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IR LL For Sem III For Students PDF
IR LL For Sem III For Students PDF
Industrial Relations :
Concepts, Nature, Evolution and Growth
• IR is about relationship
• The origin is in the relationship of employment
• Employer – Employee relationship pertains to all kinds of
organizations
• There are actors other than employer and employee who
influence the relationship
• The relationships are shaped by actors, structures, rules, law,
technology etc.
• The impact of social, economic, political and technological
features of the context on the shaping of these relationships.
• SCOPE OF IR:
• OBJECTIVES OF IR:
• Different at enterprise / unit, industry and National levels
• AT INDUSTRY OR ENTERPRISE LEVEL:
• Healthy relationship
• Mutual trust and understanding
• Dysfunctional conflict free environment
• Gain in productivity for mutual benefits
• Minimizing loss of man-hour due to accidents, strife or
absenteeism
• Reduced attrition environment
• Participative working on principles of industrial democracy
• Enhancing quality of life and work-life balance
LEGISLATURE
E Protective Performance /
Compensation
X
E
C Employees Employees
U and Groups WELFARE JOBS WELFARE and Groups
representing Representing
T Employees Employees
I
V
E Regulatory (Terms and
Regulatory (Rights) conditions of employment)
JUDICIARY
• 1. UNITARY APPROACH:
• Unity in structure
• Unity in purpose
• Having a single source of authority
• Having a cohesive set of participants
• HENCE :
• Only one source of authority : Management
• Single / Unified loyalty
• Prerogative of Management to make business decision and
employee related decisions.
Actors Bargaining
Conciliation
Arbitration
Lawmaking
Rules
Environmental
etc
Contexts
Ideology
Feedback
• The Actors
• Managers & their representatives
• Workers & their Organizations
• Specialized Government Agencies concerned with workers,
enterprises and their relationships
• The Context
• Technological characteristics of the workplace and work
community
• Product and factors markets or budgetory constraints that
impinge on the actors
• The ideology
• A body of common ideas
• Ideas that defines role and place of each actor
• Ideas each actors hold towards place and function of others in
system
• Ideology of a stable system – compatibility among all in the
system
Bottom Tier:
Workplace,
individual and
organizational
relationships
• 5. TRUSTEESHIP APPROACH
• 6. RADICAL APPROACH
• Created in 1919
• Fundamental Principles :
• Labor is not a commodity
• Freedom of Expression and of association are essential to
sustain progress
• Poverty anywhere constitutes danger to prosperity everywhere
• War against want requires to be carried on with unrelenting
vigor within each nation and by continuance and concerted
international effort in which the representatives of workers and
employers, enjoying equal status with those of governments,
join with them in free discussion and democratic decision with
a view to promotion of common welfare.
• Conditions of work
• Hours of work in:
• Industry, Mines, Road Transport, Commerce and Offices and
Other Establishments
• Weekly Rest
• Holidays with Pay
• Wages
• Protection of wages
• Minimum wages
• EMPLOYMENT OF WOMEN
• Maternity Protection
• Night work
• Employment in unhealthy processes
• Equal Pay
• HEALTH, SAFETY AND WELFARE
• Safety
• Industrial Hygiene and Health
• welfare
• SOCIAL SECURITY
• Workmen’s Compensation
• Sickness Insurance
• Invalidity, Old Age and Survivor’s Insurance
• Unemployment Provision
• EMPLOYMENT AND UNEMPLOYMENT
• Employment Offices
• Forced Labor
• Problems of Ratification:
• Member countries can be grouped as:
• Countries with Higher Labor Standards
• Countries having Federal Set-up
• Countries where subject matter of Conventions are regulated
by Collective Agreements; and
• Industrially Back-ward countries
• PHASE OF IR IN INDIA :
1. Pre- independence Phase
2. The protective phase (1947 – 56)
3. The consolidation phase (1956-65)
4. The conflict – ridden phase (1965 -1977)
5. The directionless phase (1977 – 1980)
6. The productivity - Efficiency- Quality-orientation phase (1981 –
1990)
7. The competitive phase (post 1990)
• BIPARTISM:
• A system of IR where social and labor issues are discussed
between Employee Groups (Trade Unions) and Employer/
Employers’ Groups (Management) usually at the Enterprise
level
• TRIPARTISM:
• A system of Consultations amongst three actors of IR:
• Employers, Employees and the State
• Can take place at either or both macro and micro level;
• A binding spirit of mutuality and reciprocity
• Tripartism is an important feature and cornerstone of the IR
system and Policy in India
• To give shape to this element of policy, a number of bodies
were created:
Prof. T.K. Goon 57
Industrial Relations in India
• Central Level:
• Ministry of Labor
• Central Labor Commissioner (CLC) and its offices in various
Regions (RLC) and ALC
• Conciliation Officers
• State Level
• Ministry of Labor
• State Labor Commissioner and ALC
• Labor Enforcement Officers (LEOs)
• Conciliation Officers
• Conciliation Officer
• ALC and RLC
• Board of Conciliation
• Labor Courts
• Regional PF Commissioner
• Commissioner under Employees’ Compensation Act
• Chief Factories Inspector under the Factories Act
• Authorities as prescribed under PoW Act, Minimum Wages Act,
Gratuity Act, Shops & Establishments Act, ESI Act, Contract
Labor Act etc.
