Professional Documents
Culture Documents
(REGULATION 2009)
PART A
'Industrial relationship is the composite result of the attitudes and approaches the employers and
employees towards each other with regard to planning, supervision, direction and co-ordination of the
activities of an organization with a minimum of human efforts and friction, with an animating sprite of co-
operation and with proper regard for the genuine well-being of all the members of the organization.
Code of Conduct has been formulated in order to foster and maintain Employee trust and confidence in the
professionalism and the integrity of the Employees of the Company by ensuring that all Employees adhere
to appropriate standards of conduct as set out in this Policy, that maintains and enhances the reputation of
the Company. This Policy aims to provide guidance to all Employees of the Company on how and in which
manner should the conduct of Employees be when they are undertaking business on behalf of the
Company.
Adjudication is the ultimate legal remedy for settlement of Industrial Dispute. Adjudication means
intervention of a legal authority appointed by the government to make a settlement which is binding on both
the parties. In other words adjudication means a mandatory settlement of an Industrial dispute by a labour
court or a tribunal.
Welfare includes anything that is done for the comfort and improvement of employees and is provided over
and above the wages. Welfare helps in keeping the morale and motivation of the employees high so as to
retain the employees for longer duration. The welfare measures need not be in monetary terms only but in
any kind/forms. Employee welfare includes monitoring of working conditions, creation of industrial harmony
through infrastructure for health, industrial relations and insurance against disease, accident and
unemployment for the workers and their families.
Biological Hazards
Mechanical Hazards
The first National Commission on Labour (1966-69) has defined unorganized labour as those who have not
been able to organize themselves in pursuit of common objectives on account of constraints like casual
nature of employment, ignorance and illiteracy, small and scattered size of establishments and position of
power enjoyed by employers because of the nature of industry etc. Nearly 20 years later the National
Commission on Rural Labour (NCRL: 1987-91) visualized the same scenario and the same contributory
factors leading to the present status of unorganized rural labour in India.
Social security may also refer to the action programs of government intended to promote the welfare of the
population through assistance measures guaranteeing access to sufficient resources for food and shelter
and to promote health and well-being for the population at large and potentially vulnerable segments such
as children, the elderly, the sick and the unemployed.
PART B
11a) What are the functions of industrial relations? Explain the functions and the responsibilities of
industrial relations specialists
b) Compare and contrast the objectives, importance and the growth of different trade union in India
Importance
i. Protect workers
ii. Create spirit of self reliance and self respect among the workers
The third phase began with the emergence of independent India (in 1947). The partition of
country affected the trade union movement particularly Bengal and Punjab. By 1949, four
central trade union organizations were functioning in the country:
The working class movement was also politicized along the lines of political parties. For
instance Indian national trade Union Congress (INTUC) is the trade union arm of the
Congress Party. The AITUC is the trade union arm of the Communist Party of India.
Besides workers, white-collar employees, supervisors and managers are also organized by
the trade unions, as for example in the Banking, Insurance and Petroleum industries.
12a) What is conciliation? What is the weakness of conciliation machinery in settling the industrial
disputes? Suggest the measures to make conciliation machinery effective
Conciliation refers to the process by which representatives of employees and employers are brought
together before a third party with a view to discuss, reconcile their differences and arrive at an agreement
through mutual consent. The third party acts as a facilitator in this process. Conciliation is a type of state
intervention in settling the Industrial Disputes. The Industrial Disputes Act empowers the Central & State
governments to appoint conciliation officers and a Board of Conciliation as and when the situation demands.
Conciliation Officer: The appropriate government may, by notification in the official gazette, appoint such
number of persons as it thinks fit to be the conciliation officer. The duties of a conciliation officer are:
To hold conciliation proceedings with a view to arrive at amicable settlement between the parties
concerned.
To investigate the dispute in order to bring about the settlement between the parties concerned.
To send a report and memorandum of settlement to the appropriate government.
To send a report to the government stating forth the steps taken by him in case no settlement has
been reached at.
The conciliation officer however has no power to force a settlement. He can only persuade and assist
the parties to reach an agreement. The Industrial Disputes Act prohibits strikes and lockouts during that
time when the conciliation proceedings are in progress.
Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute (including
future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties
separately in an attempt to resolve their differences. They do this by lowering tensions, improving
communications, interpreting issues, providing technical assistance, exploring potential solutions and
bringing about a negotiated settlement.
Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and
the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and
makes no award.
b) What are the different systems of adjudication and what are the criticisms against adjudication?
Adjudication: Adjudication is the ultimate legal remedy for settlement of Industrial Dispute. Adjudication
means intervention of a legal authority appointed by the government to make a settlement which is binding
on both the parties. In other words adjudication means a mandatory settlement of an Industrial dispute by a
labour court or a tribunal.
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation
including legal reasoning set forth by opposing parties or litigants to come to a decision which determines
rights and obligations between the parties involved. Three types of disputes are resolved through
adjudication:
Adjudication is a procedure for resolving disputes without resorting to lengthy and expensive court
procedure. For the purposes of this guide, adjudication is a reference to the procedure introduced in the UK
in 1996 by the Housing Grants, Construction and Regeneration Act (Construction Act).
Originally the intention of the Construction Act was that the process would be fairly informal. However, it
has developed into a formal process with parties serving detailed submissions, witness statements and
often even expert reports.
Commencement
The adjudication process begins when the party referring the dispute to adjudication gives written notice of
its intention to do so. The Scheme for Construction Contracts provides that this Notice of Adjudication
should briefly set out the following:
The Notice of Adjudication is the first formal step in the adjudication procedure. Save for the minimum
information set out above, there is no particular requirement as to the form of the document.
Following service of the Notice of Adjudication, the next step is to appoint an adjudicator. The appointment
of an adjudicator must be secured within seven days from service of the Notice of Adjudication. The parties
can agree on an individual to act as the adjudicator or, if agreement cannot be reached, the party who
referred the dispute to adjudication may make an application to an Adjudicator Nominating Body (ANB).
This is usually done by completing a form and paying the required fee. On receipt of a request to nominate
an adjudicator, the ANB should communicate their selection to the party who referred the dispute to
adjudication within five days of the request. In the event that an ANB fails to do this the whole process must
begin again.
13a) What are the qualifications and functions of labour welfare officers? How do labour welfare officers
prevent the industrial conflict?
Functions :
Qualifications
It varies from country to country, the general qualifications you need for this role are a university degree, a
degree or diploma in social welfare or a related area and sufficient speaking and comprehending
knowledge of the employees' first language.
b) What do you mean by labour management relations and suggest the strategy to improve the labour
management relation in India?
A labor relation is the study and practice of managing unionized employment situations. In academia, labor
relations is frequently a subarea within industrial relations, though scholars from many disciplines--including
economics, sociology, history, law, and political science--also study labor unions and labor movements. In
practice, labor relations is frequently a subarea within human resource management. