Assignment on Web of Rules and Ideologies of Industrial Relations & Trade Unions

The rules are broadly grouped into 3 categories:  Rules governing compensation in all its forms. and historical context:  Constitutional and legislative framework. including rules of discipline for failure to achieve these standards. The actors set rules. and gazette notifications. But India is unlikely to get into such a utopian situation (from labour's point of view) in 2 . employers can go out of their way to befriend labour. In places here the demand for labour is much more than its supply. SOURCES OF RULES These rules originate from different sources such as the following and are shaped by their legal political. economic. social.  The duties and performance expected from workers. These are considered the centre of attention in IR system. managers and their associations representing 2nd category and government in 3rd category constituting the civil servants concerned with administration of labour matters . these may be : trade unions and workers representing one category. employers. Employer calling the shots can breed exploitation. the legislation. It is important for both managements and trade unions to abide by the Constitution.  Single party: Unilateral.RULE-MAKING AND INDUSTRIAL RELATIONS The network of rules is one of the outputs of industrial relations. International Labour Organization is also responsible for these rules which reflects that universal and long lasting peace can be established only if it is based on social justice. and  Rules defining the rights and duties of the workers.

 Three parties: tripartite accords. Here both the parties of employers and the employees( or their unions) set rules by collective agreement. Tripartism includes the government. Collective bargaining is a process of negotiations between employers and a group of employees aimed at reaching agreements that regulate working conditions.the foreseeable future.  Third party: arbitration/adjudication. unilateral rule-making is anathema from labour's point of view  Two parties: Collective bargaining. 1947. Because of their moralistic tone. they are usually adopted without much questioning . health and safety. In India 8 Industrial tripartite committees are created and these are nonstatutory in nature. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales. grievance mechanisms. Usually these are non-binding statements. The government's discretionary powers make adjudication processes suspect in some cases. except those signed under Section 19 of the Industrial Disputes Act. they can be taken lightly. training. overtime. and rights to participate in workplace or company affairs.or critical appraisal of implementation issues. Since their non-compliance often entails zero consequences. workers’ representatives and employers’ organization that consult each other on matters of labour related issues. Therefore. It includes the process of 3 . India does not have a proper system for arbitration. working hours.

industrial or otherwise. living wages.arbitration. Industrial tribunal and the labour courts. education. human conditions of work. public assistance in case of unemployment. provided there is balance of power between the parties. maternity relief.making. conditions of work ensuring a decent standard of life. Collective bargaining is considered the ideal form of rule. equal pay for equal work for both men and women. Grey areas: These are areas where there are no fixed rules. The Directive Principles of State Policy place on the Government the responsibility of “ securing by legislation or economic organization or by any other way. The rules provide for cooperation and conflict and lay down the policies. ROLE OF GOVERNMENT Today industrial relations in India stand highly regulated by State.”. sickness. disablement and participation of workers in management……. Union recognition is one such area. work. The fundamental nature of employment or industrial relations is also influenced by the structural conditions in which managements and workers/their trade unions find themselves within a society. old age. procedures. and practices concerning work place relations. to all workers. conciliation and also the process of adjudication that includes the National tribunal. Part IV Directive Principles of State Policy: The following directive principles are important in context of Industrial 4 .

c. men and women. and shall. on a basis of equal opportunity. that the citizen. by suitable legislation or schemes or in any other way. that the health and strength of workers. have the right to an adequate means of livelihood. and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. d. that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. direct its policy towards securing a. e. 5 . b. to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. in particular. that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. provide free legal aid. Article 39A {Equal justice and free legal aid} The State shall secure that the operation of the legal system promotes justice. f. in particular. Article 39 {Certain principles of policy to be followed by the State} The State shall.relations. that there is equal pay for equal work for both men and women. men and women equally.

