briefly stated as follows:

· Management’s general apathetic towards workers or employees because of their contention that they want more and more economic or monetary rewards and want to do less work.

· Mental inertia on the part of both management and labour.

· Lack of proper fixation of wages inconformity with cost of living and a reasonable wage structure generally.

· Bad working conditions.

· Attempts by management to introduce changes (such a rationalization, modernization or automation) without creating a favourable to appropriate climate or environment for the same.

· Lack of competence or training on the part of first-line supervision as well management at upper levels in the practice of human relations.

· Assignment of unduly heavy work-loads to worker, unfair labour practices (such as victimization or undue dismissal).

· Lack of strong and healthy trade unionism, lack of a proper policy of union recognition and inter-union rivalries.

· A spirit of non-cooperation and a general tendency among employees to criticize or oppose managerial policies or decisions even when they may be in the right directions.

· A fall in the standard of discipline among employees largely due to wrong or improper leadership, often resulting in insubordination or disobedience on the part of employees.

· Difference in regard to sharing the gains of increased productivity.

· Inadequate collective bargaining agreements.

· Legal complexities in the industrial relations machinery or settlement of industrial disputes.

· Lack of necessary changes in the working of government in accordance with changing needs and circumstances.

· Combination of too much law and too little respect for law even at high levels.

· Growing factional and personal difference among rank-and-file employees who are union members or union leaders and a tendency on the part of the management in some cases to prefer having with outside leaders and not give due respect to worker-leaders.

· Political environment of the country; and

· Agitation and wrong propaganda by selfish labour leaders to further their own interests of their own party.

Forms of Disputes

Strikes, lockouts and gheraos are the most common forms of disputes.

Strike

“Strike” means a cessation of work by a body of persons employed in any industry acting in combination; or a concerted refusal or a refusal under a common understanding or an number of persons who are or have been so employed to continue to work or to accept employment.

The following points may be noted regarding the definition of strike:

· Strike can take place only when there is a cessation of work or refusal to work by the workmen acting in combination or in a concerted manner.

· A concerted refusal or a refusal under a common understanding of any number of persons to continue to work or to accept employment will amount to a strike. A general strike is one when there is a concert of combination of workers stopping or refusing to resume work. Going on mass casual leave under a common understanding amounts to a strike.

· If on the sudden death of a fellow-worker, the workmen acting in concert refuse to resume work, it amounts to a strike (National Textile Workers’ Union Vs. Shree Meenakshi Mills (1951) II L.L.J. 516).

· The striking workman, must be employed in an ‘industry’ which has not been closed down.

· Even when workmen cease to work, the relationship of employers and employees is deemed to continue albeit in a state of belligerent suspension.

Types of Strike

· Stay-in, sit-down, pen-down strike: In all such cases, the workmen after taking their seats, refuse to do work. All such acts on the part of the workmen acting in combination, amount to a strike.

· Go-slow: Go-slow does not amount to strike, but it is a serious case of is conduct.

· Sympathetic strike : Cessation of work in the support of the demands of workmen belonging to other employer is called a sympathetic strike. The management can take disciplinary action for the absence of workmen. However, in Remalingam Vs. Indian Metallurgical Corporation, Madras, 1964-I L.L.J.81, it was held that such cessation of work will not amount to a strike since there is no intention to use the strike against the management.

· Hunger strike: Some workers may resort to fast on or near the place of work or residence of the employers. If it is peaceful and does not result in cessation of work, it will not constitute a strike. But if due to such an fact, even those present for work, could not be given work, it will amount to strike (Pepariach Sugar Mills Ltd. Vs. Their Workmen).

· Lightning or wildcat strike: A wildcat strike is an unofficial strike i.e. a strike not sanctioned by the union. Such strikes occasionally occur in violation of the no-strike pledge in collective bargaining agreements. In such a situation union is obliged to use its best efforts to end the strike. Such strikes are prohibited in public utility services under Section 22 of the Industrial Disputes Act, 1947. Further, the standing order of a company generally required for notice.

· Work-to-rule: Since there is a no cessation of work, it does not constitute a strike.

Lockout

Section 2(1) of the Industrial Disputes Act, 1947 defines “lockout” to mean the temporary closing of a place of employment or the suspension of work, or the refusal by an employers to continue to employ any number of persons employed by him, lockout, thus, is the counterpart of strike – the corresponding weapon the hands of employer to resist the collective demands of workmen or to enforce his terms. It has been held by the courts that the suspension of work as a disciplinary measure does not amount to lockout. Similarly, temporary suspension of work called lay-off is not lock-out.

Gherao

Gherao means encirclement of the managers to criminally intimidate him to accept the demands of the workers. It amounts to criminal conspiracy under Section 120-A of the I.P.C. and is not saved by Sec. 17 of the Trade Unions Act on the grounds of its being a concerted activity.

Regulation of strikes and lock-outs

Employees do not have an unfettered right to go on strike nor do employers have such right to impost lockout. The Industrial Disputes Act lays down several restrictions on the rights of both the parties. A strike or lockout commenced or continued in contravention of those restriction is termed illegal and there is serve punishment provided for the same.

Illegal strikes and lockout are of two types:

· Those which are illegal form the time of their commencement; and

· Those which are not illegal at the time of commencement but become illegal subsequently.

Section 22 and 23 of the IDA provide for certain restriction which if not followed make strikes and lockouts illegal from their very commencement.

According to this section, no person employed shall go on strike in breach of contract-

· Without giving notice of strike to the employer, as here matter provided, within 6 week before striking; or

· Within fourteen days of giving such notice; or

· Before the expiry of the date of strike specified in any such notice as aforesaid; or

· During the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings.

Consequences of illegal strikes and lock-outs.

1. Penalty for illegal strikes [Sec.26(1)]: Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal, shall be punishable with imprisonment for a term which may extend to 1 month, or with fine which may extend to Rs. 50, or with both.

2. Penalty for illegal lock-out [Sec.26(2): Any employer who commences, continues or otherwise acts in furtherance of a lock-out which is illegal, shall be punishable with imprisonment for a term which may extend to 1 month, or with fine which may extend to Rs. 1,000 or with both.

3. Penalty for instigation, etc. [Sec. 27]: Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal, shall be punishable with imprisonment for a term which may extend to 6 months, or with fine which may extend to Rs. 1,000 or with both.

4. Penalty for giving financial aid for illegal strikes and lock-outs [Sec. 28] : Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punishable with an imprisonment for a term which may extend to 6 months, or with fine which may extend to Rs. 1,000 or with both.

Machinery for Prevention and Settlement of Industrial Relations

The machinery for prevention and settlement of the disputes has been given in the following figure:

Machinery for Prevention and Settlement of Industrial Relations

Voluntary Methods

Code of discipline

Formally announced in 1958, the Code of Discipline provides guidelines for the workers, unions and employers. The code which was approved by major national trade unions and principal organisation of employers enjoyed on them to create an environment of mutual trust and cooperation and to settle the disputes by mutual negotiation, conciliation and voluntary arbitration. It required the employers and workers to utilize the existing machinery for the settlement of disputes.

A few important provisions of code of discipline are:

· Strikes and lockout cannot be declared without proper notice.

· The parties should not take any action without consulting each other.

· There should be no go slow statistics or any resort to deliberate damage to plant or property or resort to acts of violence, intimidation, coercion etc.

The code has moral sanction only and it does not entail any legal liability or punishment.

Tripartite machinery

Tripartite machinery consists of various bodies like Indian Labour Conference, the Standing Labour Committee, the International Committees, the Central Implementation and Evaluation Committee and the Committee on conventions. Generally, these committees include representatives from centre and the states, and the same number of workers’ and employers’ organisatoins. These various committees are basically of advisory nature, yet they carry considerable weight among the government, workers and employers.

Workers’ participation in management

Workers’ participation in management is an essential ingredient of industrial democracy. The concept of workers participation in management is based on “Human Relations” approach to management which brought about new set of values to labour and management.

According to one view, workers participation is based on the fundamental concept that the ordinary workers invest his labour in, and ties his fate to, his place of work and, therefore, he has a legitimate right to have a share in influencing the various aspects of company policy”.

According to G.S. Walpole, participation in management gives the workers a sense of importance, pride and accomplishment; it gives him the freedom and the opportunity for self-expression; a feeling of belonging to his place of work and a sense of workmanship and creativity. It provides for the integration of his interests with those of the management and makes him a joint partners in the enterprise”.

The forms of workers participation in management vary from industry to industry and country to country depending upon the political system, pattern of management relations and subject or area of participation. The forms of workers participation may be as follows:

1. Joint Consultation Modes

2. Joint Decision Model

3. Self Management, or Auto Management Scheme

4. Workers Representation on Board

It should be borne in mind that when individuals are provided with opportunities for expression and share in decision-making, they show much initiative and accept responsibility substantially. The rationale of workers’ participation in management lies in that it helps in creating amongst the workers a sense of involvement in their organisatoin, a better understanding of their role in the smooth functioning of industry and provides them a means of self-realization, thereby, promoting efficiency and increased productivity.

Collective bargaining

Collective bargaining is a source of solving the problems of employees in the work situation collectively. It provides a good climate for discussing the problems of workers with their employers. The employees put their demands before the employers and the employers also gives certain concession to them. Thus it ensures that the management cannot take unilateral decisions concerning the work ignoring the workers. It also helps the works to achieve reasonable wages, working conditions, working hours, fringe benefits etc. It provides them a collective strength to bargain with the employer. It also provides the employer some control over the employees.

The process of collective bargaining is bipartite in nature i.e., the negotiations are between the employers without a thirds party’s intervention. Thus collective bargaining serves to bridge the emotional and physiological between the workers and employers through direct discussions.

