CENTRE OF DISTANCE EDUCATION SITE PERSONNEL ADMINISTRATION LESSON BOOK NATIONAL INSTITUTE OF CONSTRUCTION MANAGEMENT AND RESEARCH This Lesson Book contains course material compiled for learning and self-study by students. No part of this Volume may be reproduced or distributed without prior permission of the Chief, CODE, NICMAR Pune Campus.
CENTRE OF DISTANCE EDUCATION SITE PERSONNEL ADMINISTRATION LESSON BOOK NATIONAL INSTITUTE OF CONSTRUCTION MANAGEMENT AND RESEARCH This Lesson Book contains course material compiled for learning and self-study by students. No part of this Volume may be reproduced or distributed without prior permission of the Chief, CODE, NICMAR Pune Campus.
CENTRE OF DISTANCE EDUCATION SITE PERSONNEL ADMINISTRATION LESSON BOOK NATIONAL INSTITUTE OF CONSTRUCTION MANAGEMENT AND RESEARCH This Lesson Book contains course material compiled for learning and self-study by students. No part of this Volume may be reproduced or distributed without prior permission of the Chief, CODE, NICMAR Pune Campus.
NICMAR
CENTRE OF DISTANCE EDUCATION
CPM - 23
SITE PERSONNEL ADMINISTRATION
LESSON BOOK
NATIONAL INSTITUTE OF CONSTRUCTION
MANAGEMENT AND RESEARCHThis Lesson Book contains course material compiled for learning and self-study
by students; and for purely teaching and training purposes.
Private circulation. Not for sale.
No part of this Volume may be reproduced or distributed in any form or by any
means or stored in a data base or retrieval system without prior permission of
the Chief, CODE, NICMAR Pune Campus.
This Lesson Book has been compiled by Mr. K.K. Bahl, Vice President (HRD),
Nuchem Ltd. and for some time Deputy Director, NICMAR Delhi.
June 2000
Published by J.C. Rodrigues, Manager, NICMAR Publication Bureau, National Institute of
Construction Management and Research, Walchand Centre, Tardeo, Mumbai 400 034,
India, Tel. 022 - 492 7847, Fax, 022 - 495 2453. Email : nicmarmb@giasbn01 .vsnl.net.inSr. No.
CONTENTS
Title Page
PERSONNEL ADMINISTRATION 1
FUNCTIONS OF SITE PERSONNEL OFFICE 4
MANPOWER PLANNING AND PROCUREMENT 10
SKILL DEVELOPMENT, TRAINING, 16
UPGRADATION AND REDUNDANCY
WORKING HOURS AND WORKING CONDITIONS Ps
WAGES, ALLOWANCES AND OTHER PAYMENTS =. 27
OTHER COMPENSATIONS 31
LEGAL MANAGEMENT OF DISCIPLINE 38
DEALING WITH TRADE UNIONS 44
UNDERSTANDING HUMAN BEHAVIOUR, 48
MOTIVATION AND CHANGE
BIBLIOGRAPHY 56
SUGGESTED READINGS 56LESSON 1
PERSONNEL ADMINISTRATION
SUMMARY
This introductory chapter highlights the construction industry and its people. Construction
industry is the second largest industry in the country. It accounts for 16 percent
of the working population of India. There are about 16 million people on job today
and the projections are that in the year 2004 there shall be 32 million people
working for it. Surprisingly the industry is still known as an informal one. There
are about one lakh ‘A’ class contractors registered with the government and other
client bodies. The major chunk of construction work force is the contract labour.
Fluctuations in demand for labour leads to instability and encourages the unfair
labour practices.
INTRODUCTION
It should be of interest to have a look at the construction industry and its
people, at the outset. The construction industry has registered enormous
growth worldwide during the last few decades. The growth has been
diverse in nature. The industrialised countries invest more on civil works
projects associated with energy, space research, armaments industry,
new building materials and machinery and on retro-fitting, upgrading and
maintenance of existing structure. The developing countries are engaged
in the construction of civic, social and developmental infrastructure projects,
housing and other structures required for economic growth and improving
the quality of life.
The construction industry is the second largest economic activity in India
and plays an important role in the nation's economy. It is a vanguard activity
of several other key sectors of economy whose performance is dependent
on the satisfactory performance of the construction industry.
Construction accounted for about 40 percent of the development investment
of India during the last 50 years. Around 16 percent of the nation's working
population depends on construction for their livelihood.
The construction industry is an essential contributor to the process of
development. Roads, dams, irrigation works, schools, houses, hospitals,
factories, and other construction works are the physical foundations on
which development efforts and improved living standards are established.
Construction is an employment spinner activity. According to an estimate
of the National Building Organisation, every one million rupees spent onNICMAR
construction gen-erates 3000 mandays of skilled and semi-skilled, and 1300
mandays of manage-rial/technical employment. NICMAR has recently published
a study giving estimates and projections on employment for the period 1995-
96 to 2004-05 in the construc-tion industry. According to this study -
i. The number of persons employed in the construction industry in India
in 1995-96 is estimated at 14.6 million. It is expected to increase to
32.6 million in 2004-05.
ii, The annual increase in employment in the construction industry ranged
from 8.38 percent in 1996-97 to 10.16 percent in 2004-05.
The additional employment generation in the construction industry is ex-
pected to be about 1.224 million jobs per year and is likely to increase
to 3.013 million by 2004-05.
iv. Employment by skill distribution in construction is likely to be as under:
‘Skill 1995-96 2004-05
(Percent) (Percent)
Engineers an 8.47
Technicians 2.46 4.43
Clerical 4.40 4.40
Skilled workers 18.35 (27.62
Unskilled workers 55.08
700.00
vi. The estimated employment generation over next ten years by four major
sectors of the construction industry is given below:
TABLE 1
Employment Generation by Sectors
Road & Housing Civic & Infra Annual
Years Building Social structure Total increase
Infre-stucture Devt. Sector %
structure Sector
1995-96 1485 8580 1091 3465 14621 :
1996-97 1582 9380 1192 3691 15845 8.38
1997-98 1691 10273 1306 3945 17216 8.65
1998-99 1812 11273 1433 4228 18745 8.88
1999-2000 1946 12392 1575 4541 20455 9.12
2000-01 2096 13650 1735 4890 22371 9.37
2001-02 2262 15065 1915 6279-24521 9.61
2002-03 2448 16660 2118 8713-26938 9.86
2003-04 2654 18445 2345 6192 29635 10.01
2004-05 2881 20445 2599 6722-32647 10.16
‘Source: employment Projection in Construction Sector, 1996-96 to 2004-05, A NICMAR Publication, 1997.
2NICMAR
A Rs. 3,30,000 million a year industry employing 14.6 million persons is
surprisingly called the informal sector of economy. This is primarily due to
the structure of the industry. Broadly categorised, the industry comprises
over 200 firms which may be called the corporate sector. These firms are
large by Indian standards, are quoted on the stock market if privately owned
and in the big league if owned by the government and about 90,000 firms
are classified as class ‘A’ contractors registered with various government
construction client bodies. These firms, may be from medium to large size
in terms of volume of business turnover. There are about 6 hundred thousand
small firms of contractors/sub contractors who compete for small jobs or
work as sub contractors of prime or other contractors.
The major chunk of the construction workforce is constituted of contract
labour. The term ‘contract labour’ refers to persons hired by a labour
contractor as well as job contractors for carrying out various kinds of skilled,
semi-skilled or unskilled or unskilled jobs on construction sites.
With the rapid industrialisation requiring the use of more advanced technology
and skilled personnel, industrial workers engaged in the formal sectors of
the economy form a privileged category. They unionized themselves and
registered major wage-welfare benefits. More importantly, they were able to
eliminate the institution of ‘jobbers’ and restructure their employment relations.
Such is not the case for the construction workers. Construction sector is
an aggregate of numerous discrete elements which facilitates contracting
Fluctuations in demand of construction serv-ices contributes to instability in
workforce and encourages the paradigm of owner-contractor-subcontractor-
worker relationship, but skill is the only security of contract workers in the
construction job market. There is enough evidence to show that skilled
workers dictate their own terms and set their own work schedules.
Review Questions
1. Discuss the nature of building and construction industry and its labour
force.
2. What leads to the exploitation of construction labour? What do you mean
by the situation of 'jobbers' ? How can it be eliminated?
3. What is the role of vocational training in construction industry?LESSON 2
FUNCTIONS OF SITE PERSONNEL OFFICE
SUMMARY
Unlike a factory, the construction industry works under uncertain conditions. Site
conditions and work climate are different at every worksite often remote and
inaccessible and lacking communication facilities. A site manager has to take alf
technical as well as personnel management decisions and as such site personnel
administration is one of the vital activity of a site manager which calls for a high
level of managerial ability. Like other components of project management, personnel
‘management and administration are essential activities. Road map to P&A activities
includes division of labour in manageable work sections, initial training to people
for time management, liaison with police and other governmental authorities and
community at large. Strict provisions for safety and protective precautions are also
important. Building image of the company with client company end community is
very important for its future business and growth
CONSTRUCTION ACTIVITY
Construction gives birth to manufacturing but there is vast difference between
manufacturing and construction activity. In the manufacturing and engineering
In-dustry the product is uniform, the place of production is determined, the
design and methodology of manufacturing is well established, the properties
of material used and characteristics of machines employed, as also the skill
of man-power deployed is well known. Compared to this in construction one
is beset with uncertainties of site, work, climate, skill of labour, and environmental
condition. All these calls for nigh level of dependence on the managerial
ability, his innovative skill and leadership qualities. Site managers have to
take decision at the site which in many cases could be remote and
inaccessible, suffering from lack of communication and therefore site and
its Head Office have to be on some wave length in respect to basic
procedure, system and policies. There can be a written guidance or
commonly practiced set of work practice.
Site personnel administration is one of the vital activity of a site organisation.