Article 43A {Participation of workers in management of industries} 6 . and in other cases of undeserved want. by suitable legislation or economic organisation or in any other way. conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and. a living wage. to education and to public assistance in certain cases} The State shall. work. Article 43 {Living wage. for workers} The State shall endeavor to secure. Article 42 {Provision for just and human conditions of work and maternity relief} The State shall make provision for securing just and humane conditions of work and for maternity relief. make effective provision for securing the right to work. industrial or otherwise.Article 40 {Organisation of village panchayats} The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. etc. to all workers agricultural. to education and to public assistance in cases of unemployment. Article 41 {Right to work. within the limits of its economic capacity and development. old age. sickness and disablement.. the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. in particular.

The notion of fairness becomes relative when one considers. individualism and collectivism.. and transparency. power to influence others to satisfy one’s needs 7 .power to reward .Reference power due to personal attributes i. The concept of fairness is utilitarian when one goes by what the majority accepts . and integrity. establishments or other organisation engaged in any industry BASIC CONCEPTS AND VALUES The basic concepts and values that govern sound industrial relations are: equity and fairness. power and authority. Equity and fairness are used synonymously in industrial relations. by suitable legislation or in any other way. These concepts and values are kept in mind while developing the rules:  Equity and Fairness: Equity refers to equal treatment to one and all under comparable circumstance.e. Power and Authority: Power is the ability to influence. the use of force.e..The State shall take steps. impose. to secure the participation of workers in the management of undertakings.The . power to punish . It implies. trust.Position power due to the position or status of the person . or control.  .Power to coerce others i. Power may emanate from six major interrelated aspects: . The concept of fairness is an objective when one applies a technical yardstick like market forces or job evaluation.whether or not -one is getting a fair share of pay in relation to what others with similar qualifications and experience are receiving..

etc. and Transparency: Integrity is adhering to what is professed. Likewise he or she should have the right not to join a union (Individualism).Individualism and Collectivism: The fundamental basis of a democratic society is the freedom of the individual. Trust is established between and among people. Collectivism helps an individual to be heard. employers organizations/ chambers of commerce. openness in communication. Transparency is promoted through sharing of information. or experience .Associational power through membership in trade unions. Trust. collectivist basis may negate or limit an individual's freedom. In an employment relationship. For an organization to work effectively these values and concept are very important. -------. knowledge.  ----. between what is said and what is done or walk the talk and talk the walk’. This can be promoted by efforts to bridge the gap. Ex.the grievances of individual employees are not heard by the management but collectively when they are members of some trade union they can put forth their needs and force the management to satisfy them. if any. networking/ coalitions. and willingness to explain and reason out the motives behind decisions and actions.Expert power due to one's access to information..  Integrity.An individual should have the right to join a trade union (Collectivism). 8 . Authority is the right to expect and command obedience.

These are: Unitary Perspective In unitarism. The emphasis is on good relationships and sound terms and conditions of employment. towards the shared mutual goals. thus working together. From employee point of view.Ideologies of Industrial Relations Industrial relations scholars have described three major frameworks of perspectives which contrast in their understanding and analysis of workplace relations. and all members of the organization share the same objectives. discretion in problem-solving. creativity. This helps in empowering individuals in their roles and emphasizes team work. Trade unions are deemed as unnecessary and conflict is perceived as disruptive. Employees should feel that the skills and expertise of managers supports their endeavors. unitary approach means that: 9 . Furthermore.     From employer point of view. unitary approach means that:  Working practices should be flexible. If a union is recognized. Individuals should be business process improvement oriented. viewed as one happy family. innovation. hand-in-hand. A core assumption of unitary approach is that management and staff. quality and improvement groups etc. multi-skilled and ready to tackle with efficiency whatever tasks are required. the organization is perceived as an integrated and harmonious system. Employee participation in workplace decisions is enabled. its role is that of a further means of communication between groups of staff and the company. interests and purposes. unitarism has a paternalistic approach where it demands loyalty of all employees.