Government Machinery

The Ministry of Labour and Employment at the centre is the key agency for the policy formulation and administration in all the matters pertaining to labour. The State governments with the cooperation of their labour departments are responsible for the enforcement thereof. The Directorate General of Employment and Training (DGET), Office of Chief Labour Commissioner (CLC) (Central), the Director General of Mines Safety (DGMS), the Director General of Factory Advice and Labour Institutes, and Industrial Tribunals are some of the agencies through which the Central Government discharges its functions related to framing of labour laws and settlement of industrial disputes. The Labour Secretary is the overall incharge of policy formulation and administration, and commissioners of labour in the States are the operative arms for the effective implementation of Labour Laws.

Statutory Measures – Industrial Disputes Act, 1947

The States are free to frame their own labour laws as the labour falls in the concurrent list, Some States like Maharashtra, M.P., U.P. and Rajasthan have their own Acts. In the rest of the states, Industrial Disputes Act, 1947 applies. However, in the States having their own Acts, the IDA, 1947 will be applicable to the industries not covered by the State Legislation. Formally announced in 1947, the Industrial Disputes Act, has been amended several times since then. Under the Act the following authorities have been proposed for the investigation and settlement of industrial disputes.

Works committees

The IDA, 1947 provides for setting up works committees in every organisation having 100 or more employees. Having representatives of employees and employees, these are consultative bodies and are set up for maintaining harmonious relations at the work lace and sort out the difference if any. Though the act does not define the jurisdiction of these committees, yet their functions mainly include providing proper working conditions and amenities for the welfare of employees at the work place or away from the work. A work committee aims at promoting measures for securing the preserving amity and good relations between employees and workers.

Conciliation

When the services of a neural party are availed for the amicable solution of a dispute between the disputing parties, this practice is known as conciliation. The IDA, 1947 provides for conciliation and it can be utilized either by appointing Conciliation Officer or by setting up Board or Conciliation.

The Conciliation Officers are appointed by the Government by notifying in the Official Gazettee. Usually at the State level, Commissioners of Labour, Additional and Deputy Commissioners of Labour act as Conciliation Officer for disputes arising in any undertaking employing less than twenty workers. In the conciliation process the officer ties to bring the disputing parties together towards a settlement of the dispute and hence works as a mediator. The intervention of conciliation officer may e mandatory or discretionary. But in the disputes related to public utilities in respect of which proper notice is served to him, his intervention becomes mandatory.

The Board of Conciliation is a higher forum and is constituted for a specific dispute. It consists of equal number of representatives of employers and employees under the chairmanship of an independent person, appointed by the government. The Board has to submit its report to the government regarding the dispute within two months from the date dispute was referred to it. However, depending on the case, the period can be extended.

Voluntary arbitration

Industrial Disputes (Amendment) Bill, 1956 incorporated Section 10A favouring voluntary arbitration. In case of existed or apprehended dispute, the disputing parties can enter into an arbitration agreement in writing. The success of voluntary arbitration depends on “a sufficient degree of mutual confidence in decision by agreement on subjects which may be submitted for arbitration”.

Court of enquiry

The IDA, 1947 empowers the appropriate government to constitute a Court of Enquiry. This body basically is a fact-finding agency, constituted just to reveal the causes of the disputes and does not care much for the settlement thereof. The Court of Enquiry is required to submit its report to the government ordinarily within six months from the commencement of enquiry. The report of the court shall be published by the government within 30 days of its receipt.

Adjudication

If the dispute is not settled by any other method, the government may refer it for adjudication. Hence it is a compulsory method which provides for three-tier system for adjudication of industrial disputes. This machinery consists of Labour Court, Industrial Tribunals and National Tribunal. The first two bodies can be set up either by State or Central Government but the National Tribunal can be constituted by Central Government only, when it thinks that the solution of dispute is of national significance. A Labour Court consists of one person only, called Presiding Officer, who is or has been a judge of a High Court. The jurisdiction of Industrial Tribunal is comparatively wider than Labour Courts, and further the Presiding Officer of Tribunal can have two assessors may be appointed by the Central Government to help its Presiding Officer.

Labour Courts and Tribunals are now required to submit award to the appropriate government within three months in case of individual disputes The submitted award shall be published by government within 30 days from the date of its receipt. It shall come into force on the expiry of 30 days from the date if its publication and shall be operative for a period of one year, unless declared otherwise by the appropriate government.

Problems of Trade Union continued

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Enlargement of functions

The N.C.L. has stated that the “unions must pay greater attention to the basic needs of its members which are:

• to secure for workers fair wages;

• to safeguard security of tenure and improved conditions of service;

• to enlarge opportunities for promotion and training;

• to improve working and living conditions;

• to provide for educational, cultural and recreational facilities;

• to cooperate in and facilitate technological advance by broadening the understanding of workers on its underlying issues;

• to promote identity of interests of the workers with their industry;

• to offer responsible cooperation in improving levels of production and productivity, discipline, and high standard of quality; and generally

• to promote individual and collective welfare”.

In addition, “unions should also undertake social responsibilities such as

• promotion of national integration,

• influencing the socio-economic policies of the community through active participation in the formulations of these policies, and

• instilling in their members a sense of responsibility towards industry and community”.

The main objective should be to draw unions as closely as possible into the entire development process.

Leadership

Regarding leadership the N.C.L. has recommended that “(i) There should be not ban on non-employees holding the position in the executive of the unions; (ii) steps should taken in to promote international leadership and give it more responsible role (iii) internal leadership should be kept outside the pale of victimization; (iv) permissible limit of outsiders in the executive of the unions should be reduced to 25%; and (v) ex-employees should not be treated as outsiders”.

Union rivalries

In regard to union rivalries, the Commission was of the opinion that its recommendation regarding recognition of unions, building up of internal leadership, shift to collective bargaining and institution of an independent authority for union recognition would reduce them. Intra-union rivalries should be left to the central organisation concerned to settle and if it is unable to resolve the dispute the Labour Court should be set up at the request of either group or on a motion by the government.

Registration

The Commission has recommended that registration should be cancelled if: (a) its membership fell below the minimum prescribed for registration; (b) the union failed to submit its annual; (c) it submitted defective returns and defects were not rectified within the prescribed time; and (d) an application for re-registration should not be entertained within six months of the date of cancellation of registration.

Improvement of financial condition

To improve the financial conditions of the unions, the Commission recommended for the increase of membership fees.

Verification of membership

The Industrial Relations Commission should decide the representative character of a union, either by examination of membership records or if it consider necessary by holding an election by secret ballot open to all employees.

Recognition of the unions

The N.C.L. has been of the opinion that, “it would be desirable to make recognition compulsory under a Central Law in all undertakings employing 100 or more workers or where the capital invested in above a stipulated size. A trade union seeking recognition as a bargaining agent from an individual employer should have a membership of at least 30 per cent of workers in that establishment. The minimum membership should be 25 per cent, if recognition is sought for an industry in a local area”.

Trade Unionism in the International Context

To be understood in the international context, trade unionism must be examined as part of a wider concept-the labour movement as a whole. That movement consists of several more or less intimately relative related organization such as labour parties, workers’ mutual insurance organisatoins, producers’ or consumers’ cooperatives, and workers’ education and sports association. All have the common objective of improving the material, cultural, and social status of their members.

What distinguishes one organisation from another is the particular aspects of that broad objective it is endeavouring to pursue, and the particular method it employees. The relationship among the various parts of the labour movement varies from country to country and from period to period. Not all countries have produced the entire gamut of organisation referred to above; in some countries the term “labour movement” is virtually synonymous with “trade unionism”.

Origins and background of the trade union movement

Early forms of labour organisatoins

Union oriented, mainly in Great Britain the U.S.A in the late 18th and early 19th centuries, as, associations of workers using the same skill. There is no connection between trade unions and medieval craft guilds, for the latter were composed of master craftsmen who owned capital and often employer several workers. The early unions were formed a partly as social clubs but soon became increasingly concerned with improving wages and working conditions, primarily by the device of collective bargaining. Progressing from trade to trade within the same city or area, the clubs formed local associations which, because they carried on their main activities on a purely local level, were almost self-sufficient. With industrial development, however, local associations sooner or later followed the expansion of production beyond the local market and developed into national unions of the same trade. These in turn formed national union federations.

Factors favouring unionism

The unions of the early 19th century were almost exclusively based upon a particular craft. But as mass production industries – which required large numbers of rapidly trained, semiskilled workers – developed, a rend toward large-scale union organisation grew, and toward the end of the 19th century Great Britain was including unskilled workers. Unions that recruited members from such groups – whose ranks were expanding rapidly as a result of new technologies – emerged either as industrial unions or as general unions. Industrial unions attempted to organize all works employed in producing a given product or service, sometimes including even the general office or white-collar workers. General unions included skilled workers and labourers of all grades from different industries, even though they usually started from a base in one particular industry. But changing technologies, union mergers, and ideological factors led to the development of various kinds of unions that would not fit easily into any of the above categories.

Obstacles to union organisation

In most Western countries, labour movements arose out of the protest of workers and intellectuals against social and political systems based upon discrimination according to ancestry, social status, income and property. Such a system offered few avenues for individual or collective advancement. Discrimination in political franchise (restriction on or outright denials of the vote) and a lack of educational opportunities, anti-union legislation, and the whole spirit of a society founded upon acknowledged class distinction were the main sources of the social protest at the root of modern labour movements.

International Trade Union Organisation

The large trade union movements of various countries for may years have maintained loose alliances by joining international organisations of labour; federations of unions, rather than individual unions, usually hold membership. In 1901, the International Federation of Trade Unions was established, chiefly under the guidance of German unions. It proved to be ineffective and disappeared during World War I. In 1919 it was revived at Amsterdam, but immediately came into collision with the Red International of Labour Unions, established by the new government of the Soviet Union. The Communist organisation had a brief period of expansion but soon dwindled away and had disappeared before 1939.

World Federation of Trade Unions (WFTU)

Origin

The WFTU was founded in 1945 on a worldwide basis, representing trade union organisatoins in more than 50 Communist and Non-Communist countries. From he outset, the American Federation of Labour declined to participate. In January 1949, with the WFTU under Communist control, British, USA and Netherlands trade union organisatoins withdrew and went on to found the ICFTU; by June 1951 all Non-Communist trade unions and the Yogoslav Federation had withdrawn.