For effective achievements of intended result it is essential to set up a
suitable organisation at the site. The organisation should afford translation
of plan into an activity which promotes completion of the work. As stated,
Head Office and Site Office should work in support of each other. While the
initial conceptualisation, planning of project, preferably in association with
the designed project management is carried out at the Head Office, the
activity of actual construction has necessarily to take effect at the site.NICMAR
A good site organisation in which all individuals concerned constantly interact
for achieving project objectives is vital for the success of the project. A
project/site organisation takes over from the Head Office team once the
planning process, statutory clearances and allotment of fund has been made.
A concept of the Organisa-tion is formulated in the planning stage itself, and
at the commencement of the execution stage, a formal character is given
to its activity and delegation of individuals is made clear.
Like other components of a project site management, like planning, monitoring,
engineering, quality control, finance and accounts, personnel and administration
is an essential activity. It starts from man power deployment. All record of
employees, with respect to their pay, leave, transfer, promotion, training etc.
kept here. Though a project being of limited duration, but for the period
of its operation record is maintained. At construction site, certain social
problems may also be encountered. Most sites are at far off and inaccessible
location, where employees would be staying away from their families.
Site Personnel Management is the most important function of a Building and
Construction business, which is physical execution of the contract job. The
human efficiency decides the organisations’ success or failure. Motivated and
committed work force can take it to unimaginable heights. Similarly, bad
execution can destroy the enterprise. So extreme care and productive efforts
ate necessary to make people perform the work excellently.
ORGANISATIONAL LINE/NETWORK AT THE SITE
In case you have been posted at the work site as incharge of Personnel
Administration Department to work with the Chief man at the site, you have
to be a confident man with definite direction and strong inspiration, honest
to yourself and honest to your employer and a natural leader with pleasing
disposition to successfully work in a team. With your professional knowledge
in behavioural science and administration, you have to be dynamic enough
to do the desired as per work need and circumstances there.
You should know the relevant operational clauses, provisions and expectations
of the client as mentioned in the Contract to have an overall working
knowledge of the plans and targets as per work agreement.
ROAD MAP TO SITE PERSONNEL ADMINISTRATION ACTIVITIES
Divide the Site into Manageable Work Sections
If the site is unwieldy and if the work is separable, recommend its division
into units, departments or sections with one engineer or foreman in charge
of each. In allocation of human resource, there should be intersectional
5NICMAR
transferability and diversion made possible with a control by you and your
Chief Manager ensuring least wastage and idleness.
Make People to learn, to train, to guide and to delegate
Site organisation is usually drawn up at the head office to suit the scope
of work at site, but action on recruitment is taken by Site Personne! Manager
after taking approval of his Chief Manager. There must be a reasonable ratio
between supervisors and workmen for effective control. Motivating people
by delegating more responsibility and authority in recognition of their competence
and creating challenges in their assignments is essential. Remember that the
time your management spends on training and guiding the people at work
will pay you multiple dividends later. While on the subject of training, you
must train your supervisors not only to lead the workmen but also to teach
them the trade. Even those men who are not operating these plants and
equipment directly should be given training in their use. In fact, all key men
at site should know the scope, capacity and use of these machines, their
maneuverability, economics of use, their installation or placement, movement
‘or marching, requirements for operation, dismantling, etc. All these should
be explained not only to supervisors but also to senior workmen. If your men
are kept in the dark, their efficiency will be poor.
Give on-the-job training to the workmen. Before the commencement of any
activity, explain to the full understanding of your men the scheme, the
method, the materials and tools needed, how to use the tools, advantages
and disadvantages of different types and makes of tools serving the same
purpose, precision needed, tests re-quired to be carried out, and so on. Both
the supervisors and workmen should take the responsibility for the safety
and security of the tools and equipment allocated to them. They should
ensure their own personal safety also.
Empowerment and delegation makes people at all levels to carry out their
responsi-bilities efficiently. The delegation of such authority should be made
known to all people in the site organisation so that they act without the
fear of being questioned So, do all that you should, to remove all kinds of
constraints in advance so that your people are able to achieve the targets
Remember always that in construction "time lost is money lost" and as far
as time is concerned, you have to always consider that you are under
‘emergency’. Think not only of your losses but also of the owner's and the
nation's loss. A day saved can probably save a few million rupees.
Never think of finding out excuses for not doing the work. Excuse you can
find in plenty. But whom do they help? The moment you start narrating
excuses, intelligent people who hear you rate you as one not interested inNICMAR
delivering the goods. At the end of the month, what your employer and your
‘owner expect is not a long list of excuses that stood in your way, but solid
figures of achievements. A capable construction manager should guide things
in the direction of execution. He should be a creator’ at the site, not a
‘spectator’ of things somehow happening by themselves without human
effort like rain falling or breeze blowing.
Help Monitoring Progress/Results
Instead of people coming to you for guidance, you must go to them and
discuss the performance, and where necessary tell them. This is necessary
because as a leader in human relations, give credit to others for their
achievements and own up their shortcomings before the head
Manage Time
At the construction site, you will always face pressure of work and lack of
time. This is a manageable problem. Time management is an art which you
can easily learn and practice if you want to. Many of us waste a lot of our
time and_say "no time even to breathe". Lear to structure time and priorities
of your time. There is no substitute to this practice and habit. With this self
discipline, you can make other team members to do the same.
Departmental Labour
The regular work force directly engaged on your roll is the departmental
labour. Engage departmental labour on key elements of jobs over which your
management people shouid exercise extreme quality assurance, control of
progress and workstudy for future purpose. Those jobs which are of longer
duration and more profitable must be done departmentally.
Sub Contractor/Agreement
The reasons for subcontracting are want of specialist skill, uneconomic
volume for you to mobilise, want of special tools, paucity of capital to equip
for a new activity and some times the policy of keeping low the direct employment
of workmen as per instructions from Chief Manager or Head Office.
At the beginning stage itself your organisation may decide to subcontract
certain portions of work. You must know the subcontractor and his work
force since this all work is on the responsibility of principal employer,
your Organisation. In fairness to the subcontractor, an agreement without
the pitfalls detailed should be signed. However, while being fair to others,
you must ensure that organisation also receives fairness. There should be
no compromising at the cost of your Company's interest in business.NICMAR
Contents of the agreement can be taken relevantly from Head Office. As
far as possible, use one of the standard forms of agreements with the
necessary modifications. One thing which you must particularly ensure is
the creativeness presence of workforce on work. Support the Subcontractor
and ensure that he does not fail. If a subcontractor fails, this would cause
some dislocation and set back in the project work. Therefore, try to prevent
it. Here are a few tips:
- Your work team has to be transparent. No cheating or distorting of
quantities in measurement books.
- Without taking advantage of his weak bargaining power, give him fairness
and support in everything, But when he is otherwise well off, you need
not share the details of business terms of your Company with the Owner.
- Help him with your management skill, administrative ability and personal
ad-vice in increasing his effectiveness and profitability.
Liaison and Sociability with the owner's representative
This is a subject to be handled by you and your boss delicately. Your
Company needs the owner's goodwill and support throughout the contract
period. He deals most mostly with his people like engineers and others. Never
rub them up the wrong way. Get along well with him. If and when mis-
understanding crops up, talk it out amicably. Cordiality should be the keynote.
Teach your people how to deal with the owner's representatives at various
levels. Tell them that they would not lose anything by giving a little extra
respect someone regardless of level differences.
Ligison and Rapport with Local Authorities
The provincial government's local administration set up is popularly called
‘local authority’. You will have a host of things to do with many of them
n your day to day administration. Keep them in good humour. An occasional
ego-boosting visit to their office by you, presentation of some compliments,
cooperating with them in problems affecting the local community., etc. will
go a long way in keeping good rapport with them. Never slight anybody.
Health and Safety
Contractors who have a concern for the health and life of their men should
ensure that ‘safety’ is an important part of their work culture. There are
safety trainees especially for the Sites with their local offices in all prominent
towns. Moreover, every owner/principal employer has to include all health
& safety plans along with design of a site project. Factory Inspectorate and
State Safety Councils maintains link with the national or local safety council.
Contact them for the safety codes to be followed for your type of work.
8NICMAR
Train your supervisors and workmen how to work without exposing themselves
to injuries that can cause deaths or disablement. Give them the necessary
safety appliances, land see to it that they use them while on work. If anybody
is found negligent in the practice he must be punished straightway. Practice
of safety and accident prevention shall be an important part of the work
culture of the organisation.
Provision and Use of Safety Appliances and Protective Clothing
For dry type of site job, the appropriate safety appliances and protective
clothing necessary to ensure personal safety and protection shall be issued
to employees. All employees shall be given safety instructions at the time
of induction. Later on, they shall be warned of the consequences of negligence
at regular intervals.The management must inflict appropriate appropriate
punishment on all employees flouting safety instructions. All supervisors
whose teams achieve "zero-accident” shall be given annual awards.
Image Building
Conduct of all the people and your management team throughout the existence
at the site should be such that when you jeave the place, you go with a
respectable image. The organisation's image is very important for its future
business and growth. The perfect professionalism with which you conduct
your affairs at the site, your dealings with the people, the high standard you
have demonstrated in your performance of work, the calibre of your executives
and the skill of your workmen are things which build your image as an
organisation. At every step you take, the ‘image’ of your organisation side
by side with other objectives should be uppermost in your mind.
Review Questions
1, How is the role of a site manager crucial in managing people at site?
2. Howis personnel administration a vital management activity at a site organisation?
3. Why is on the job training unavoidable at site? Why health and safety
education are necessary at work sites?
4. How ‘image building’ contributes for the future business and growth of
a company? What do you mean by sociability with owner's representative?LESSON 3
MANPOWER PLANNING AND PROCUREMENT
SUMMARY
‘Manpower planning is a significant part of management planning. Manpower planning
is a process of providing the right kind of people in right numbers for a right job
at the right time. As a result of work study, past experiences and job analysis job-
Specifications and job descriptions are determined for recruiting people. People are
recruited through various sources including employment exchanges. given appointment
letters and placed on the job. The process of induction and training goes on to
develop them for enhancement and rewards by increments and promotions. Personal
files and written records are maintained to know the work, conduct and performance
of an employee.