Pluralist Perspective In pluralism the organization is perceived as being made up of powerful and divergent sub-groups . They should anticipate and resolve this by securing agreed procedures for settling disputes. Line managers should take ownership of their team/staffing responsibilities. Trade unions are deemed as legitimate representatives of employees.from the perspective of the unitary framework . Staff-management conflicts .are seen as arising from lack of information. inadequate presentation of management's policies. This approach sees conflicts of interest and disagreements between managers and workers over the distribution of profits as normal and inescapable. Reward systems should be so designed as to foster to secure loyalty and commitment. Conflict is dealt by collective bargaining and is viewed not necessarily as a bad thing and if managed could in fact be channeled towards evolution and positive change.Realistic managers should accept conflict to occur. Consequently.      Staffing policies should try to unify effort. the role of management would lean less towards enforcing and controlling and more toward persuasion and co-ordination. inspire and motivate employees.management and trade unions. There is a greater propensity for conflict rather than harmony. The personal objectives of every individual employed in the business should be discussed with them and integrated with the organization’s needs. The implications of this approach include: 10 . The organization's wider objectives should be properly communicated and discussed with staff.

11 .  Capitalists and workers would compete/be in contention to win ground and establish their constant win-lose struggles would be evident.  Capitalism would foster monopolies. It is concerned with the structure and nature of society and assumes that the conflict in employment relationship is reflective of the structure of the society. This perspective focuses on the fundamental division of interest between capital and labor. The firm should have industrial relations and personnel specialists who advise managers and provide specialist services in respect of staffing and matters relating to union consultation and negotiation. Comprehensive collective agreements should be negotiated with unions    Marxist Perspective This view of industrial relations is a by product of a theory of capitalist society and social change. Union recognition should be encouraged and union representatives given scope to carry out their representative duties.  Wages (costs to the capitalist) would be minimized to a subsistence level. Marx argued that:  Weakness and contradiction inherent in the capitalist system would result in revolution and the ascendancy of socialism over capitalism. Independent external arbitrators should be used to assist in the resolution of disputes. and sees workplace relations against this background. Conflict is therefore seen as inevitable and trade unions are a natural response of workers to their exploitation by capital.

Workmen and employer. to regulate relations between: .Workmen and workmen. whether temporary or permanent. discuss with management. Trade unions are formed to achieve the following objectives: Representation Trade unions represent individual workers when they have a problem at work. Negotiation Negotiation is where union representatives. Unions also offer their members legal representation. Pay.Trade Union and Industrial Relations Trade Union refers to a combination. Objectives of Trade Union Trade unions are formed to protect and promote the interests of their members. Normally this is to help people get financial compensation for work-related injuries or to assist people who have to take their employer to court. working  12 .Employer and employer And impose restrictive conditions on the conduct of a trade or business. he can ask the union representative to help sort out the difficulty with the manager or employer. Their primary function is to protect the interests of workers against discrimination and unfair labor practices. If an employee feels he is being unfairly treated. the issues which affect people working in an organization. and includes the federation of trade unions. Trade unions negotiate with the employers to find out a solution to these differences. or . There may be a difference of opinion between management and union members. or .

People can get discounts on mortgages.Most unions run training courses for their members on employment rights. promotion and transfer.   Member services During the last few years. like housing. o o Welfare benefits . In these organizations.hours. retrenchment.As well as offering legal advice on employment issues. some unions give help with personal matters. but also by the management’s personal policies which include selection of employees for lay offs. holidays and changes to working practices are the sorts of issues that are negotiated. health and safety and other issues. the intervention of unions in such decision making is a way through which workers can have their say in the decision making to safeguard their interests. These policies directly affect workers. wills and debt. o Financial discounts . unions are said to be recognized for collective bargaining purposes. insurance and loans from unions. These include: Education and training .One of the earliest functions of trade unions was to look after members who hit hard times. So. Voice in decisions affecting workers The economic security of employees is determined not only by the level of wages and duration of their employment. trade unions have increased the range of services they offer their members. The evaluation criteria for such decisions may not be fair. Some unions also help members who have left school with little education by offering courses on basic skills and courses leading to professional qualifications. o Legal assistance . Some of the older 13 . In many workplaces there is a formal agreement between the union and the company which states that the union has the right to negotiate with the employer.

unions offer financial help to their members when they are sick or unemployed.  14 .

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