• JUDICIAL MACHINERIES:
• District Court
• High Court
• Supreme Court
• Major Legislations:
– The Norris LaGuardia Act, 1932
– The Wagner Act, 1935
– The Taft Hartley Act, 1947
– The Landrum Griffin Act, 1959
• Participation rate:
• Proportion of people in labor force out of total cohort
population:
• In 1999-2000:
• 7.32% of labor force i.e. 26.58 million were unemployed
• TRENDS IN INDUSTRY:
• Profit and market leadership are prime drivers, not social
objectives
• Changes on market ad technology are throwing up newer
competency requirements
• Large employment opportunities in private sector
• Public sector employment faces stagnation and decline
• Government employment is practically NIL
• More opportunities in tertiary sectors
• Mutual insurance
• Collective Bargaining
• Legal enactment
• Direct action
• RIGHTS OF TUS:
• Organizational
• Economic
• Political-legal
• Welfare
• SPECIFIC TU FUNCTIONS:
• Internally Democratic
• Have a strong leadership and large follower ship
• Exhibit a responsibility towards their workers members
• Committed to promote industrial peace and harmony
• Inclined towards collective bargaining that is collaborative and
not competitive
• Possess financial security
• Adaptable to change
• Trade unions may be classified on the basis of purpose and the
purpose of membership
• UNION SECURITY:
• UNION SECURITY:
• CAN BE ACHIEVED THROUGH PRACTICES SUCH AS:
• Check-off system
• AITUC
• INTUC
• CITU
• HMS
• BMS
• CHECK OFF
• Means a system by which workers give in writing to deduct
union membership fees from their wages
• Neither TU Act nor Payment of Wages Act explicitly provides
for it.
• Not legal for employer to deduct union subscription without
members authorization and union’s request.
Prof. T.K. Goon 108
TRADE UNIONS IN INDIA
• CODE OF DISCIPLINE
• 15th Session of Indian Labour Conference (1957) laid down a
set of principles for maintaining harmonious inter-union
relationship:
• Every employee in an industry or unit shall have freedom and
right to join the union of his/her choice.
• No coercion shall be exercised in this matter.
• There shall be no dual membership of unions
• There shall be unreserved acceptance of and respect for the
democratic functioning of TUs
• There shall be regular and democratic elections of executive
bodies and office bearers of TUs
• Ignorance and backwardness of workers shall not be exploited
by an organization.
• CODE OF DISCIPLINE
• No organization shall make excessive or extravagant deamnds
• Casteeism, communalism and provincialism shall be
eschewed by all unions.
• There shall be no violence, coercion, intimidation or personal
vilification in inter-union dealings.
• INTERNAL CHALLENGES
• Low Membership Density – Formal and Informal Sector
• Declining Union Membership
• Reprentativity – AITUC, CITU, INTUC, BMS, HMS etc.