INTRODUCTION
Manpower planning is that significant part of management which deals with
planning for all types, nature and class of workers, supervisors, engineers and
technicians etc. Required for proper and efficient execution of work. Manpower
planning is known as the process of keeping right kind of people in right number
for a right job at the right time. It deals with planning recruitment, selection,
placement, training and process of upgradation and promotion of the company
workers and staff at different stages of work or time according to the demand
of the work. Manpower planning department of a construction company helps
its management to carry out the project execution smoothly. Manpower
planning department carries out detailed study of the type and nature of project
for estimating numbers of skilled or unskilled workers, types of skills required,
for what duration this type of skilled/unskilled workers are required and where
the labour will be engaged after completion of the job. They carry out detailed
studies for the type of engineers, technicians, managers required and from
where to get them. Proper upgradation, training, promotion, increment of
workers and staff also lies with this department. With proper manpower
planning the company does not have to stop working due to demand of labour
or staff. Nothing comes to the management all of a sudden. A lot of work
is necessitated for manpower planning. It includes:
- Collecting data of the whole project, the nature of the project, equipment
use, amount of work, time frame to complete the project etc., specification
of work, contractor etc.
- Labour components in various items.
- Level at which labour is required.NICMAR
- Location of project.
+ Degree of responsibility, skills and knowledge required
- Consideration of the rate of absenteeism.
- Money to be given to various levels of employees according to their level
of responsibility, working conditions, importance of work, skills required
for a work etc.
The above steps are part of work-study and job analysis which enables us
to make job description and job specifications. This is done by using CPM
and PERT methods. A project is divided into a number of activities that will
make it complete. The duration of the activities is estimated on the basis
of experience. Lead times are also considered. Then it is decided how many
employees are required and when. Some are needed at the very beginning,
while others are required at the time of execution.
Job Evaluation
Job evaluation means knowing the worth of the employee. It is done in three ways:
- Classification method: Whether a person is needed at supervisory fevel
or at a higher level, what kind of job he will handle, how much work
is needed, and whether the work is laborious or not.
- Point rate method: In this numbers from 1 to 10 are given to various
functions which are similar in nature. Each element is then measured e.g.
it comes out to be 10. If the number of elements are ten then the total
becomes hundred. If Rs. 60 is to be paid to the worker and Rs. 40 is
minimum pay the 60 /40 is the job value.
- Job rating: In this exercise, the job is rated as per skills required by a
person. The knowledge desired, his capability and extent of work responsibility
on a job. This also leads to find the worth of an employee.
Meticulous care has to be taken in manpower planning in order to ensure
timely deployment of just the required number of workmen of the right trade
and skill. Both over-manning and under-manning are bad. At the same time,
there should be no sudden fluctuations in the labour strength. Remember
that the manpower and productivity would hold the key to profitability in
construction. In a construction organisation, manpower planning is done
with a lot of learning from Head office and project chief and other functionaries
in planning activity. A site manager and a site per-sonnel officer seeks help:
- to schedule the work force from start to finish showing expected decrease
or increase at times;
- to determine the manpower skill specifications and assess the number
of mandays of various trades and skills to be put in every month;
"NICMAR
- to draw a chart of manpower needed weekwise or monthwise;
- to adjust the schedule and manpower requirements avoiding sudden and
steep fluctuations;
= to ascertain the availability of men of the right trade and skill either in
on going and other sites
- to put off the recruitment of those categories which available for spot-
recruitment and which herdly need any training;
- to recruit and train the scarce categories in advance, but try to keep idling
to the minimum;
- The concerned site manager/personnel officer should help his Chief
Manager at site to maintain a reasonable ratio between supervisors and
workmen ensuring effective supervision and high productivity and also
to have a periodical review of the manpower of every section of the site
and of the organisation as a whole, keeping the present and future needs
in view and avoiding manpower shortage and high overtime on one side
and idling, underutilisation and surplus on the other.
He must prepare manpower charts for earliest start and latest start of
activities as per need. It should be borne in mind that sudden sharp fluctuations
in labour strength alone will have corresponding adverse impact on supervision
and infrastrucutral facilities which will lead to fall in efficiency and it is not
an economic and practical proposition to increase or decrease the labour
strength. This is an important aspect to be given proper attention while
planning the manpower.
General and clerical staff such as material chasers, time keepers, stenographers
and typists shall also be needed.
One need not expect the general staff to possess all the desired qualities
and skills. They should have a basic idea about the work they are expected
to do, be able to understand instructions well and carry them out with speed
and accuracy using common sense. They would generally have good physique
and pleasing nature. General staff can be recruited as and when found
necessary. They too need some training. And a few of them have to be
retained on the permanent roll of the enterprise.
The number of positions will depend on the scope and volume of work. One
must ensure that the actual employment does not exceed the number and
duration considered in his manpower estimate as given to him by his top
management. He must aim at keeping the actuals below the estimates so
that he stands to gain economically. Never start with the full contingent of
men. And finally, try to recruit the best available men for all positions because
it is the appropriate people who deliver the goods as per plan.
12NICMAR
The site organisation shall recruit only meritorious candidates with the
appropriate qualifications, experience, capability and potential for development.
As far as possible, candidates below the age of 35 years shall be given
preference. Every year, a few fresh trainees may be recruited. Where local
recruitment of temporary men is necessary, such recruitment may be made
through Employment Exchanges or Placement Agencies.
In the initial recruitment, age may be relaxed because of the need for well
experienced people in different positions. But along with them, youngsters
also shall be taken in for training and succession. Further intakes shall be
planned on the basis of the future expansion of the work and business
organisation and the aging of the first recruits requiring replacement. The
subsequent recruitment shall be mostly of qualified trainees who shall be
given the appropriate training in the relevant jobs and absorbed in various
departments and groomed for different posts, giving due consideration to
the qualities found in them during the training.
Interview and Selection
Regardless of how or through whom the candidates have come, every
candidate for employment shall be interviewed and even tested, where
relevant. You and your other interviewers shall prepare themselves in advance
to conduct the interview with dignity land make a proper evaluation of the
candidate from the angles of: job specifications and the candidate's suitability,
considering his personality, intelligence, theoretical education, practical knowledge,
area of experience, achievements, reason for seeking change, his choice of
job, attitude, aim in life, language ability, the training if any he needs to suit
the present post and ability to get along with colleagues at different levels.
In the interest of the organisation's efficiency, selection of employees shall
be based solely on merit. Where a deviation is necessary to oblige a business
friend, top management's approval should be obtained before a job is offered.
Verification of Antecedents and copies of Testimonials
As far as possible the organisation shall verify the antecedents where such
reference is thought necessary.
Original certificates and testimonials shall be seen and compared with photocopies
before selection of any candidate. Forging of testimonials is a common practice
in construction field. Therefore, where necessary, a copy of the testimonial may
be made out and sent to the previous employer for verification of its authenticity.
Specimen of Application Form
The organization shall have its own application form placed among appendices.
13NICMAR
The contents shall be: name; father's or husband's mame’ permanent and
temporary addresses; date of birth, religion, caste or denomination; height;
weight and identification marks; marital status; next of kin's name and address;
whether related to a director of the company; and if so how; names and
addresses of two respectable persons other than relatives, to whom reference
may be made regarding the applicant's antecedents; full details of educational
qualifications - supported by photo copies of certificates; full particulars of
working experience - evidenced by photo copies of testimonials; special or
extra curricular achievements with proof thereof; job applied for; emoluments
expected; joining time needed; remarks of the interview committee and decision.
Employee’s Service Record
It is essential and also as per requirement of law that employee shall
complete and updated record of every employee, in the prescribed register.
The organisation shall comply with this requirement, without any delay. Any
additional information thought necessary may be added in the said register
so that it can be used as the permanent employment register. Separate
personal files are also kept for all employees for day to day use.
While each workman shall be given either an employment card or a service
book, every member of the staff shall be given an appointment letter. It will
set forth the principal terms and conditions of employment. Contents of
appointment letters shall include: position offered; cadre; place of work;
whether the appointment is on permanent or temporary or casual roll; pay;
allowances; probation; confirmation and duration of employment; leave
entitlements and for the rest of the working conditions. A copy of rules and
standing practices and Certified Standing Orders for the rest of the working
conditions. The employee shall sign at the bottom of the ap-pointment order
and accept the appointment order unconditionally.
Employment Card or Service Book
Contents of employment card or service book shall be: name and address
of the employer; address of the particular office or establishment to which
the employee is attached; full name of the employee; father's or husband's
name; date of entry into service; designation of the employee on his entry
into service and any subsequent change therein with its date; whether the
appointment is on permanent or temporary or casual roll; rate of wage and
subsequent change therein with the date of each change; rate of daily allowances
payable to the employee on his entry into service and any subsequent change
therein with the date of each change; of any other concessions, such as medical
benefit and rent-free quarters and any subsequent change therein with the date
of every change; rules and regulations concerning attendance, safety, etc.,
14NICMAR
which the employee must follow; signature of the employer with stamp. A
photograph of the employee may be affixed with the organization's seal.
Induction
Initiation of induction should be such that the initial experience creates a
lasting good impression on the new recruit's mind. It should be made clear
to the employee as to when, where and to whom he should report for formal
joining and the site or department concerned shall be given an advance arrival
information. Every employee shall fill up and sign a "joining report” when
he joins the organisation. The joining report is a simple form containing;
name, designation, the department of joining, date of joining, reference
number and date of appointment order and the employee's signature. Head
of the department shall sign and return the same to the personnel department
for the permanent record in the employee's file. The employee's name shal!
be entered in the department’ wise "attendance register".
Introduction to Colleagues
Either the head of department himself or his second-in-command or any other
member senior to the new employee shall take him round and introduce him
to all his colleagues in the same department. This must be done with due
respect and dignity. Depending upon seniority, the employee shall be introduced
to client's officers also. In course of time he will introduce himself to members
of other departments. During the introduction, mention shall be made of special
merits, if any, the new member of the team has to his credit. The site manager
and site personnel officer shall ensure that the new member of the team is
informed of those aspects of the organisation which will help him identify his
role clearly and fit himself fast into the culture of the organisation.