By the 1990s, after the collapse of the European Communist regimes, membership became uncertain; unions broke their links with the Communist parties and most were later accepted into the ICFTU. Most of the national trade union centers in Africa and Latin America moved to the ICFTU after 1989, and the French Confederation Generale du Travail has proposed withdrawal to its members.

At the Nov. 1994 Congress in Damascus, most WFTU delegates come from the developing countries (Cuba, India, South Korea, Vietnam).

In a move towards decentralization, regional offices have been set up in New Delhi (India), Havana (Cuba), Dakar (Senegal), Damascus (Syria) and Moscow (Russia).

World Confederation of Labour (WCL)

Founded in 1920 as the International Federation of Christian Trade Unions, it went our of existence in 1940 as a large proportion of its 3.4 million members were in Italy and Germany, where affiliated unions were suppressed by the Fascist and Nazi regimes. Reconstituted in 1945 and declining to merge with the WFTU or ICFTU, its policy was based on the papal encyclicals Return novarum (1891) and Quadragesimo anno (1931), and in 1968 it became the WCL and dropped its openly confessional approach.

Today, it has Protestant, Buddhist and Moslem member confederations, as well as a mainly Roman Catholic membership. In its concern to defend trade union freedoms and assist trade union development, the WCL differs little in policy from the ICFTU above. A membership of 11 million in about 90 countries is claimed. The biggest group is the Confederation of Christian Trade Unions (CSC) of Belgium (1.2 million).

Organisation

The WCL is organized on a federative basis which leaves wide discretion to its autonomous constituent unions. Its governing body is the Congress, which meets every 4 years. The Congress appoints (or re-appoints) the Secretary-General at each 4-yearly meeting. The General Council which meets at least once a year, is composed of the members of the Confederal Board (at least 22 members, elected by the Congress) and representatives of national confederations, international trade federations, and trade union organisatoins where there is not confederation affiliated to the WCL. The Confederal Board is responsible for the general leadership of the WCL, in accordance with the decisions and directive of the Council and Congress. Its headquarters is at Belgium. There are regional organisation in Latin America (Caracas), Africa (Banjul, Gambia) and Asia (Manila) and a liaison centre in Montreal.

A much smaller international organisation, the International Federation of Christian Trade Unions (IFCTU), now called the WCL (World Confederation of Labour), is made up largely of Catholic labour unions in France, Italy and Latin America. The ICFT, at its founding congress in 1949, invited the affiliates of the IFCTU to join, but the invitation was rejected. On the international scene, the WCL has been a comparatively ineffective organisation. Its influence limited to a few countries in Europe and Latin America.

International Confederation of Free Trade Unions (ICFTU)

Origin

The founding congress o f the ICFTU was held in London in December 1949 following the withdrawal of some Western trade unions from the World Federation of Trade Unions (WFTU), which had come under Communist Control. The constitution, as amended, provides for cooperation with the UN and the ILO, and for regional organisation to promote free trade unionism, especially in developing countries. The ICFTU represents some 124m. workers across 196 affiliated organizations in 136 countries.

Aims

The ICFTU aims to promote the interests of the working people and to secure recognition of worker’s organisation as free bargaining agents; to reduce the gap between rich and poor; and to defend fundamental human and trade union rights. In 1996, it campaigned for the adoption by the WTO of a social clause, with legally binding minimum labour standards.

Organisation

The Congress meets every 4 years. It elects the executive Board of 50 members nominated on an area basis for a 4-years period; 5 seats are reserved for women nominated by the Women’s Committee; and the Board meets at least once a year, Various Committees cover economic and social policy, violation of trade union and other human rights, trade union cooperation projects and also the administration of the International Solidarity Fund. There are joint ICFTU-International Trade Secretariat Committees for coordinating activities.

The ICFTU has its headquarters at Belgium; branch offices in Geneva and New York, and regional organizations in America (Caracas), Asia (Singapore) and Africa (Nairobi)

Purposes of ICFTU

Striving for world peace, the spreading of democratic institutions, increasing the standard of living for workers everywhere, a worldwide strengthening of free trade unions, and support to colonial people in their struggle for freedom. The ICFTU consistently opposed Fascist as well as Communist dictatorships, and implemented that policy by giving such aid as was possible to free labour in Spain and certain Latin American countries. It also furnished direct financial assistance to workers in Hungary and Tibet and campaigned against racialist policies in South Africa.

Failures and successes of the ICFTU

Lack of homogeneity among affiliates hindered the activity of the ICFTU in many fields, chiefly because of difference among its affiliates in the approach to unions in Communist-controlled countries. It found its work to be most effective in the area of international education. By 1960 it has created an international Solidarity Fund of $2,000,000 to aid workers who became victims of oppression and to promote democratic trade unionism in economically under developed countries. Problems of union organization were discussed at ICFTU seminars in various parts of the world, with experienced labour leaders and labour spokesmen from the less industrialized countries participating.

To facilitate the functioning of its widespread activities, the ICFTU established headquarters in Brussels, Belgium, with regional or subregional offices in may other countries. Form one or more of those centers it conducted numerous educational conferences, maintained a residential trade union training college in Calcutta, India and assisted in founding an African Labour College in Kampala, Uganda. It provided assistance to inexperienced works in areas in the first stages of industrialization and sent organizers to Lebanon, Okinawa, Cyprus, Cameroon, India, Indonesia, Nigeria and elsewhere.

It has been the consistent policy of the ICFTU to cooperate with the United Nations Educational, Scientific, and Cultural Organisation and with the International Labour Office in Geneva. It is wholly financed by contributions from its affiliates.

International Labour Organisation (ILO)

The International Labour Organisatoin (ILO) was set up in 1919 by the Versailles Peace Conference as an autonomous body associated with the League of Nations. The ILO was the only international organisation that survived the Second World War even after the dissolution of its parent body. It became the first specialized agency of the United Nations in 1946 in accordance with an agreement entered into between the two organizations. India has been a member of the ILO since its inception. A unique feature of the ILO, as distinct from other international institutions, is its tripartite character.

The aims and objectives of ILO are set out in the preamble to its Constitution and in the Declaration of Philadelphia (1944) which was formally annexed to the Constitution in 1946. The preamble affirms that universal and lasting peace can be established only if its is based upon social justice, draws attention to the existence of conditions of labour involving injustice, hardship and privation of a large number of people, and declares that improvement of these conditions is urgently required through such means as the regulation of hours of work, prevention of unemployment, provision of an adequate living wage, protection of workers against sickness, disease, and injury arising out of employment, protection of children, young persons and women, protection of the interests of migrant workers, recognition of the principle of freedom of association, and organisation of vocational and technical education. The Preamble also states that the failure of any nation to adopt human conditions of labour is an obstacle in the way of other nations desiring to improve labour conditions in their own countries.

The three main functions of the ILO are;

• to establish international labour standards;

• to collect and disseminate information on labour and industrial conditions; and

• to provide technical assistance for carrying ort programmes of social and economic development.

From the very beginning, the ILO has been confronted with the tremendous task of promoting social justice by improving the work and conditions of life in all parts of the world.

The ILO consists of three principal organs, namely, the International Labour Conference, the Governing Body and the International Labour Office. The work of the Conference and the Governing Body is supplemented by that of Regional Conferences, Regional Advisory Committees, Industrial Committees, etc. The meeting of the General Conference, held normally every year, are attended by four delegates from each member State, of whom two are government delegates and one each representing respectively the employers and the work people of the State. The International Labour Conference is the supreme organ of the ILO and acts as the legislative wing of the Organisatoin. The General Conference elect the Governing Body, adopt the Organization’s biennial programme and budget, adopt international labour standards in the form of conventions and Recommendations and provide a forum for discussion of social and labour issues. The Governing Body is the executive wing of the Organisation. It appoints the Director-General, draws up the agenda of each session of the Conference and examines the implementation by member countries of its Conventions and Recommendations. The International Labour Office, whose headquarters are located at Geneva, provides the secretariat for all conferences and other meetings and is responsible for the day-to-day implementation of the administrative and other decisions of the Conference, the Governing Body, etc. The Director-General is the chief executive of the International Labour Office. An important aspect of its work relates to the provision of assistance to member States. It also serves as a clearing house of information on all labour matters.

In order to achieve its objective, the ILO has relied on its standard-setting function. The international labour standards take the form of Conventions and Recommendations. A Convention is a treaty which, when ratified, creates binding international obligations on the country concerned. On the other hand, a Recommendation creates no such obligations but is essentially a guide to national actions. The ILO adopted a series of Conventions and Recommendations covering hours of work, employment of women, children and your persons, weekly rest, holidays leave with wages, night work, industrial safety, health, hygiene, labour inspection, social security, labour-management, relations, freedom of association, wages and wage fixation, productivity, employment, etc. One of the fundamental obligations imposed on governments by the Constitutions of the ILO is that they must submit the instruments before the competent national or State or provincial authorities within a maximum period of 18 months of their adoption by the Conference for such actions as might be considered practicable. These dynamic instruments continue to be the principal means at the disposal of the ILO to strive for establishing a just, democratic and changing social order necessary for lasting peace. In fact, these instruments have been included in the category of “international labour legislation”. These Conventions and Recommendations taken together are known as the “International Labour Code”. Wilfred Jenks describes the International Labour Code as the corpus juris of social justice.

Problems of Trade Union

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Problems of Trade Union

The following are some of the most important problems of the trade unions in India:

1. Multiplicity of Trade Unions and Inter-union Rivalry

2. Small Size of Unions

3. Financial Weakness

4. Leadership Issues

5. Politicalisation of the Unions

6. Problems of Recognition of Trade Unions

Multiplicity of trade unions

Multiple rival unionism is one of the great weaknesses of the Indian trade union movement. “Multiple unions are mainly the result of political outsiders wanting to establish unions of their own, with a view to increasing their political influence”. The existence of different conflicting or rival organisatoins, with divergent political views, is greatly responsible for inadequate and unhealthy growth of the movement. Within a single organisation one comes across a number of groups comprising or ‘insiders and outsiders’, ‘new-comers’, and ‘old-timers’, moderates’ and radicals’, and ‘high’ and low caste’ people. This develops small unions. Inter-union and intra-union rivalry undermines the strength and solidarity of the workers in many ways.