• Poor Finances
• Major sources and Uses of Funds
• Financial Strength of Trade Unions
• EXTERNAL CHALLENGES
• Global Competition
• Rapid Changes in Technology
• Shifting Attitudes of Government
• Managerial Strategies and HRM Policies
• Assertion of their Rights by the Community and Consumers
• ORGANIZATIONAL ISSUES
• Leadership
• Changing Demographics
• Internal Democracy
• Declining Union Power and Influence
• Office bearers are exempt from civil and criminal liability; but
accountable under Consumer Protection Act
• AVOIDANCE MODES
• APPROACH MODE
• AVOIDANCE MODES
• Aims at avoiding or postponing conflicts in a variety
of ways
1. Resignation
2. Withdrawal
3. Defusion
4. Appeasement
• APPROACH MODE
• Take more aggressive or understanding forms by
using positive steps to confront conflicts and find
solutions by way of:
1. Confrontation
2. Compromise
3. Arbitration
4. Negotiation
• 1. RESIGNATION
• Extreme avoidance of a conflict with a sense of helplessness
• Conflict is seen as a part of reality, arising out of unreasonable
stand of out-group, usually seen as hostile.
• Another form of Resignation is to ignore the conflict
• Also denying unpleasant situation in the hope that conflict will
get resolved itself in due course.
• Many organizations resigns to recurring conflicts with Trade
Unions and do not attempt to resolve them, hoping solutions
may emerge in due course of time and other will understand
some day.
• 2. WITHDRAWAL
• Getting away from a conflict
• Out-group is seen as belligerent but still open to reason
• One way to get away from the conflict is to avoid situation of
potential conflict, by leaving the two groups to work together.
• Another way to withdraw from collaborative work with out-
group
• Another way is to withdraw from a conflict when it takes place.
• Physical separation is a third way to withdraw
• Fourth way of withdrawal is to define boundaries of interaction
with out-group and make arrangement to limit these.
• Psychological withdrawal – when one of the spouses stop
arguing and keep quiet whenever there is a difference of
opinion – do not sort out the difference but even leave the
house for sometime (physical withdrawal) herself
• 3. DEFUSION
• Buying time for dealing with a conflict
• May take several forms
• Let the participants “cool down” before taking up the real issue
• Allow passage of time to settle down the emotions
• Best example – separate statehood of Telengana – PM allowed
time to defuse the situation
• Another way to appeal to good sense of both groups, to the
sentiment that both are part of a larger group and have
common interests, interdependence, mutuality etc
• Another way to develop temporary arrangement of interaction
through a third group – creating buffer to absorb excess
emotions.
• 4. APPEASEMENT
• Providing some concessions in the hope that the out group will
be satisfied and the conflict will be over
• Main objective is to buy temporary peace.
• When conflict is embarrassing and disturbing, may agree to
some demands of out-group to postpone the conflict.
• Appeasement has same dynamics as payment in case of
blackmail
• Out-group get the message that the group is weak and
incapable of confronting issues.
• Conflict remain unresolved, demands of out-group increases,
its posturing gets stiffer and situation deteriorates further.
• 5. CONFRONTATION
• Fighting out an issue to get a solution in one’s favor
• When in-group perceives the out-group to be both opposed to
its interests and unreasonable, confrontation is adopted,
• It may lead to “Win-lose Trap”
• It involves coercion and is likely to fail to reach a solution
• Long strikes by Trade Unions is a good example of
confrontation.
• Each party try to show their own strength by various ways.
• 6. COMPROMISE
• A process of sharing the gain without resolving the conflict.
• Can be done by Bargaining
• Often used in conflicts between managements and unions
• If the out group is seen as being interested in peace (and hence
as reasonable), attempt is made to seek a compromise
• Example:
• If management is interested in fulfilling certain export orders,
they may agree to increase incentive for a particular period and
union may agree to work for longer hours for that time
• 7. ARBITRATION
• A third party giving an award acceptable to both groups
• If out group is perceived as being belligerent and not interested
in peace, and yet not totally unreasonable, arbitration is
resorted to;
• Usually the conflict remains unresolved – it is only postponed
for a time
• 8. NEGOTIATION
• Continuous interaction and dialogue between groups in order
to find a solution with maximum advantages to both
• Most satisfactory solution can emerge in confronting the
problem and exploring alternative solutions
• Possible when out group is perceived both as interested in
peace and as reasonable.
• Number of steps are involved in the process:
• Unfreezing, Being Open, Learning Empathy, Searching for
common themes, Generating Alternatives, Searching for a
solution, Breaking the deadlock, Committing to the solution
within the group, and Committing the Whole Group