Review Questions
1, Define HRP and the aims and objectives of the process. What are the
reasons for the current interest of companies in it?
2. Identify Job-description and Job-specification. How are they different
from each other?
3. What is recruitment? What are the various sources of recruitment? How
is re-cruitment different from selection?
4. Define interview. What are the types of interviews commonly used in
the industry? What are the qualities of a good interviewer?
5. Discuss the objectives and uses of performance appraisal. How is it
different from potential evaluation?
16LESSON 4
SKILL DEVELOPMENT, TRAINING,
UPGRADATION AND REDUNDANCY
SUMMARY
This chapter deals with practical aspects of training, developing and keeping the
employees at ease and motivated. Training is the mother of progress and performance.
When company goals and objectives are welded and wedded with individual and
team goals, there is all round prosperity and peace. Handling grievances, an
objective performance appraisal, positive human relations and proactive dealing
with employees provides a conducive work climate in the organisation. A site
manager incharge should have a succession plan so that when an employee leaves
or retires, there is a smooth replacement without a vacuum or loss of work.
INTRODUCTION
The organisation shall have training scheme aimed at improving its employees’
skill, competence and quality of performance and thereby the organisation
getting better output in terms of quality and quantity. Even experienced persons
might need a training when they join a new organisation as job expectations
vary from organisation to organisation. Such training shall be designed to meet
the particular needs of the policies, style and working methods.
Training opportunity shall be given to everybody in a planned manner and
training shall be separately planned for:
- Managerial Staff;
- Supervisors and General Staff; and
= Workmen
They shall be further divided into: fresh trainees and regular employees. Foi
fresh trainees, the training shall be for long duration. Contents of their
training may include even preliminaries or fundamentals of practical work.
Regular employees who have newly joined the organisation must have had
their initial training under other employers. Also they must have had post-
training working experience. Therefore, they need only short-term training
under the new employer. Training scheme and contents shall be separately
planned for each category according to level from the following angles:
- objectivity and job expectation
- on-the-job learning of the workNICMAR
- higher skill development
- speed in performance
- quality of work and avoidance of wastage
- technological and theoretical advancement
- maturity in judgment
- human understanding and the art of motivation
- ability to get along with co-workers
- capacity to face frustrations, adversities, pressures and stress
- decision-making and problem solving
- communication and negotiation skills
- work culture including safety of self and tools and ethics including the
noble nature of employer-employee relationship.
Fresh trainees may be trained even how to dress decently, how to behave
and how to conduct themselves with dignity in an organisation.
The scheme shall be implemented through:
- on-the-job training, individually or in batches under qualified and experienced
seniors who themselves had wide training
- occasional class room lectures, seminars and case studies
- supply of written materials for studying and making written reports
- periodical test-papers and feedback
- encouragement of self-learning and award for acquiring additional
qualifications.
Periodical evaluation shall be made of the impact of the training on the employee's
overall performance. Regardless of whatever theory of evaluation is followed,
the employee's performance shall be evaluated from the following angles
- how much has be learned?
- how much does he do?
- what is the quality of work?
- does his attitude towards the work show willingness and dedication?
- is he loyal to the organisation?
- is there potential for developing him to a higher position?
While assessing the potential, weightage shall also be given to the individual's
intelligence, ambition and personality. Personality is the individual characteristics
of a person which make him different from athers in his total performance.
After evaluation, every employee must be given a feedback on how well he
7NICMAR
is doing. Such feedback is to help the employee improve on his performance
if he is lacking in any aspect and to motivate him further if he is doing well.
In-house Facilities and Hired Facilities
In a construction organisation, most of the training shall be work-related,
in-house and on-the-job. Senior managers alone may be sometimes sent for
outside training.
For class room lectures, audio-visual presentations and seminars which are
more theoretical than practical, the organisation may hire experts for short
duration to aid in-house training. The rest of the training should be imparted
by competent senior employees of high levels in association with the personnel
manager. The personnel manager shall draw up the training schemes with
the help of the heads of the departments concerned.
If operatives are required to operate some newly acquired machine, the
manufacturer must give the necessary training as a part of his after-sale
service obligations.
If a new technology is acquired from another organisation, the employees
implementing the technology may be given training under the experts of that
organization. Such training may be partly in their own organisation and partly
in the other organisation's office or factory.
Bond to Serve a Minimum Period as Consideration for Training
The organisation would incur visible and invisible costs for training every
employee who is taken in as a fresh trainee. Therefore, the organisation shall
expect every trainee to serve it, after the training, for a period of at least
three years. To this effect, a bond must be executed by the trainee along
with a surety. (Legality and enforceability of bond to serve differ from country
to country. Therefore the organisation must get the bond prepared by a
practicing lawyer of the locality).
Career planning shall be done at two stages of training. Before starting the
training the organisation shall plan what it wants out of the employee's career.
On completion of the training it will know what it can get out of the employee's
career, based on the potential he has shown. In actual placement on the job
and further development of the employee this plan shall be kept in mind. The
employee must be told of the career plan at both the stages because he will
be happy to work with the organisation only if its career plan for him tallies
with his own career expectations. It shall be found out through a discussion
whether there is a matching of career plan and career expectation.
18NICMAR
Criteria for career planning shall be: strengths and weaknesses with reference
to job requirements of the organisation, individual's own ambitions, the
values he expects of the employer and the matching of his personal characteristics
with the culture of the organisation. As a matter of policy, the organisation
shall never encourage any seniors suppressing the merits of capable juniors.
Once an agreement is reached between an employee and the organisation
on a career plan, it shall be treated as a mutual commitment, the employee
becoming whole-heartedly committed to the organisation's goals and the
organisation to the employee's support.
While employee evaluation will be a continual process, additionally once a
year each employee's overall performance shall be reviewed. Then, commensurate
with individual merits, salary revision may be granted. Increment is not
automatic, nor a matter of right. One has to deserve it. In deserving cases,
additional increments or promotion to the next higher grade or even change
of title and cadre may be granted. Where there is a need, the employee,
the employee shall be sent for further training.
Employee's performance shall be assessed by their superiors with reference
to targets and expectations. At a construction site, it shall be done by the
construction manager for supervisors (by whatever designations they are
called) and by supervisors for their subordinates. In both the cases, besides
reports on the quantitative aspect of individual or group performance, the
superior concerned shall interview each subordinate when the individual's
appraisal report shall be read out and dis-cussed. The subordinate's agreement
or disagreement with each item of the appraisal should be then mentioned
in the report.
The Organisation shall have its own performance appraisal report form to
contain the following: site and date at the top; name and designation of
employee; performance of the past year - quantitative achievement of the
year against budget if applicable; duties and responsibilities; effectiveness
rating in each of them according to the superior in terms of high, medium,
low; the employee's agreement or disagreement with each of them and his
explanation of the constraints and problems which limited the performance:
superior's comments on each of them and his concluding remarks on the
performance career potential in the employee - strengths, weaknesses and
the training necessary to build up the strengths and correct the weakness
- list and extent of additional knowledge, experience and personal qualities
to be developed; the employee's agreement to and acceptance of the superior's
assessment and suggestions; overall rating - excellent, good, average, poor;
signature, name and title of the appraiser.
19NICMAR
The Organisation may ask for appraisal reports from subordinates on their
superiors’ performance. But superiors shall be interviewed only by their superiors.
Grievance Procedure
Step 1. Any aggrieved employee may approach his supervisor under whom
he is directly working for redressal of any complaint regarding his work,
conditions pertaining to his service, etc. The supervisor shall look into the
complaint and give a reply to the aggrieved employee as soon as possible,
but within three working days.
Step 2: If the aggrieved employee is not satisfied with the reply received from
his supervisor, he may approach the personnel officer who shall investigate the
matter dispassionately and give a reply to the employee with the next 7 days.
Step 3: If the employee concerned is still not satisfied, he may make a second
approach to the chief site manager, in writing, for a revision of the decision.
The chief may then consult the government labour officer of the locality and/
or the head office, depending on the nature of the grievance, and give a
written reply to the employee. This will be final. The site management's
approach shall be such as to redress the employee's grievance with the
framework of the organisation's rules and standing orders, if any.
Step 4: If the Chief Manager's final decision does not satisty the employee,
he may raise a dispute as per provision of the law.
Resignation/ Retirement
The organisation recognises that every employee shall have the right to resign
from his post as per term s of the appointment, i.e., notice period. Resignation
should be in writing, stating the reason and routing through proper channel
of superiors. Employees under bond should pay the bond money. Every
employee should give notice for the period stipulated in his appointment order
or the relevant statute. The Organisation keeps to itself the right of accepting
notice pay instead of notice from the employee.
On attaining fifty eight years of age, every employee shall retire, The
Organisation keeps to itself the right to revise the retirement age. Normally
no extension of service shall be given to employees reaching the age of
retirement, but in certain exceptional cases extension is in practice for the
benefit of the organisation.
The head of department of the retiring employee shall train up in advance
suitable successor to take over charge smoothly
20NICMAR
The retiring employee as in case of resigning employees, must obtain clearance
certificates from all the dealing and concerned departments/sections including HO.
The organisation may bear the cost of moderate send off meeting over tea and
a presentation to the retiring employee, depending on the length of his service
Settlement of Account
Usually, the resigning employee's account shall be settled within two working
days from the expiry of the notice period. He must produce clearance
certificates from his departmental head, stores, administration and accounts.
However, for settlement of provident fund, gratuity and other long-term
social benefits he has to wait, as provided for in the relevant statute or deed.
Final settlement shall cover the remuneration he has earned, encashment of
privilege leave and another statutory benefit he is entitled to.
Review Questions
1. Discuss the need and objectives of training and development. How are
training needs assessed?
2. What is succession planning? How is it different from cereer planning?
3. How is grievance handling useful for employer and employee? What areas
and issues are dealt in it?
21LESSON 5
WORKING HOURS AND WORKING CONDITIONS
SUMMARY
Wage and salary are important but the climate of work and other benefits are equally
important. The work environment, hours of work, weekly rest, leave and other
holidays keep employees fit and satisfied. Taking care of their safety and health is
a legal as weil as voluntary welfare activity. In case of accidents a building worker
is compensated with leave and other statutory benefits. Working hours and shift
hours of both manual and office employees are regulated by labour laws. Over-time
is also paid as per related rules.