Multiplicity of unions lead to inter-union rivalries, which ultimately cuts at the very root of unionism, weakens the power of collective bargaining, and reduces the effectiveness of workers in securing their legitimate rights. Therefore, there should be “One union in one Industry”.

Inter-union rivalry

Another vexing problem is that of intra-union rivalry. Trade rivalry is acute and pervades the entire industrial scene in India. Practically every important industry, there exists parallel and competing unions, e.g. on the Indian Railways, there are two parallel Federations – the Indian Railway Men’s Federation and Indian National Federation of Railway-men.

Small Size of unions

The small size of unions is due to various factors, namely:

• The fact that by seven workers may form a union under the Trade Union Act of 1926, and get it registered and a large number of small unions have grown.

• The structure of the trade union organization in the country – which is in most cases the factory or the unit of employment; so whenever employees in a particular factory or mine are organized, a new union is formed.

• Unionism in India started with the big employers and gradually spread to smaller employers. This process is still continuing and has pulled down the average membership. Though the number of unions and union membership are increasing average membership is declining.

• Rivalry among the leaders and the Central Organisation has resulted in multiplicity of unions.

The small size of unions create problems such as:

• Lack of funds to help its members.

• Lack of ability among the leaders and members.

• Low bargaining power.

• Rivalry between the unions

• Lack of unity among workers.

Financial weakness

The financial weakness of the union may be attributed to the small size of union and poor ability of its members to contribute. The other reasons are low subscriptions and irregular payments of subscriptions by the members.

Leadership issues

Another disquieting feature of the trade unions is the ‘outside’ leadership, i.e. leadership of trade unions by persons who are professional politicians and lawyers and who have no history of physical work in the industry. There are several reasons for this phenomenon, namely.

• The rank and the file are largely illiterate as such they cannot effectively communicate with the management;

• The union’s lack of formal power tends to put a premium on the dharismatic type of the leader, usually a politician, who can play the role of the defender of the workers against the management;

• For ensuring a measure of ‘equation of power’ in collective bargaining where the workers are generally uneducated and have a low status.

• For avoiding victimisation of worker-office-bearers of the trade unions; and

• For lack of financial resources to appoint whole time office-bearers.

These political leaders are inevitably concerned with “maximizing their individual standing as political leaders rather than with, maximizing the welfare of their members”. Further, in bigger unions, direct contact with the rank and file membership and the top leaders is missing because of their hold on a number of trade unions in varied fields; they fail to pay adequate attention to any one union. Again, often these union leaders are not adequately aware of the actual needs and pressing problems of the members. They, therefore cannot put forth the case of the union effectively.

Outside leadership of the unions leads to political unionism (each union having an allegiance to a different political party), which in turn, leads to multiplicity of unions, leading to intra-union rivalry, which cause low membership leading to unsound finances and in turn, lack of welfare and other constructive activities which may infuse strength into unions and to conduct collective bargaining effectively the unions depend on outside leadership, and the vicious circle thus goes on and on.

Over and again it has been realized that “a reorientation of policy is desirable by a switchover to working class leadership”. The National Commmission on Labour gave a good deal of though to the issue whether outside leadership shoul be retained. It felt that, “there should be no ban on non-employees holding positions in the executive body of the unions as that would be a very drastic step”. The Commission also refers to the ILO convention (No. 87) concerning “freedom of association” and protection of the right to organize, and the workers’ organisation shall have the right to elect their representative in full freedom.

The commission’s own estimate was that outsiders in the unions executive bodies would be about 10%, much less than the number legally permitted. It makes the following recommendations to deal with the problem of outside leadership:

• Ex-employees of an industrial enterprise should not be treated as outsiders;

• Intensification of worker’s education;

• Penalties for victimization and similar unfair labour practices such as would discourage the growth of internal leadership;

• Intensification of efforts by trade union organizers to train workers in union organisation.

• Limiting the proportion of outsiders in the union execute;

• Establishing a convention that no union office-bearer will concurrently hold an office in a political party.

Hence, leadership should be promoted from within the rank and file and given a more responsible role. Initiative should come from the workers themselves through the launching of a vigorous programme for Workers’ Education. This will enable them to participate in the decision-making and managing the union affairs effectively.

Politicalisation of the unions

On of the biggest problems of the country’s trade union movement faces is the influence of the political parties. i.e., the most distressing feature is its political character. Harold Crouch has observed, “Even to the most casual observer of the Indian trade union scene, it must be clear that much of the behaviour of Indian unions, whether it be militant or passive behaviour can be explained in political terms.

Dr. Raman’s observations are: “Trade union multiplicity in India is directly traceable to the domination and control of the trade union movement by rival political parties…. The clay of unionism is possibly an effervescent industrial labourers, but the sculptors chiseling it into shape have certainly been members of political parties.

In a recent study, Dr. Pandey had reached the conclusion: “The unions are closely aligned with political parties, and political leaders continue to dominate the unions even now… The supreme consequence of political involvement of unions in India in general, formed to safeguard and promote the social and economic interests of workers, have tended to become tools of party politics”.

It should be noted that decisions in the trade union fields are taken by the respective political parties to which the unions are attached and, therefore, with the changing political situation, the decisions also change. With the split in the political ideology, there develops factional split in the same trade union professing the same political ideology. The divisions and sub-divisions, thus made, have affected adversely the trade union movement. It has become fragmented and disjointed. Each section pulls itself in different directions; with the result that “instead of becoming a unity and mighty torrential river, the movement is sub-divided into numerous rivulets”.

Dr. Raman ahs very aptly conclude that: “The use of political methods by trade unions may be to their advantage, but the union cause is endangered when unions allow themselves to become pawns in political fights. Political unionism has prevented the development of a movement or organisation that could be termed the workers’ own and turned the soil upside down to such a degree that it has become impossible for a genuine labour-inspired, labour-oriented, worker-led trade union movement to take root”.

Problems of recognition of trade unions

This is one of the basic issues in our industrial relation system because employers are under no obligation to give recognition to any union. In the initial stages, the attitudes of the employers towards the trade unions have been very hostile. The employers many a times have refused recognition to trade unions either on the basis that unions consist of only a minority of employees; or that two or more unions existed.

Trade Unionism

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Trade unionism is a worldwide movement and the highly strategic position occupied by trade unions in modern industrial society has been widely recognized. In most cases, employees’ associations or trade unions seem to have emerged as ‘protest movements’ reaching against the working relationships and condition created by industrialization. When industrialization begins, organization members have to be generally recruited from the ranks of former agricultural labour and artisans who have to adapt themselves to the changed conditions of industrial employment. They have to be provided with new types of economic security – wages / salaries, benefits and services etc. Often they may have to learn to live together in newly developing industrial townships and cities and also to adopt themselves to new working conditions and new pattern of work-rules imposing discipline and setting pace of work to which they are unfamiliar. Their old habits and traditions do not suffice to guide them in their daily work-behaviour and in consequence they may be disorganized and frustrated. Thus the growth of modern industrial organizations involving the employment of a large number of workers / employees in new type of working conditions and environment makes them helpless in bargaining individually for their terms of employment. As observed by Frank Tannenbaum, “The emergence of trade unionism lies in the Industrial Revolution which disrupted the older way of life and created a new society forged by the shop, the factory, the mine and the industry.

Meaning of Trade Union, Organized Labour and Labour Movement

The term ‘Trade Union’ has been defined in various ways because of wide differences in the use of this term in different countries. Of all the definitions of a trade union, the classic definition of the Webbs has been most popular. According to them a trade union is “a continuous association of wage-earners for the purpose of maintaining or improving the condition of their working lives”. Since this definition does not cover all the extensions of trade union activities in modern times, a trade union with some modification may be redefined as “a continuous association of wage-earners or salaried employees for maintaining the conditions of their working lives and ensuring them a better and healthier status in industry as well as in the society”.

The term ‘Organized Labour’ is used to distinguish workers/ employees who are members of trade unions or employee association from those who are unorganized, i.e. who are not members of any union.

The term ‘Labour Movement’ is generally applied to all the various types of long-term association of workers / employees that the formed in industrialized or industrializing economies. According to Encyclopedia of Social Sciences, labour movement is conceived as “all of the organized activity of wage-earners to better their own condition s either immediately or in the more or less distant future”. According to G.D.H. code, “Labour movement implies, in some degree, a community of outlook. Thus the labour movement in a country emerges from a common need to serve a common interest. It seeks to develop amongst employees a spirit of combination, class-consciousness and solidarity of interest and generates a consciousness for self-respect and creates organizations for their self protection, safeguarding of their common interest and betterment of their economic and social conditions. A trade union is thus an essential basis of labour movement. The labour movement without trade unions cannot exist. Trade unions are the principal institutions in which the employees learn the lesson of self-reliance and solidarity.

Difference between Labour Movement and Trade Union Movement

There is lot of confusion on the use of the terms ‘labour movement’ and ‘trade union movement’. Often the two are used interchangeably. However, there is a slight distinction between the two. The ‘labour movement’ is ‘for the worker’; whereas the ‘trade union movement’ is ‘by the workers’. This distinction needs to be noticed all the more because till the workers organized themselves into trade unions, efforts were made mainly by the social reformers to improve the working and living conditions of labour. These efforts should be taken as forming a part of the labour movement and not that of the trade union movement. The labour movement thus conveys a higher degree of consciousness amongst workers than conveyed by mere trade union movement.