INTRODUCTION
All employees shall work a fixed number of hours per week, more or less
equally spread over six days, as normal working hours. Statutory requirement
of the country of the labour laws shall be followed in this matter. Hours
of work and shifts shall be notified in advance every week on the notice
board at the time office.
Normal working hours and break time together shall not exceed a continuous
duration as per pertain law.
For overtime work done beyond normal working hours, employees shall be
eligible for payment at extra rates. The organisation shall follow the practice
prevailing in the area of industry. Generally, field employees are paid at
double the normal rate for which done beyond the total number of hours
fixed for normal work per week. Where an employee does several hours of
overtime work, but in the same week partly absents himself from normal
duty so that the total normal hours and overtime hours put together fall short
of the total hours fixed for normal work per week, he shall be paid for part
of the overtime work at double the rate and balance at single. Generally,
senior office staff, supervisory personnel and managers are not eligible for
overtime payment, But in consideration of longer work done continually
beyond normal hours, they are usually given compensatory leave.
As uncontrolled overtime work at higher cost is one of the causes of financial
loss in construction business, overtime work shall be discouraged, unless
there is corresponding benefit. Separate cost-benefit estimate should be
made before sanctioning overtime work and their actuals analysed by measuring,
at short intervals, the work done during overtime. If it is making in-roads
‘on normal profit margin, overtime work shall be discontinued at once.NICMAR
1@ work
The following are the situations when it may be necessary to do ove!
- Ina crash-programme to regain lost time and put the project back on tract
- When construction equipment and tools are insufficient to engage more
number of workmen during normal time.
- When work content of any one operation of the critical path is much
more than what can be done in normal time for which alone introduction
of an additional shift may not be economical,
- When there is a dearth of workmen of any particular trade or skill.
- For completing shut-down or emergency jobs for clients at higher than
usual price.
- To repair own construction equipment.
There could be some more situations of similar nature. But in every situation,
direct and consequential costs and benefits should be considered before and
after doing overtime work. If overtime work is found to be continual in any
job site, then it shall be reckoned that there is something wrong in planning
and organisation. Overtime payment should never be introduced as an incentive,
Every site supervisor must be made aware that there is also a statutory ceiling
for overtime work.
All officers concerned should remember that thoughtlessly introduced overtime
work practice can spoil the organisation's work culture for all times to come
Time Recording/Lunch Break
At sites, sometimes conflicts and malpractice take place by way of late
coming, false attendance and overtime, and ‘ghost cards’. With a view of
avoiding these, the organisation shall follow a system of combination of
automatic punching of attendance cards by everybody personally, a consolidated
attendance report by every supervisor or head of section and an independent
headcount by time office during both normal and overtime hours.
The statutory requirement in the matter of refreshment break shall be ascertained
from the local practice and as per provision in the labour laws. Those who
introduce a ‘tea break’ in addition to the statutory refreshment break will suffer
because what is conceded as a ten-minute break on humanitarian ground will
gradually grow in duration and assume this as a right, considerably reducing
the effective working time. If tea is a must, serve it at the work spot.
Refreshment break shall be timed between the two more-or-less equal halves
of the normal working day.
23NICMAR
National And Festival Holidays
Regardless of length of service or cadre, all employees of the organisation
shall be entitled to the paid holidays observed by it as per their respective
service condition and classification/cadre and provision of law.
The organisation will observe the national holidays as paid holidays. Except
for emergency, there shall not be even overtime work on national holidays.
There may be especial overtime rate for working on national holidays. Other
than national holidays, the organisation may grant some paid holidays as
festival holidays with an option for individual site's employees to choose from
a long list of local or national festivals as per Holidays Act of the respective
State of operation.
Weekly Holidays and their Staggering
After six days' working, every employee shall be eligible for a paid weekly
holiday. Where it is necessary to keep the work going throughout the month
without any interruption, the organisation may stagger the weekly holidays,
granting different days to different groups or individuals by corresponding
adjustment in work schedule with an intimation to concerned Inspector under
the particular applicable Labour Law.
Special Holidays
Either the government concerned or the organisation may declare special paid
holidays on some occasions. Such holidays shall be for all employees of the
particular place of work.
Earned Leave/Leave with wage/Privilege leave
Unlike paid holidays, leave has to be earned by employees in proportion to
length of service and entitlement of their category. Normally, leave of
absence with pay will not be granted in advance. A minimum leave entitlement,
usually of privilege leave (leave with wage) and maternity leave only is
guaranteed by the relevant statute. Such minimum is the normal entitlement
to which empioyees have a right. The organisation may grant additional leave
of absence to some categories or cadre of staff or even workmen of a
particular place on different considerations as a result of an Agreement or
Certified Standing Orders of that Organaisation,
Generally, the annual leave is calculated at the rate of one day's leave for
every twenty days of actual work. Employees must get leave plan approved
in advance in the beginning of every years, so that their work does not suffer
in their absence. This method of leave calculation is not used in case of staff,
24NICMAR
supervisory and mana-gerial personnel. These categories are normally
thirty days as annual earned leave which is also known as privilege leave
which is not calculated on the basis of actual present days. In this case one's
name only has to be there on roll of the organisation. This leave is also
calculated on calendar year of service. No extra sick leave is admissible in
case of these higher categories since 30 days annual earned leave is inclusive
of sick leave.
Maternity Leave
Women employees who have been in continuous service of the organisation
for a minimum period of one year shall be eligible for maternity leave of
absence with full pay of three months, six weeks before delivery and six
weeks after delivery. See current statutory eligibility.
Sick and Casual Leave
It shall be entirely upto the organization to grant additional leave of absence
for sickness. For workmen sick leave is statutory. It can be 14 days on half
pay or 7 days on full pay. The organisation has to grant some days of casual
leave. This is minimum for 7 days as per state laws. For staff, supervisory
and managerial personnel casual leave can be for 12 days or more but ir.
this case sick leave is included in annual leave.
Accident While On Duty/Accident Report
The organisation shall assume responsibility for accident while on duty.
liness directly attributable to occupation also shall be treated on par with
occupational injury although causes for occupational illness are almost nil
in construction work. In case a site is not covered under ESI Section, for
injury, timely and full medical treatment, in a government hospital or a better
hospital of the organisation's choice, shall be given. Usually, the rate of
payment for the period of absence caused by accident is fifty per cent of
the total remuneration. If the period of absence does not exceed three days,
which period is called waiting period, there shall not be any payment of
compensation. Generally, Government prescribe under Workmen's Compensation
Act a schedule of payment linked with the earnings of employees. The
orgnisation shall, either directly or through its insurer, follow such schedule
where necessary. Supervisory staff may be covered by a separate group
personal accident insurance policy providing for full payment. If any accident
results in permanent, partial or full disability, the employee affected by it
will receive compensation for the percentage loss in earning capacity caused
by such disability. The rates for disability payment shat!-also be taken from
the schedule in the Workmen Compensation Act, E.S.I, Act or any other
25NICMAR
coverage already provided by the management.
in case of death resulting from accident while on duty, compensation shall
be paid as prescribed and stipulated in the law. Payment shall be made to
the legal successor of the victim. The local government officer administering
the Workmen‘s Compensation Act or its equivalent shall be a witness to this
payment. The organization shall at its own reasonable cost, transport the
dead body of the victim of fatal accident and hand it over to his family
members with a carefully worded letter of condolence. Fatal accident reports
must be sent to client's engineer, the organisation's own head office, insurer
and to the government officers through a preprinted intimation form. This
should be done immediately after the occurrence. Death cer-tificate and post-
mortem certificates must be obtained from a government medical officer
authorised to issue them. Death may be reported to the local police, to be
on the safe side.
Minor accidents need to be reported only to the insurer.
Review Questions
1. For how many hours in a work, can a worker be made to wark? Under
what circumstances can he be engaged on overtime? On what rate ir
overtime paid?
2. Can you change the fixed weekly holiday of an employee? How can it
be compensated?
3. How do we calculate annual Jeave with wages? What are the conditions
to be fulfilled before availing this leave?
4. Write notes on casual leave and sick leave.
26LESSON 6
WAGES, ALLOWANCES AND OTHER PAYMENTS
SUMMARY
Wage and salary administration is one of the major aspects of personnel administration
function. Work force is paid according to their contribution, area, market rates and
in accordance with labour laws in which minimum wages are laid down. Wages
are strictly to be paid without any exploitation. Incentives, bonus and other
statutory payments are a component of wages. Soft and interest free loans and
advances are also considered by the management to help the employees and to
keep them satisfied with the organisation.
INTRODUCTION
For workmen, generally everywhere, there are statutory minimum wages
fixed by the state government concerned. The organization shall pay not less
than those minimum wages to its employees. It may adopt its own pay scale
for permanent workmen.
For staff, there shall be scale of pay or consolidated pay with incremental
progressions is provided. Usual annual increment shall be about five per cent
to 11 per cent.
Allowances And Incentives
The organisation shall ascertain from the local government labour office the
prevailing statutory allowances and implement them, like dearness allowance
and minimum wages. The Payment of other allowances to workmen and staff
shall be entirely organisation's discretion depending upon paying capacity. it
shall try to be comparable with other employers in the construction industry.
Travel Allowance, at rates fixed from time to time, shall be paid to those
employees who are required to undertake tour on duty.
In construction industry, especially in the erection of industrial plant and
equipment, the various production incentive schemes operating in the
manufacturing industry cannot be introduced because the outputs are not
precisely linkable to individual efforts, although the effectiveness of individual
efforts is visually assessable for granting promotion. If group incentive is
introduced, the groups which do not earn incentive will raise dispute on the
basis of job contents and selling price by comparison. If any scheme would
benefit all employees of the site alike, it will fail to be a motivator, However,NICMAR
the only workable scheme is group incentive as a small percentage of the
value of monthly production above the break-even level and the payment of
certain percentage to group members on the basis of their basic rate of wages
and actual attendance. In calculating the monthly production and productivity,
the previous month's work-in-progress should not get mixed up with the
Present month's output.