The Trade Union Movement in India

The trade union movement’s origin in a sense can be traced back to very early date to the time when villages had panchayats and guilds for settling disputes between the masters and their members. The panchayats prescribed the code of conduct which was rigidly observed by its members. Its non-observance resulted in expulsion from the community. Trade unions, as understood today, however originated in the first quarter of the present century, although the groundwork was laid during the last quarter of the 19th century. In Mumbai, as early as in 1975, a movement was started by reformers under the leadership of Sorabji Shapurju. They protested against the appealing conditions of the factory workers and appealed for introduction of adequate legislation to prevent them. The credit of laying the foundation of the organized labour movement in India is at time accorded to Mr. N.M. Lokhande, a factory worker himself. An agitation was organized by him a 19884 in Mumbai. This resulted in certain amenities being extended to the mill workers which led to the organization of the Mumbai Milhands Association.

Actually a real organized labour movement in India started at eh end of the First World War. Rising prices, without a corresponding increase in wages, despite the employers making huge profits, led to a new awakening. Many trade unions were formed throughout India. There were a number of strikes during 1919 to 1922. To this was added the influence of the Russian Revolution, the establishment of the ILO (International Labour Organisation) and the All-India Trade Union Congress. Thie4 speeded up the pace of the trade union movement. Following the Second World War, there was a spiraling of prices. The workers once again became restive. This further indirectly strengthened the movement in India.

The labour world in India is dominated mainly by four central organization of labour. These unions are, in fact, federations of affiliated union – units which function on regional, local and craft bases. These are:

1. All-India Trade Union Congress (AITUC): An important event in the history of trade union movement in India was the organization of the All-India Trade Union Congress in 1920. Mr. Nehru took a prominent part in the organization of this Congress. It followed the pattern of the trade union s in the United Kingdom. The effort toward unified action in the matter of labour was, however, short-lived and soon it came under the domination of the Communists and Radicals. This lienated any prominent people who did not subscribe to the views and ideology of the communists. At present, it is the second largest union of workers and is still controlled by Communists and fellow-travellers.

2. Indian National Trade Union Congress (INTUC): In May, the Indian National Trade Union Congress was organized by the Congress party on its labour front. This was formed with the help of the Hindustan Mazdoor Sewak Sangh which consisted of those who believed in Gandhian methods and had left the AITUC in 1937 under of leadership of Mr. M.N. Roy. The INTUC received the blessings of the top congress leaders at the Centre like Mr. Nehru and Sardar Patel. The prominent leaders of ATLA and HMSS were elected office-bearers of INTUC. One of the important points of the constitution of Indian National Trade Union Congress is that every affiliated union has to agree to submit to arbitration every individual dispute in which settlement is not reached thorough negotiations. There must be no strikes till other means of settlement are exhausted. In 1948, the Government of India declared that INTUC, and not AITUC, was the most representative organization of labour in the country entitled to represent Indian labour in I.L.O.

3. Hind Mazdoor Sangha (HMS) : The socialists in the Congress disapproved not only the Communist run AITUC but also the Congress-sponsored INTUC, particularly because it advocated compulsory arbitration as a method of resolving industrial disputes. For sometime the activities of socialist leaders were coordinated by the Hind Mazdoor Panchayat. Subsequently when they left the Congress, they met in Kolkatta in December, 1948 and a new federation by the Hind Mazdoor domination by employers, Government and political parties.

4. United Trade Union Congress (UTUC): The dissidents from the Socialist Leaders’ Congerence held at Kolkatta in December, 1948 proceeded to establish yet another federation of trade unions in April-May 1949 under the name of United Trade Union Congress. The UTUS is more radical than HMS but less revolutionary in its objectives and policies than AITUC.

Need for Trade Union

• One of the main reasons of workers joining a trade union been their belief to get wages increased and maintained at a reasonable standard through collective action and their realization that individual bargaining was utterly useless for this purpose.

• Since the employee, as an individual, feels specially weak, he prefers to join an organization that my afford him an opportunity to join others for the achievement of those objectives that he considers as socially desirable.

• The employees may join the unions to ensure a just and fair dealing by management.

• Through collective strength, they restrain the management from taking any such action which may be irrational, illogical, discriminatory or contrary to their general interests.

• Another reason of employees joining some union may be the broader realization on their part that unions fulfill the important need for adequate machinery for proper maintenance of labour-management relations.

• Employees may join the unions because of their belief that it is an effective way to secure adequate protection form various types of hazards and income insecurity such as accident injury, illness, unemployment etc.

• The employees may join the unions because of their feeling that this would enable them to communicate their views, ideas, feelings and frustrations to the management effectively.

• Individuals may join the unions in the hope of finding a job through their influence in the company management.

Functions of Trade Unions

• Functions relating to members

• Functions relating to organization

• Functions relating to the union; and

• Functions relating to the society.

Functions relating to trade union members

1. To safeguard workers against all sorts of exploitation by the employers, by union leaders and by political parties.

2. To protect workers from the atrocities and unfair practices of the management.

3. To ensure healthy, safe and conducive working conditions, and adequate conditions of work.

4. To exert pressure for enhancement of rewards associated with the work only after making a realistic assessment of its practical implications.

5. To ensure a desirable standard to living by providing various types of social service – health, housing, educational, recreational, cooperative, etc. and by widening and consolidating the social security measures.

6. To guarantee a fair and square deal and social security measures.

7. To remove the dissatisfaction and redress the grievances and complaints of workers.

8. To encourage worker’s participation in the management of industrial organization and trade union, and to foster labour-management cooperation.

9. To make the workers conscious of their rights and duties.

10. To impress upon works the need to exercise restraint in the use of rights and to enforce them after realistically ascertaining their practical implications.

11. To stress the significance of settling disputes through negotiation, joint consultation and voluntary arbitration.

12. The raise the status of trade union members in the industrial organization and in the society at large.

Functions relating to industrial organization

1. To highlight industrial organization as a joint enterprise between workers and management and to promote identity of interests.

2. To increase production quantitatively and qualitatively, by laying down the norms or production and ensuring their adequate observance.

3. To help in the maintenance of discipline.

4. To create opportunities for worker’s participation in management and to strengthen labour-management cooperation.

5. To help in the removal of dissatisfaction and redressal of grievances and complaints.

6. To promote cordial and amicable relations between the workers and management by settling disputes through negotiation, joint consultation and voluntary arbitration, and by avoiding litigation.

7. To create favourable opinion of the management towards trade unions and improve their status in industrial organization.

8. To exert pressure on the employer to enforce legislative provision beneficial to the workers, to share the profits equitably, and to keep away from various types of unfair labour practices.

9. To facilitate communication with the management.

10. To impress upon the management the need to adopt reformative and not punitive, approach towards workers’ faults.

Functions relating to trade unions organization

1. To formulate policies and plans consistent with those of the industrial organization and society at large.

2. To improve financial position by fixing higher subscription, by realizing the union dues and by organizing special fund-raising campaigns.

3. To preserve and strengthen trade union democracy.

4. To train members to assume leadership position.

5. To improve the network of communication between trade union and its members.

6. To curb inter-union rivalry and thereby help in the creating of unified trade union movement.

7. To resolve the problem of factionalism and promote unity and solidarity within the union.

8. To eradicate casteism, regionalism and linguism within the trade union movement.

9. To keep away from unfair labour practices.

10. To save the union organization from the exploitation by vested interests –personal and political.

11. To continuously review the relevance of union objectives in the context of social change, and to change them accordingly.

12. To prepare and maintain the necessary records.

13. To manage the trade union organization on scientific lines.

14. To publicise the trade union objectives and functions, to know people’s reaction towards them, and to make necessary modifications.

Functions relating to society

1. To render all sorts of constructive cooperation in the formulation and implementation of plans and policies relating to national development.

2. To actively participate in the development of programmes of national development, e.g., family planning, afforestation, national integration, etc.

3. To launch special campaigns against the social evils of corporation, nepotism, communalism, casteism, regionalism, linguism, price rise, hoarding, black marketing, smuggling, sex, inequality, dowry, untouchability, illiteracy, dirt and disease.

4. To create public opinion favourable to government’s policies and plans, and to mobilize people’s participation for their effective implementation.

5. To create public opinion favourable to trade unions and thereby to raise their status.

6. To exert pressure, after realistically ascertaining its practical implications, on the government to enact legislation conducive to the development of trade unions and their members.

Industrial Relations – Introduction

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Industrial relations constitute one of the most delicate and complex problems of the modern industrial society. This phenomenon of a new complex industrial set-up is directly attributable to the emergence of ‘Industrial Revolution”. The pre-industrial revolution period was characterized by a simple process of manufacture, small scale investment, local markets and small number of persons employed. All this led to close proximity between the manager and the managed. Due to personal and direct relationship between the employer and the employee it was easier to secure cooperation of the latter. Any grievance or misunderstanding on the part of either party could be promptly removed. Also, there was no interference by the State in the economic activities of the people. Under such a set-up industrial relations were simple, direct and personal. This situation underwent a marked change with the advent of industrial revolution – size of the business increased needing investment of enormous financial and human resources, there emerged a new class of professional managers causing divorce between ownership and management, and relations between the employer and the employer became entranged and gradually antagonistic. This new set-up rendered the old philosophy of industrial relation irrelevant and gave rise to complex, indirect, and impersonal industrial relations.

Industry today is neither viewed as a venture of employers alone nor profit if considered as its sole objective. It is considered to be a venture based on purposeful cooperation between management and labour in the process of production and maximum social good is regarded as its ultimate end and both management and employees contribute in their own way towards its success. Similarly, labour today is no more an unorganized mass of ignorant works ready to obey without resentment or protest the arbitrary and discretionary dictates of management. The management has to deal with employees today nto as individuals but also as members of organized social groups who are very much conscious about their rights and have substantial bargaining strength. Hence, the objective of evolving and maintaining sound industrial relations is not only to find our ways and means to solve conflicts to resolve differences but also to secure the cooperation among the employees in the conduct of industry.