Pay Roll and Date of Payment
Depending upon the number of men employed, workmen shall be paid their
monthly wages between the first and seventh of the succeeding month, and
according to the provision of labour laws.
Staff members both at head office and at site shall be usually paid on the
last working day of the month
Payroll specimen is provided by Head Office in line with labour laws rates
of every state under Payment of Wages Act or other Regulations of the state.
The organisation shall design and print its own form without doing away
with the provisions for information required to be given as per statute.
While workmen shall be paid by cash, staff shall be paid either by cash or by
transfer to their bank account, depending on how far away the bank is situated.
Managers and directors shall be paid by cheques or bank transfer only.
Every employee shall be given a pay slip containing the rate of pay and
allowance, amounts earned for actual attendance, deductions on various
accounts and net amount paid.
Payment in absence may be made to absentee employee's bank account or
through money order or to the order of the employee.
Once an employee joins a provident fund scheme implemented by the
organisation, recoveries towards provident fund from his pay will not need
his authorization, The organization shall deposit or invest the amount so
recovered, together with its own contribution, in the prescribed manner,
within the time lifted for that. Failure to do it will be a punishable offence.
Under special circumstances, it may get time extension to deposit its own
contribution, but not for the employee's contribution.
Review and Revision of Scale
‘Once every three years or so, the organisation may make a general revision
of the scale of pay of all staff raising the lowest minimum by a certain
percentage linked with the cost of living. Such revision shall offset such part
28NICMAR
of the inflation which may not have been compensated by annual increments.
The organisation's order position, profitability and paying capacity will be
given due consideration white making any general revision of pay scale but
industry-wise area practices can not be completely ignored.
In the case of workmen, government authorities will make revisions in pay
scale as and when found necessary on the basis of economic statistics
Where the government concerned does not have the practice, the organization
shall do the revision periodically.
Tax Recovery at Source, its Payment into Government Account and Giving
of Certificate
Under legal obligation, the organisation, as the employer, will deduct at
source from employees’ salaries and wages, due amounts of income tax,
profession tax and any other prevailing tax on employment and income. The
organization is not authorized to set off employees’ financial loss on business
or on any other account against the income from salaries and wages and thus
grant relief in tax. But at the same time, if any employee declares any other
taxable income which has not been taxed, the organization shall deduct tax
on such income also, Tax deducted at source must be paid into government
treasury in the prescribed manner within the due date. Relief other than what
employers are legally authorised to give as @ deduction from taxable income
from employment should be claimed by the employees concerned from government
income tax officer of the appropriate jurisdiction in the manner prescribed by
income tax law. Filing of personal tax returns is the individual responsi-bility
of employees. The organisation shall remind them of this and give tax deduction
certificates to everyone in duplicate, one copy for filing with income tax return
and the other for the employee's own record. The organization shall file
monthly challans for tax paid and a yearly return giving the account of
deductions made at source and payments made to government account.
Advance Against Pay
Advance against pay shall be granted only in real emergency. Drawing of
advance against future pay to meet current living expenses will upset the
personal budget of the employee concerned, the ripple effect of which will
continue till recoveries are completed. For certain specific financial requirements,
the employees may be advised to take non-refundable loan from their provident
fund accumulations.
Depending upon liquidity position, the organisation may grant advance equivalent
to a half month's pay once in a year or a full month's pay once in two years,
to those employees who have put in continuous service of one year or more.
29NICMAR
Minimum monthly recovery shall be ten per cent of the monthly pay, unless
a lower rate is agreed to with head office approval.
Social Security at Site
To start with, the organisation shall comply with the statutory requirements
of employees’ social security schemes like provident fund, pension scheme,
insurance under Workmen Compensation Act and gratuity. Later on, when
paying capacity increases, tax-favoured additional schemes such as group
insurance and superannuation may be introduced for the better morale of
the employee.
For schemes required to be implemented statutorily, eligibility also is prescribed
in the relevant statutes. For example, under law Deposit Linked Insurance
and_ gratuity needs to be paid only to those employees who have completed
a minimum continuous service of five years. For other schemes such as
superannuation which is partially covered under Provident Fund law, the
organisation may determine a long period scheme so that people stay with
it with greater sense of security, especially the middle and higher managerial
persons. The organization shall have the right to form its own private trust
for various social security schemes in consultation with and with the approval
of "Head Office” and the income tax authority, to administer all types of
employees ‘welfare’ schemes. Every trust must have a trust deed approved
by the authorities concerned including the income tax authority. Advantage
of private trusts is that employees will get faster service and funds of
employees’ and company are invested for better returns. It is legal requirement
that benefits should not be less favourable than the schemes administered
by the government schemes.
Review Questions
1. What is salary structure? How is it designed?
2. What are the labour laws regulating payment and minimum wages in
establishments? Give details of provision in these laws.
3. What is the role of incentives? Discuss various types of incentives
available to employees working in construction companies and firms
30LESSON 7
OTHER COMPENSATIONS
SUMMARY
This chapter details a list of compensations and welfare benefits to workers. Benefits
in cash and kind are given by many organizations to atvact and retain talent for the
best interest of the company. It is also due to the nature of competitive labour market.
Good operatives, skilled workers and effective executives are not readily available.
Further, as a result of collective bargaining and to keep a peaceful and committed labour
force happy, @ good number of managements go on adding more and more benefits
and welfare schemes in their growing companies. L.T.A., conveyance and transport
allowance, medical reimbursements, shoes and uniforms, education subsidy for employees’
children and many other gifts and awards are introduced to make people proud of their
companies.
INTRODUCTION
The organisation shall always be interested in the quality of living and welfare
of its employees. Considering the hardships of under-developed project sites
where construction employees work and live, they shall be given more fringe
benefits than those given to head office staff and other junior employees.
Some benefits and other payments commonly paid at sites and also in offices
of the construction companies are discussed below:
Conveyance/Transport Allowance
While permanent members of the staff shall be transported to and fro
between site and residence to and fro in the organization's vehicies, temporary
junior staff and workmen shall be liven bicycles or a reasonable amount of
cycle allowance. Depending on site conditions and distance involved, subsidised
conveyance may be provided. For scooter/motor cycle/car enhanced allowance
can be admissible provided the entitled officials own vehicles in their own
name and maintain in good condition and use for official out-door duty also.
They must possess a valid driving license.
Professional Pursuit Aliowance
This allowance is granted for encouraging the academic research and other
professional pursuits leading to updating the knowledge of managerial personnel
and meking them more proficient in their jobs. The rate of reimbursement
of PPA is on discretion of the management. This is mainly for managers and
engineers both at sites and head office.NICMAR
Leave Travel Assistance (LTA/LTC)
Medical Benefit (Rei
The LTA is applicable to all categories of confirmed employees only.
In case the employee is confirmed in the next calendar year, he will be
paid LTA for the last year on pro-rata basis along with the LTA of current
calendar year with effect from the date of joining.
The LTA facility can be availed by the employees during a calendar year
as per rules made and modified from time to time for each category of
employees through Office Orders/Union agreement.
LTA can not be carried forward and automatically shall lapse if not availed
in the calendar year in which it falls due. However, the Divisional Head
may permit to avail LTA upto March 31 for which prior approval is
necessary and shall be put on records.
LTA will be paid upto an amount not exceeding one month's basic salary of
the manager. The supervisory staff can be paid equal or less than managers.
In case of workmen it can be as per terms of the mutual agreement.
The employees of senior managerial category have the option of availing
the LTA upto two months basic salary limit twice in a block of four years
commenced from calendar yeat 1998 onwards. This perk is governed
strictly by Govt./I. Tax Rules.
An eligible employee, wishing to avail of LTA will furnish in duplicate
all relevant particulars on the prescribed form within 7 days prior to
proceeding on leave, to the personnel department through his departmental
head duly sanctioned with pay accumulated E/L of the last year.
The personnel department will process the case and convey the decision
to the applicant accordingly.
If after availing LTA an employee leaves the service of the company
during the same calender year or period of service is short of a full
calendar year LTA amount will be allowed on pro-rata basis only.
The top and senior managerial personnel who have been provided Co.'s
Staff Car will bear themselves the petrot expenses if the vehicle is used
during L.T.A. period.
bursement of expenses)
In some companies employees who are not covered under any statutory
medical scheme in their HO, permanent staff are offered medical
reimbursement. This reimbursement is a sum equivalent to but not
exceeding one month's basic salary in a year. This reimbursement is
towards medical expenses incurred on self and dependent family members.
In some companies medicare scheme is also extended to the employer
and their family members. The family means self, spouse, dependent
32NICMAR
children, dependent unmarried brothers and sisters and dependent parents.
The employee will declare his/her dependents on the prescribed form at
the time of joining the service.
The medical expenses include OPD, domicillary visits, hospitalization,
diagnostic and investigative services, purchase of medicines on prescription,
dental and ophthalmic care. Purchase of a mediclaim policy is also
permissible as medical expense.
The medical treatment will be taken from a qualified and Registered
Medical Practitioner of employee's choice in any system of medicine.
The claims for reimbursement will be made upto the 7th day of the
following month, The claims will be made on the prescribed forms which
will be submitted to the Personnel Department.
The Personnel Department will register the claims, and get them processed
with the Accounts Department.
The unavailed amount of Medical reimbursement will automatically lapse
after the end of a financial year.
G.E.T's, Management Trainees and other employees who are not covered
un-der E.S.I./Workmen Compensation Act and are getting salary on
consolidated basis, wit! be entitled for 15 days ° salary in a year towards
reimbursement of medical expenses.
Good Attendance Incentive
Attendance Incentive is given for good attendance only to W category
of employees. It is paid at a certain rate which can be divided in two
Parts of 15 days each, i.e., fortnightly basis.
In case an employee has full attendance in both the fortnight of that
month, he is entitled to full amount of incentive for that particular month.
In the event of lateness, any type of absence/leave in any of two fortnights,
the employee shall lose this incentive for that very part of the months.