But maintaining smooth industrial relation is not an easy task. Almost all the industrialized countries of he world fact the problem of establishing and maintaining good management worker relationships in their industries. Each country has sought to find our solution, depending upon its economic, social and political environment. However, industrial conflict still arises and therefore establishment and maintenance of satisfactory industrial relations forms an important plank in the personnel policies of modern organization.

Meaning

In the broad sense, industrial relations cover all such relationships that a business enterprise maintains with various sections of the society such as workers, state, customers and public who come into its contact.

In the narrow sense, it refers to all types of relationships between employer and employees, trade union and management, works and union and between workers and workers. It also includes all sorts of relationships at both formal and informal levels in the organization.

The term ‘industrial relations’ has been variously defined. J.T. Dunlop defines industrial relations as “the complex interrelations among managers, workers and agencies of the governments”. According to Dale Yoder “industrial relations is the process of management dealing with one or more unions with a view to negotiate and subsequently administer collective bargaining agreement or labour contract”.

In indusial relations, therefore, one seeks to study how people get on together at their work, what difficulties arise between them, how their relations including wages and working conditions etc., are regulated. Industrial relations, thus, include both ‘industrial relations’ and ‘collective relations’ as well as the role of the state in regulating these relations. Such a relationship is therefore complex and multidimensional resting on economic, social, psychological, ethical, occupational, political and legal levels. There are mainly two set of factors that determine the state of industrial relations – whether good or poor in any country. The first set of factors, described as ‘institutional factors’ include type of labour legislation, policy of state relating to labour and industry, extent and stage of development of trade unions and employers’ organizations and the type of social institutions. The other set of factors, described as ‘economic factors’ include the nature of economic organization capitalist, socialist technology, the sources of demand and supply in the labour market, the nature and composition of labour force etc.

Distinction between human relations and industrial relations

The term ‘human relations’ lays stress upon the processes of inter-personal relationships among individuals as well as the behavior of individuals as members of groups. The term ‘industrial relations’ is used widely in industrial organizations and refers to the relations between the employers and workers in an organization, at any specified time.

Significance of Industrial Relations

Maintenance of harmonious industrials relations is on vital importance for the survival and growth of the industrials enterprise. Good industrial relations result in increased efficiency and hence prosperity, reduced turnover and other tangible benefits to the organization. The significance of industrial relations can be summarized as below:

1. It establishes industrial democracy: Industrial relations means settling employees problems through collective bargaining, mutual cooperation and mutual agreement amongst the parties i.e., management and employees’ unions. This helps in establishing industrial democracy in the organization which motivates them to contribute their best to the growth and prosperity of the organization.

2. It contributes to economic growth and development: Good industrial relations lead to increased efficiency and hence higher productivity and income. This will result in economic development of the economy.

3. It improves morale of he work force: Good industrial relations, built-in mutual cooperation and common agreed approach motivate one to contribute one’s best, result in higher productivity and hence income, give more job satisfaction and help improve the morale of the workers.

4. It ensures optimum use of scare resources: Good and harmonious industrial relations create a sense of belongingness and group-cohesiveness among workers, and also a congenial environment resulting in less industrial unrest, grievances and disputes. This will ensure optimum use of resources, both human and materials, eliminating all types of wastage.

5. It discourages unfair practices on the part of both management and unions: Industrial relations involve setting up a machinery to solve problems confronted by management and employees through mutual agreement to which both these parties are bound. This results in banning of the unfair practices being used by employers or trade unions.

6. It prompts enactment of sound labour legislation: Industrial relations necessitate passing of certain labour laws to protect and promote the welfare of labour and safeguard interests of all the parties against unfair means or practices.

7. It facilitates change: Good industrial relations help in improvement of cooperation, team work, performance and productivity and hence in taking full advantages of modern inventions, innovations and other scientific and technological advances. It helps the work force to adjust themselves to change easily and quickly

Causes of Poor Industrial Relations

Perhaps the main cause or source of poor industrial relations resulting in inefficiency and labour unrest is mental laziness on the part of both management and labour. Management is not sufficiently concerned to ascertain the causes of inefficiency and unrest following the laissez-faire policy, until it is faced with strikes and more serious unrest. Even with regard to methods of work, management does not bother to devise the best method but leaves it mainly to the subordinates to work it out for themselves. Contempt on the part of the employers towards the workers is another major cause. However, the following are briefly the causes of poor industrial relations:

1. Mental inertia on the part of management and labour;

2. An intolerant attitude of contempt of contempt towards the workers on the part of management.

3. Inadequate fixation of wage or wage structure;

4. Unhealthy working conditions;

5. Indiscipline;

6. Lack of human relations skill on the part of supervisors and other managers;

7. Desire on the part of the workers for higher bonus or DA and the corresponding desire of the employers to give as little as possible;

8. Inappropriate introduction of automation without providing the right climate;

9. Unduly heavy workloads;

10. Inadequate welfare facilities;

11. Dispute on sharing the gains of productivity;

12. Unfair labour practices, like victimization and undue dismissal;

13. Retrenchment, dismissals and lock-outs on the part of management and strikes on the part of the workers;

14. Inter-union rivalries; and

15. General economic and political environment, such as rising prices, strikes by others, and general indiscipline having their effect on the employees’ attitudes.

Objectives of Industrial Relations

1. To bring better understanding and cooperation between employers and workers.

2. To establish a proper channel of communication between workers and management.

3. To ensure constructive contribution of trade unions.

4. To avoid industrial conflicts and to maintain harmonious relations.

5. To safeguard the interest of workers and the management.

6. To work in the direction of establishing and maintaining industrial democracy.

7. To ensure workers’ participation in decision-making.

8. To increase the morale and discipline of workers.

9. To ensure better working conditions, living conditions and reasonable wages.

10. To develop employees to adapt themselves for technological, social and economic changes.

11. To make positive contributions for the economic development of the country.

Scope

The scope of industrial relations includes all aspects of relationships such as bringing cordial and healthy labour management relations, creating industrial peace and developing industrial democracy.

The cordial and healthy labour management relations could be brought in-

• by safeguarding the interest of the workers;

• by fixing reasonable wages;

• by providing good working conditions;

• by providing other social security measures;

• by maintaining healthy trade unions;

• by collective bargaining.

The industrial peace could be attained –

• by setting industrial disputes through mutual understanding and agreement;

• by evolving various legal measure and setting up various machineries such as Works Committee, Boards of Conciliation, Labour Courts etc.

The industrial democracy could be achieved –

• by allowing workers to take part in management; and

• by recognition of human rights.

Approaches to Industrial Relations

Industrial conflicts are the results of several socio-economic, psychological and political factors. Various lines of thoughts have been expressed and approaches used to explain his complex phenomenon. One observer has stated, “An economist tries to interpret industrial conflict in terms of impersonal markets forces and laws of supply demand. To a politician, industrial conflict is a war of different ideologies – perhaps a class-war. To a psychologist, industrial conflict means the conflicting interests, aspirations, goals, motives and perceptions of different groups of individuals, operating within and reacting to a given socio-economic and political environment”.

Psychological approach

According to psychologists, problems of industrial relations have their origin in the perceptions of the management, unions and rank and file workers. These perceptions may be the perceptions of persons, of situations or of issues involved in the conflict. The perceptions of situations and issues differ because the same position may appear entirely different to different parties. The perceptions of unions and of the management of the same issues may be widely different and, hence, clashes and may arise between the two parties. Other factors also influence perception and may bring about clashes.

The reasons of strained industrial relations between the employers and the employees can be understood by studying differences in the perception of issues, situations and persons between the management groups and labour groups.

The organizational behavior of inter-groups of management and workers is of crucial importance in the pattern of industrial relations. The group-dynamics between the two conflicting groups in industrial relations tend to shape the behavioural pattern.

Sociological approach

Industry is a social world in miniature. The management goals, workers’ attitudes, perception of change in industry, are all, in turn, decided by broad social factors like the culture of the institutions, customs, structural changes, status-symbols, rationality, acceptance or resistance to change, tolerance etc. Industry is, thus inseparable from the society in which it functions. Through the main function of an industry is economic, its social consequences are also important such as urbanization, social mobility, housing and transport problem in industrial areas, disintegration of family structure, stress and strain, etc.

Human relations approach

Human resources are made up of living human beings. They want freedom of speech, of thought of expression, of movement, etc. When employers treat them as inanimate objects, encroach on their expectations, throat-cuts, conflicts and tensions arise. In fact major problems in industrial relations arise out of a tension which is created because of the employer’s pressures and workers’ reactions, protests and resistance to these pressures through protective mechanisms in the form of workers’ organization, associations and trade unions.

Through tension is more direct in work place; gradually it extends to the whole industry and sometimes affects the entire economy of the country. Therefore, the management must realize that efforts are made to set right the situation. Services of specialists in Behavioural Sciences (namely, psychologists, industrial engineers, human relations expert and personnel managers) are used to deal with such related problems. Assistance is also taken from economists, anthropologists, psychiatrists, pedagogists, tec.

Principle of Good Industrial Relations

• The willingness and ability of management and trade unions to deal with the problems freely, independently and with responsibility.

• Recognition of collective bargaining.

• Desirability of associations of workers and managements with the Government while formulating and implementing policies relating to general economic and social measures affecting industrial relations.

• Fair redressal of employee grievances by the management

• Providing satisfactory working conditions and payment of fair wage.

• Introducing a suitable system of employees education and training.

• Developing proper communication system between management and employees.

• To ensure better working conditions, living conditions and reasonable wages.

• To develop employees to adapt themselves for technological, social and economic changes.

• To make positive contributions for the economic development of the country.

Role of state in industrial relations

In recent years the State has played an important role in regulating industrial relations but the extent of its involvement in the process is determined by the level of social and economic development while the mode of intervention gets patterned in conformity with the political system obtaining in the country and the social and cultural traditions of its people. The degree of State intervention is also determined by the stage of economic develop. For example, in a developing economy like ours, work-stoppages to settle claims have more serious consequences than in a developed economy and similarly, a free market economy may leave the parties free to settle their relations through strikes and lockouts but in other systems varying degrees of State participation is required for building up sound industrial relations.

In India, the role played by the State is an important feature in the field of industrial relations and State intervention in this area has assumed a more direct form. The State has enacted procedural as well as substantive laws to regulate industrial relations in the country.

Management and trade unions both have to be aware of the changing value system, the needs of a ‘new breed’ of employee, the ever-increasing generational gap in attitudes towards money, emphasis on quality of life, public’s lower frustration tolerance, changing attitudes towards work and leisure, education’s impact on peoples’ self-image, rejection of authoritarianism and dogmatism, greater stress on pluralism and individualism, and search of identity, self-esteem and self-realization. The ideology based on rationality; moral absolutes leading to situational ethics; and, economic efficiency resulting in social justice; are the new bases and postulates for shaping the future industrial relations system in the Indian context.

Planning Industrial Relations: Tasks Ahead

In future organization systems, employees would consider themselves to be partners in management and expect their talents to be utilized to the fullest. With increased self-esteem and self-image, young graduates will resist authority and would challenge prevailing management prerogatives. Tomorrow’s management control centers, advanced OR models will aid future managers in the use of resources, they would need to balance humanistic values with the flow of advancing science and technology. According to Victor Fuchs, “In future, the large corporation is likely to be over-shadowed by the hospital, university, research institutes, government offices and professional organizations that are the hallmarks of a service economy’.

Whatever, labour laws may lay down, it is the approach of the management and union which matters and unless both are enlightened, industrial harmony is not possible. In fact both managements and workers need a change in their philosophy and attitudes towards each other. In all fairness, both management and workers should not look upon themselves as two separate and distinct segments of an organization, but on the contrary, realize that both are partners in an enterprise working for the success of the organization for their mutual benefit and interest. It is becoming increasingly obvious that industrial peace amongst all participants in the industrial relations systems requires truth as foundation, justice as its rule, love as its driving force, and liberty as its atmosphere.

LABOUR AND LABOUR WELFARE

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LABOUR AND LABOUR WELFARE

Labour sector addresses multi-dimensional socio-economic aspects affecting

labour welfare, productivity, living standards of labour force and social security. To raise

living standards of the work force and achieve higher productivity, skill upgradation through

suitable training is of utmost importance. Manpower development to provide adequate

labour force of appropriate skills and quality to different sectors is essential for rapid socioeconomic

development. Employment generation in all the productive sectors is one of the

basic objectives. In this context, efforts are being made for providing the environment for

self-employment both in urban and rural areas. During the Ninth Plan period, elimination of

undesirable practices such as child labour, bonded labour, and aspects such as ensuring

workers’ safety and social security, looking after labour welfare and providing of the

necessary support measures for sorting out problems relating to employment of both men and

women workers in different sectors has received priority attention.

CENTRAL SECTOR

2. Various plan schemes of the Ministry of Labour aim at achievement of welfare

and social security of the working class and maintenance of industrial peace. As against the

approved outlay of Rs.130 crore for the year 1999-2000, the anticipated expenditure would

be Rs.104 crore. The approved outlay for the year 2000-2001 is Rs.123 crore. (Refer

Annexure 5.7.1 for Central Sector and Annexure 5.7.2 for State sector).

3. Plan initiatives in the Labour & Labour Welfare Sector are as under:

(i) Training for skill development.

(ii) Services to job seekers.

(iii)Welfare of labour.

(iv) Administration of labour regulations.

4. Under the Constitution of India, Vocational Training is a concurrent subject. The

development of training schemes at National level, evolution of policy, laying of training

standards, procedures, conducting of examinations, certification, etc. are the responsibility of

the Central Government, where as the implementation of the training schemes largely rests

with the State/U.T. governments. The Central Government is advised by the National

Council of Vocational Training (NCVT), a tripartite body which has representation from

employers, workers and Central/State governments. At the State level, similar councils

known as State Councils for Vocational Training are constituted for the same purpose by the

respective state governments at state levels.

5. The main objectives of the scheme are as under:

(i) To ensure steady flow of skilled workers.

(ii) To raise the quality and quantity of industrial production by systematic

training of potential workers.

(iii)To reduce unemployment among educated youth by equipping them with

suitable skills for industrial employment.

6. The main Vocational Training Schemes comprise of Craftsmen Training Scheme,

Apprenticeship Training Scheme, Training of skilled workers, training of women as a special

target group, Training of Craft Instructors, Training of Supervisors and also to carry out

applied research on vocational training problems while paying adequate attention towards

preparation and development of instructional material.

7. The Craftsmen Training Scheme and Apprenticeship Training Scheme which are

adequately dovetailed and meant to bring maximum benefit to the youth in their formative

years, form the centre stage of the vocational training schemes. A number of other

departments have also started training activities for their respective sectors e.g. Small

Industry, KVIC, handlooms, tourism (hotel management & catering), electronics, medical

technicians, agriculture and rural development. These training schemes are smaller but serve

a very useful and essential purpose in the overall sphere of vocational training. In spite of

difficulties and shortcomings, the Vocational Training Schemes have continued to make

progress especially in terms of being the primary source of manpower for the industry.

8. The Central Government mainly concentrates on laying down the policies,

procedures and training standards while the management of ITIs are under the concerned

State Government(s)/U.Ts. In this process, the Central Government is advised by two

tripartite advisory bodies namely, the National Council for Vocational Training (NCVT) and

the Central Apprenticeship Council (CAC). Both the Councils have the Union Labour

Minister as the Chairman. Annual meeting of the two bodies was held in the month of July,

1999. In the meeting the steps to improve the quality of training both under NCVT and CAC

were discussed and concrete recommendations emerged. The following are the important

recommendations:

· Setting up an Expert group to look into the issues relating to Vocational

Training Programme for persons with disability (equal opportunities under the

persons with Disability Act, 1995) and its implementation under CTS.

· Introduction of four new trades viz. Computer Hardware, Medical Electronics,

Consumer Electronics and Industrial Electronics under CTS.

· Revision of space norms for workshops.

· Introduction of modular training for advanced skill courses for women at

NVTI/RVTIs under DGE&T.

CRAFTSMEN TRAINING SCHEME

9. The Craftsmen Training Scheme (CTS) under the National Vocational Training

System was introduced in 1950 for imparting skill training. Training is imparted mainly in

engineering trades. A few trades outside the engineering field are also covered but the bulk

of the services sector and need of industries other than manufacturing are not handled by

DGE&T. In the area of training, six new trades (in the areas of Information Technology,

Electronics) in Craftsmen Training Scheme in different ITIs and nine new trades under

Apprenticeship Training Scheme have been introduced.

10. There has been a significant growth and expansion in the network of ITIs which

have grown to 4172 in the Public and Private sectors with a seating capacity of 6.78 lakh as

on 31.12.99 (State-wise details presented in Annexure 5.7.3) and another 2.33 lakh under the

Trade Apprentice Scheme. The Apprenticeship Training Scheme provides practical training

in 137 designated trades to train apprentices in 101 subject fields in engineering and

technology for graduates and diploma holders and 94 subject fields for technicians. Details

of Region wise utilisation in respect of Trade Apprentices in the Central Sector and State

Sectors as on 30.6.99 are given in Annexures 5.7.4 & 5.7.5.

11. Directorate General of Employment and Training, through its women’s

occupational Training Directorate, launched the women’s Vocational Training Programme in

1977. The programme aimed at providing Vocational Training facilities to women, thereby

increasing their employability and consequently their participation in the economy of the

country. Under the Vocational Training Programme at Central Sector, training facilities for

women in Vocational Skills are being provided through a network of Women's Vocational

Training Institutes.

12. The Government has initiated steps for strengthening and modernisation of

Industrial Training Institutes (ITIs) in Jammu & Kashmir. All trades that have demand and

local relevance will be covered by including even such activities that are presently outside

NCVT approved trades such as construction, carpet weaving, horticulture, catering, tourism,

etc.

13. The existing training institutions have, no doubt, been meeting a significant part of

the requirements of the skilled manpower of the organised industry. It, however, seems

necessary that the process of restructuring and reorientation of their courses is expedited with

a view to quickly responding to the labour market. For skill upgradation of the workers in

the unorganised sector, flexibility in the duration, training and location of training courses

would need to be introduced. To the extent a sizeable proportion of employment would have

to be self employment in tiny and small units in various sectors, the training system should

also gear up not only for providing hard skills for suitable trades, but also the soft skills of

entrepreneurship, management and marketing, as part of training courses.

14. In order to improve accessibility to employment to trainees from ITIs, there is

need to take up a new market driven trades and dispense with the traditional trades such as

blacksmith, carpentry, conventional tailoring etc. Since the ITIs are being run by the States,

the State Governments have been advised to network with the industry and bring changes in

their syllabus/trades of ITIs. In this direction, some of the States have already taken steps, for

example, the State Government of Haryana is opening up an ITI in Gurgaon in collaboration

with Confederation of Indian Industry. The trades/syllabus are being decided in consultation

with the CII keeping in view the future demands of the industry. The financial burden will

also be shared by the industry. The Government of Gujarat has also started networking with

the industry in the change over of obsolete trades to make them market driven.

NATIONAL EMPLOYMENT SERVICE

15. National Employment Service covers all the States and Union Territories except

Sikkim, and functions within the framework of the Employment Exchanges (compulsory

notification of vacancies) Act 1959. Day to Day administration of the Employment

Exchanges is with the State/U.T. governments. It has a network of 953 Employment

Exchanges as on 30.6.99. Year-wise registration, placement, vacancies notified, submission

made and live register for the period 1989 to 1998 may be seen in Annexure 5.7.6. The main

activities of the Employment Exchanges are registration, placement of job seekers, career

counselling, vocational guidance and collection of labour market information. Special self

employment promotion cells (SEPCs) have been established in 23 selected Employment

Exchanges up to the end of December, 1998, 0.7 lakh persons have been placed in self

employment and 1.8 lakh persons were on the live register of these cells seeking self

employment assistance.