Incentive for Family Planning
An employee undergoing Tubectomy or Vasectomy Operation of self or
spouse gets an incentive for family planning at the rates as may be fixed
by management.
- 2 children (male or female) Rs.
- 3 or more children Rs.
Such an employee is also granted a special casual leave of 6 days only.
Additional leave can be considered on advice of the operating Medical
Officer for self operation only
This incentive is over and above the incentive paid under the Family
Planning Schemes of the government or any other agency.
33NICMAR
Uniform /Shoes to Workmen
As per standing decision of the management or a mutual settlement with
their workmen, the permanent workmen of W category are provided Uniforms
and one pair of shoes every year. To maintain discipline and uniformity at
all Divisions, the Company policy cab be to provide identical Uniforms to
the workmen and other eligible category of employees - like Peons, Drivers
and Security men. It has to be ensured that employees wear uniform while
alt work/duty and it is desired that uniforms are issued in one lot. Individual
personnel departments can decide the date of distribution in consultation
with their workmen. Some categories of workmen such as watchmen,
drivers, office hands and peons may be given monthly washing allowance
as may be fixed by the management.
The Uniforms Pattern/Specifications
Category ‘A’ : Workmen and Sanitation Workmen
It is not a legal requirement. Following is only an example of a medium size Company.
a. Summer Uniforms:
- Pair : 2(Two) - 2 pants, one half sleeve and one full sleeve
shirt with Company logo.
= Cloth : Binny Shade No. 8818, or other available, 2.75
meters for full Shirt Uniform and 2.5 Mtrs. for Half
Shirt Uniforms
- Colour : Gray, Shade No. 8818 or any other available.
- Stitching : To be decided by the Personnel Adm. Departmen:
after approval from Chief Manager.
b. Winter Uniforms:
Jersey (Pull Over) One Pull over to be issued in September/October for
two or three years.
Category 'B' Peons, Office Hands/Drivers etc.
a. Summer Uniforms : 2 pairs as in case of workers with 2 pockets with
cover. Flaps on Shoulder and Company Logo.
b. Winter uniform
- Jersey (Pull over) : One Jersey for two winters
- Pant-Coat : One pant-coat for three winters.
- Colour :Navy Blue or any dark colour
- Socks :2 pairs in a year.
Category ‘C’ Security Staff
Security staff uniforms and shoes will be specified by Head Office in consultation
with Site Administration/Security incharge.
34NICMAR
Education Allowance
This allowance is given to the student children of the employees on the following
basis, subject to 2 children student at a time in case they study in local or nearby
school, The management may render assistance for making schooling facility
available to employee children in local or nearby school around.
Class/Standard Rs. per quarter
{as may be fixed)
Nursery to IV th
Vth to Vilth
IXth to Xth
Xith to Xllth
In case the student children of the site/project employees live away in a far
off place in a hostel or with some relation they can be entitled to the Children
Education-Cum-Hostel Expenses Allowance for their school going children at
a enhanced rate which is admissible to only those personnel who live at or
near project site along with families and their children study away in the
cities. The reimbursement of this allowance shall be subject to a maximum
limit per month per child upto a limit of two children only, on submission
of appropriate bills to the satisfaction of the management.
Canteen Services/Subsidized Or Free Tea To Employees
Whereas it is as per laws or otherwise the company provides a Canteen run
by a Canteen Contractor to provide meals and snacks to the employees on
subsidised rates, The furniture, utensils and other kitchen equipment are
provided by the management. The management pays subsidy to the contractor
as per negotiated terms from time to time. The list of subsidised rates for
tea, snacks and meals is fixed by the management in view of the cash subsidy
at respective place. Workmen can be provided subsidized tea at a concessional
rate at their respective working place. Free tea is supplied to managerial and
supervisory category of employees twice during the day.
Recreation Clubs
The site management can help and motivate the employer to form Employees
Club for W. categories of employees and Staff Club for 'S' and 'M' categories
of employees. Both the clubs cater to the recreational, sports and excursional
needs of their respective members. Both the clubs can have separate constitutions
and Bye-laws and the election held as per rules framed therein. However,
the management can nominate Presidents from managerial personnel. The
contribution for membership can be Rs. 5.00 and Rs. 10.00 for Employees
35NICMAR
Club and Staff Club respectively and a matching contribution can be paid
by the management.
Credit and Thrift Society
To cater to the financial needs in the form of easy loans for their members
the society with a constitution and elections for its Managing Committee
in a democratic fashion. Every employee contributes a sum of Rs. 30.00 per
month towards society saving fund on which 12% per annum simple interest
is added at the end of the year. The fimit of the loans is decided by the
Managing Committee of the Society as per bye-laws and their own available
resources. The objective of society shall be to grant loans on reasonable
interest to the members to purchase plot for residence, for construction of
house, self-marriage, any dependents marriage or for any other contingency
of unavoidable nature and further the society can evolve a scheme for the
benefit of the Employees under which on the event of retirement or death
an amount is given to the employee's nominee. The funds for this scheme
accumulate from the monthly membership subscription of Rs. 2.00 per month
of the society and the matching contribution by the management.
Cash Gift On Daughter's Marriage (Kanyadan) By The Management
The company can have a policy to give a cash gift or some amount on the
occasion of the daughter's marriage of an employee upto two daughters only
The gift is a privilege and not a right. The management may at its discretion
can deny this Gift on verification, if the marriage is found irregular and
avoidable as per laws and social norms. This practice can be for self marriage
or son's marriage also.
Long Service Awards
The organisation can give long service awards to the employees having
completed various lengths of service in the company. Befitting awards can
be considered as per the schedule given below:
6 years service -
10 years service -
15 years service :
20 years service :
25 years service 2
The above said awards for long service can be given twice in a year on the
occasions of pooja/Diwali or any big festival at site.
36NICMAR
Dispensary
The organisation shall provide dispensary at its sites to cater the first-aid
needs of employees. The dispensaries are under the charge of personnel
department through a Qualified R.M.P. In addition to the first-aid facilities,
certain medicines are also available in case of sudden sickness of employees
while on duty. Depending upon number of employees that can be on obligatory
and statutory requirement also and even an ambulance van may be required
where more than 250 workers are working at the site.
Housing Accommodation
All employees of construction site shall be either provided with moderate
housing accommodation and use of furniture free of charge or can be paid
house rent allowance as a percentage of pay, linked with cadre and grade.
They shall pay for actual electricity consumption at a concessional rate, when
they avail themselves of the accommodation provided by the organisation.
Review Quest
ns
1, Enumerate statutory and non-statutory welfare measures at site and HO
of an organisation. How are voluntary schemes beneficial for the company
and its employees.
2. Is employees’ participation necessary for all welfare programmes? How
shall you involve them ?
3. Why do managements give fringe benefits and various other payments
instead of a big basic pay?
4. What recreational and other such activities will you suggest for your site?
Are they useful?
37LESSON 8
LEGAL MANAGEMENT OF DISCIPLINE
SUMMARY
The management tries to develop a culture of positive discipline but there could
be a few employees who would not conform to the norms of behaviour and desired
conduct as per standard practices and standing orders of the organisation. Repeated
acts of misconduct and willful insubordination or disobedience to any lawful orders
of the superiors and acts of fraud, dishonesty and related malpractices at site
warrant disciplinary action. Disorderly and riotous behaviour is also a major misconduct.
A site manager in consultation with company personnel department of a labour law
specialist has to initiate action, as per law and procedure.
Malpractice And Other Misconduct At Site - Disciplinary Action
The organisation shall attend to all its employee grievances with a sense of
understanding and try to redress grievances speedily. It shall not introduce
or follow any unfair labour practice. At the same time, it expects every
employee to be absolutely disciplined and devoted to the organisation.
Action shall be taken for all types of misconduct. In such action, the
organization shall observe the principles of natural justice.
People who want to indulge in malpractice with a view to misappropriating
will find a way everywhere. The most common malpractice of construction
sites are mentioned below, Here is a longer list of misconduct in the Certified
Standing Orders/Model Standing Orders:
Ghost-labour account is carried in the muster roll and the non-existent labourers’.
. Wages are misappropriated and shared by the persons indulging in it.
iii, False overtime hours are allowed to workmen with the understanding of
sharing the wages.
iv. Incompetent workers are recruited after taking money from them secretly.
v. Underhand sale of tools and costly consumables are made from site store
to other contractors working in the same area at low rates and the sale
proceeds shared.
vi, Excess rates measurement and extras are given to subcontractors on secret
vii. Understanding to share the benefit thus harming Company's interest.
vii. Inflating the expenses on repairs to vehicles and equipment.
ix. Drawing and selling petrol, oil and lubricants to outsiders stealthily.NICMAR
Organisation employing more than 60 workers have a disciplinary code, called
certified standing order. Where there is no such code, model standing orders
of the state are applicable, the organisation shall practice the below mentioned
procedures:
Step 1: A written report by the immediate superior of the employee who
has committed the alleged misconduct. Such report shall be addressed to
the Chief Manager through Personnel Officer.
Step 2: The Personnel Officer collects full facts of the case and also studies
the previous records of the employee involved in the allegation before
forwarding the report to the Chief.
Step 3: A preliminary enquiry is ordered by him which is conducted by
Personnel Adm. Office or his nominated representative. The purpose of such
an enquiry is to ascertain the truth in the complaint and to decide if
disciplinary action is necessary. Statements may not be recorded formally.
Only some fact-finding, questions may be asked to the employee complained
against and to the eyewitness, if any. The preliminary enquiry shall be
conducted, as soon as possible, after receipt of the report of misconduct.
If Chief Manager decides not to proceed with further action, he shall record
so with his reasons and inform the supervisor of the decision.
Stage 4: If the Chief Manager decides to proceed with disciplinary action,
then the next step is a charge sheet prepared by Personnel Adm. Department.
The scope of the charges mentioned in the charge sheet can never be
enlarged at any stage after issuing the charge sheet.
The charge sheet shall be served either by delivering it personally to the
employee under his acknowledgment, or, if he is absconding, by posting it to
his last known postal address under certificate of posting with a copy displayed
on the notice board at the site office. If he refuses accepting of the charge
sheet, it must be pasted on the notice board with witness for refusal.