16. National Employment Service in the context of newly emerging market scenario

has to be reoriented. The Employment Services has now accepted its enhanced role and is

paying greater attention to compilation and dissemination of comprehensive labour market

information. The important reports generated by the Employment Market Information

Programme are “The Quarterly Employment Review”, “Occupational and Educational

Pattern in India”, etc. There are also plan schemes for modernisation and computerisation of

employment exchanges for strengthening of Employment Market information programme.

17. The Employment service continued to pay special attention to the needs of the

weaker section of society. A comprehensive package of services is provided to the

handicapped by 17 vocational rehabilitation centres for the handicapped. Out of these, the

Vocational Rehabilitation Centre at Vadodara has been set up exclusively for disabled

women. These centres evaluate the residual capacities of the handicapped and provide them

adjustment training, facilitating their early economic rehabilitation. Efforts are also made to

assist them in obtaining other suitable rehabilitation services such as job placement and

training for self-employment. Setting up of seven new Vocational Rehabilitation Centres

(VRCS), 12 skill Training workshops in the Vocational Rehabilitation Centres and 26 Rural

Rehabilitation Extension Centres is under consideration of the Ministry of Labour.

Vocational guidance and training in confidence building is provided to job seekers belonging

to the scheduled castes and the scheduled tribes at 22 coaching-cum-guidance centres. In

addition, the scheme to provide facilities to SCs/STs job seekers for practicing shorthand and

typing is in operation in Coaching-cum-guidance (CGCs).

WELFARE OF LABOUR

18. The improvement of labour welfare and increasing productivity with reasonable

level of social security is one of the prime objectives concerning social and economic policy

of the Government. The resources have been directed through the Plan programmes towards

skill formation and development, monitoring of working conditions, creation of industrial

harmony through infrastructure for health, industrial relations and insurance against disease,

accident and unemployment for the workers and then families. The situation of surplus

labour and workers in the unorganised segment of the economy give rise to unhealthy social

practices such as bonded labour, child labour and adverse working conditions.

19. In the year 1999, Workmen Compensation Act has been revised to benefit the

workers and their families in the case of death/disability. The labour laws enforcement

machinery in the States and at the Centre are working to amend the laws which require

changes, revise rules, regulations orders and notifications.

SECOND NATIONAL COMMISSION ON LABOUR

20. The Government has set up the Second National Commission on Labour on 15th

October, 1999. The Commission will suggest rationalisation of the existing laws relating to

labour in the organised sector and also an umbrella legislation for ensuring a minimum level

of protection to the workers in the unorganised sector. The Commission would submit its

report within two years i.e. by 15.10.2001.

CHILD LABOUR

21. According to the 1991 Census, the number of working children in the country was

of the order of 11.28 million (State-wise details are available in Annexure 5.7.7). The

existence of child labour in hazardous industries is a great problem in India. Non-availability

of accurate, authentic and up-to-date data on child labour has been major handicap in planned

intervention for eradication of this social evil. Efforts are underway in the Ninth Plan to

modify and improve the existing National Child Labour Project. A major activity undertaken

under this scheme is the establishment of special schools to provide non-formal education,

vocational training, supplementary nutrition, stipends, health care, etc. to children withdrawn

from employment in hazardous industries.

22. During 1999-2000 (till end of January, 2000), 91 National Child Labour Projects

have been sanctioned, in child labour endemic states for rehabilitation of nearly 1.9 lakh

children who were removed from work. State wise coverage under NCLP is as given in

Annexure 5.7.8.

23. A review of the implementation of various programmes for elimination of child

labour reveals that even though a good beginning has been made from 1994-95 onwards, in

order to make a significant dent on this age old social evil a multi-pronged strategy coupled

with a massive mobilisation of resources, both physical and financial, is required.

24. Before considering any expansion of the programme, it was considered

appropriate to get the existing projects evaluated through independent evaluation agencies.

Accordingly, five evaluation agencies were identified for evaluating child labour projects in

the States of Uttar Pradesh, Tamil Nadu, Andhra Pradesh, Orissa and Rajasthan. The reports

received showed, inter alia, that the magnitude of the child labour problem can be

considerably reduced through rehabilitation measures by the projects and that there is need to

continue the component of special schools or camp approach. The need for awareness

generation among the public has also been highlighted.

REHABILITATION OF BONDED LABOUR

25. The Centrally sponsored Plan scheme for rehabilitation of bonded labour was

formulated by the Ministry of Labour in 1978. Under the bonded labour system, the

responsibility for identification, release and rehabilitation of free bonded labourers rest

entirely with the State Governments. However, with a view to supplementing the efforts of

the State Governments, a CSS was launched by the Ministry of Labour in 1978-79. The

expenditure is shared equally by the Central and State Governments on 50:50 basis. Under

the scheme, a bonded labour on release is immediately paid Rs.1000 as subsistence allowance

and he/she is rehabilitated as per situation with a rehabilitation package of Rs.10,000 keeping

in view the price escalation and increase in the cost of the rehabilitation package, cost of

buffaloes, cows and other inputs during the last four years, the scheme has been modified

recently by raising the rehabilitation package from the existing amount of Rs.10,000 to

Rs.20,000 per bonded labour and with provision for conducting surveys for identification of bonded labour, creation of awareness, conducting evaluation studies etc. Planning

Commission has also agreed to provide 100 per cent subsidy to the North Eastern States

keeping in view the financial constraints faced by these States. The modified scheme would

be implemented in the remaining period of the Ninth Plan and a review will be done before

the start of Tenth Plan.

26. Since the inception of the scheme 2,80,411 bonded labour have been identified

and released, out of which 2,51,569 have been rehabilitated by 31.3.2000 and Rs.50.32 crore

have been released to the State Government as Central Assistance up to 31.3.2000. Statewise

break-up of achievement is in Annexure 5.7.9.

27. In order to review the progress and proper monitoring of the Centrally Sponsored

Scheme and other poverty alleviation programmes which are in operation for the purpose of effective rehabilitation of bonded labourer, it is proposed that monitoring of the schemes may be done at there levels i.e. National State & District Levels. In this regard, at least two workshops/monitoring meetings may be organised by the Ministry of Labour at the Central Level. High Powered committees at district and State levels may be constituted on permanent basis for monitoring the schemes. The monitoring will help in removing the shortcomings noticed in the process of their implementation and bringing improvements and equipping officers with crucial skills needed for identification, release and rehabilitation of bonded labour with extra care and dedication. This is important so that once a bonded labourer is released and rehabilitated, he/she does not go back to bondage once again.

WOMEN LABOUR

28. The Ministry of Labour has set up a Women Labour Cell in 1975. The intention

was to focus attention on the lot of working women with a view to improving it. The

Government has enacted the Equal Remuneration Act, 1976. The Women Cell has been

created in the Ministry to monitor implementation of this Act. A Central Advisory

Committee has been set up to advise the Government on providing increasing employment

opportunities for women. Similarly, State Advisory Committee has been constituted to

monitor the Act at the State level. The Cell also gives grants-in-aid to voluntary

organisations to carry out research studies on problems of women workers, their

employability and the extent of their displacement on account of technological and various

other changes. This scheme was introduced with the intention of furthering Government’s

policy of helping women to become aware of their rights and opportunities and also to

become economically independent.

OCCUPATIONAL SAFETY AND HEALTH

29. The Constitution of India contains specific provisions for the occupational safety

and health of workers. The Directorate General of Mines Safety (DGMS) and Directorate

General of Factory Advice Service and Labour Institutes (DGFASLI) strive to achieve

occupational safety and health in mines, factories and ports. The schemes relating to

occupational safety concentrate on improvement of work environment, man-machinery

interface, control and prevention of chemical hazards, development of protective gear and

equipment, training in safety measures and development of safety and health information

system.

DIRECTORATE GENERAL OF FACTORY ADVICE, SERVICE AND LABOUR

INSTITUTE (DGFASLI)

30. This organisation functions as the technical arm of the Ministry in matters

concerning with safety, health and welfare of workers in factories and ports/docks. Eighty

eight seminars/workshops and longer duration training programmes including the one year

diploma courses in industrial safety and three months PG certificate course in occupational

health have been conducted for over 2055 participants from 772 organisations during January

to September, 1999. Labour Institutes in Mumbai, Kanpur, Calcutta and Chennai conducted

339 appreciation programmes for 7878 beneficiaries on safety, health and welfare. Mobile

safety exhibitions were set up at 43 factories benefiting 36350 factory workers. DGFASLI

completed 45 consultancy studies in the areas of hazardous assessment, environment

assessment, safety audit, assessment of occupational health status at the request of various

organisations.

LABOUR STATISTICS

32. The Labour Bureau is responsible for collection, compilation and publication of

statistical and other information regarding employment, wages, earnings, industrial relations,

working conditions, etc. It also compiles and publishes the consumer price index numbers

for industrial and agricultural workers. The Bureau further renders necessary assistance to

the States for conducting training programmes in Labour statistics of State/District/Unit

levels. Data compiled for periodic returns do not meet all the information requirements for

planning and policy formulation in the field of labour. With a view to bridge the gap in the

availability of labour statistics, the Bureau conducts several periodic/ad hoc surveys on

different aspects of labour such as:

· New working class Family Income and Expenditure Survey.

· Rural labour Enquiries.

· House Rent Surveys.

· Occupational Wage Surveys.

33. In the Ninth Plan, many initiatives have been taken by the Government for labour

welfare. The Labour Bureau, Shimla has conducted evaluation studies of the Minimum

Wages Act, 1948 to determine the degree of implementation in the various scheduled

employment categories in different parts of the country. The Bureau has also been studying

the working and living conditions of women workers and the extent of the welfare facilities

available to them vis-à-vis the various labour laws in mining, plantation and factory sectors

as well as in selected unorganised industries.

LABOUR AND LABOUR WELFARE

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