When the employee's reply to the charge sheet is received, the following
points shall be observed:
- Write on the reply the date and time of its receipt.
- forward it immediately to the authority issuing the charge sheet.
- earefully examine it vis-8-vis the charge sheet.
- it should bear the signature of the employee involved and not that
of another person or representative on his behalf.
If the charge sheeted employee admits the charges, appropriate action shall
be taken viewing the gravity of the charge.
39NICMAR
Suspension: While charge-sheeting, if the charges are grave, the employee
should be suspended. If he is suspended, a statement setting out in detail
the reasons for such suspension shall be supplied to him within a week. In
the event of such suspension, subsistence allowance shall be paid to the
at the rate of one half of the basic wages and other compensatory allowances
to which he would have been entitled, if he were on leave with wages. (This
applies only to the first 90 days of suspension. Beyond 90 days the rate
shall be three fourths).
In the event the employee is acquitted of the charges leveled against him,
the remaining wages shall be paid. If the employee is dismissed, the subsistence
allow-ance already paid shall not be recovered from him.
Step 5: If the superior officer or Personnel Officer is not satisfied with the
explanation given by the delinquent employee to that effect he submits a
report to the punishing authority who, at job site, shall be the Chief Manager.
Step 6: The Chief Manager then orders that a domestic enquiry be conducted
into the alleged charges. This shall be recorded in writing either on a note
sheet or on the letter of explanation of the employee. Even when the
employee refuses or fails to give a written explanation, a domestic enquiry
shall be held.
Step 7: A notice of domestic enquiry is served to the accused employee.
in the same manner as the charge sheet. Copies of the inquiry notice shall
be served also the complainant and the management witnesses, if any.
Lawyers shall not be allowed in domestic inquiry.
Step 8: An Enquiry Office (E.0.) is appointed by the punishing authority.
His appointment order must be in writing. A copy of the notice of enquiry
and all the previous papers shall be sent to the E.0. who shall never be the
complainant himself. If no competent is there within the Organisation, then
an outsider with an appropriate education and experience may be appointed
to conduct an independent enquiry. The E.0. must be a person of balanced
judgment who knows how to conduct an inquiry, but need not necessarily
be a person with a legal background, A single inquiry can cover more than
once accused employee. involved in the same incident of misconduct.
Step 9: Inquiry proceedings.
The E.0. shall :
- conduct the inquiry exparte, if the accused employee refuses to attend
the enquiry
40NICMAR
- give full opportunity to the accused. if he is present, to cross examine
management witness and defend himself
= record the commencement and closure of the enquiry proceedings in
running sheet after putting date, time and attendance of the parties
- write his name using the title "Enquiry Officer" among the persons present
If the accused employee attends the enquiry, along with a colleague to assist
him, the E.O. shall get every relevant part of their statements signed by both.
Every page of the proceedings and all corrections should be signed or initialed
on the margin by parties giving their statements and by the E.O. himself.
He shall note the date and time of the enquiry and also the names of those
who are present, especially the accused. The E.0. need not write the names
of the witnesses among those present because witnesses are to be kept away
and called only when needed for examination and/or cross examination. He
needs to write the names of the accused employee's colleague, if one
present, the complainant and the representatives of the management. But
while recording evidence, he shall write the details of the witnesses and
obtain their signatures, separately.
Step 10: The E.O. submits his resort in an unbiased manner to the punishing
authority. The E.0. must also submit the exhibits and proceedings along with
his report. It is expected of the E.O. to give also a concluding remark on
the findings of the enquiry, suggesting the action to be taken by the
punishing authority, that is whether the employee should be acquitted of the
charges of punished and whether punishment should be in the form of a fine,
warning, stoppage of increments, dismissal or any other form of punishment.
Step 11: The punishing authority decides on the report. He may or may not
consult head office or the local government labour officer. If the charges
are not proved, the accused employee shall be immediately reinstated with
full attendance which will qualify him to receive payment of the balance 50%
or 25% wages and allowance, as the case may be.»
Step 12: If the charges are proved, the decision of the punishing authority
is intimated in writing to the employee. Punishment intimation shall be
delivered in the same manner as the charge sheet.
Notice to Employees and Statutory Authority
Notice either in accordance with the relevant statutory provision or as
stipulated in service conditions shall be given to employees. The organisation
reserves to itself the right to give notice pay instead of notice to an employee
atNICMAR
on retrenchment. For termination following offence, notice is not necessary.
For automatic termination at the end of a specific term of employment, no
notice needs to be given.
While endeavour shall be made to serve individual notice, in the event of
a mass retrenchment, a notification listing out all the names, on the site office
notice board will suffice.
Notice of retrenchment shall be served in the prescribed manner to the
appropriate government authority who is usually the secretary to the local
government for labour and employment.
Employees’ Entitlements on Termination
For termination following offence, employees shall be entitled to the wages
and allowances earned, encashment of privilege leave and the contributions
to long-term social security funds. Payment of ‘employer's contributions’ to
the funds will depend on the terms and conditions stipulated in the relevant
deed or rules.
For both retrenchment and termination on expiry of specific term, employees
shall be entitled to retrenchment compensation for loss of employment as
provided for in the relevant Industrial Disputes Act or National Labour Relations
Act or National Working Rule Agreements. Such compensation shall be besides
the dues as per service conditions and contributions to social security funds.
Special Condition when a Dispute is Pending
When a termination following offence is to take place, if an industrial dispute
between the organisation and the employees including the terminated employee
is pending for conciliation or adjudication, the organisation shall seek the
permission of the authority before which the dispute is so pending, in the
prescribed manner, but before receipt of such permission, the termination shall
be given effect by payment of an extra month's wages to the affected employee.
Settlement of Account
Final settlement of any terminated employee's account shall be made within
two working days of expiry of notice period. For calculation of final settlement
dues, the average of the past three months’ pay shall be the monthly rate
to be considered.
Re-employment of Retrenched Employees
If the organisation happens to recruit men after a retrenchment and if any
42NICMAR
re-trenched employee of the same trade, skill and grade applies, such employee
shall be given preference. If the number of posts are fewer than the number
of applications from retrenched employees, decision shall be based on seniority
in the previous phase of service. Record of conduct during the previous phase
shall also be a point of consideration for re-employment.
Review Questions
What do you mean by disciplinary action? Why is it necessitated?
What are the various types of major misconduct as per standing orders?
What are the steps and phases involved in a disciplinary action?
Pen
What do we mean by principles of natural justice? How will you relate
them to disciplinary action including domestic enquiry and passing of
orders on a charge-sheet?
43LESSON 9
DEALING WITH TRADE UNIONS
SUMMARY
Over the years, the master and servant relationship between owner and worker
has evolved into employer-employee relationship. The change is significant in many
ways. The relationship is not one sided. It is based on reciprocity. Trade unions
despite their shortcomings have come to stay and work as pressure groups.
Managers have to learn with unions. With a radical change in work culture and
social awareness management have to be transparent. The success of TOM and
process of collective bargaining entails certain rights to both the parties. Conflict
is inevitable in industrial life. Ways and means have to be found to think and act
proactively because industrial relations also form an integral part of the important
objectives of an organisation.
INTRODUCTION
In establishments where men and women sell their services, trade unionism
is @ natural and universal phenomenon. Human resource is not an ordinary
resource. It is an asset also. Social awareness and changing values of
management have made them realistic and pragmatic.
As a matter of fact, if the organisation practices justice and fair play, as
it should, in its dealings with employees, individually and as a whole, the
employee will not be interested to embrace unions or associations. However,
if employees want to join unions or form associations, the organisation shall
not view them with displeasure. Well meaning trade unions and staff associations
can be of immense help to the organization in matters like: achieving better
productivity, disciplining the employees, guiding them in rational thinking and
conducting reasonable negotiations with management. As far as possible,
the organisation shall encourage the employees' members and site management's
representatives. Such works committees, the formation of which is generally
envisaged in labour laws shall discuss and resolve all grievances, disputes
and productivity problems.
Works Committees will have the advantage of keeping the employees away
from the clutches of unscrupulous politicians who infest trade unions.
In some countries, trade unions are banned (example, Gulf countries), in some
others, trade unionists have no right to strike work (example: Britain) while
in a few others, union membership is compulsory (example: USA). Therefore,
if the Organisation takes up work in a new country, that country's labourNICMAR
laws shall be studies, be-sides consulting a legal counse! well-versed in labour
laws there.
Recognition
The organisation shall not have any objection to recognise any trade union
which has the specified number of membership of its employees and which
statutorily proves other criteria prescribed for recognition. However, such
union should not be one whose entry into the site has been banned by the
owner for unlawful conduct.
Election Arrangements and Organisation's Involvement
The organisation shall guide the employees and participate in the election
of members and office bearers of work committees. Similarly, the organisation
shall co-operate with the employees in union election. Election should be
arranged without any adverse impact on normal work schedule.
Standing Orders and Their Notification
Standing orders are the set of general regulations governing workmen's
employment conditions - whose contents are more or less the same as those
of a personnel manual. The organisation shall have the choice of either having
its own standing orders certified by the appropriate government authority
or following, as is allowed by law, the model standing orders or code of
practice issued by the government of the country of operation. Most of the
construction companies’ practice is to have a personnel manual which would
practically cover all aspects of employment of both staff and workmen and
then follow the model standing orders in regard to matters not covered by
the personnel manual. The better of the two shall be adopted in every matter.
Generally, provisions in personne! manual are better.
Where separate standing orders are certified and adopted, their copies shall
be given to the workmen for their information and guidance. Also one copy
shall be displayed on the site office notice board.
Disputes
An individual employee or all employees of an establishment together might
raise a dispute when there is some unredressed grievance or an unfair action
taken by the management. Disputes shall be in writing addressed either by
the recognised union or by the workmen under their signatures, to the
construction manager, with a copy to the local government labour officer
who is the "conciliation officer” appointed by the government. It may be
in the form of a "demand-cum-strike notice". It might say that unless the
45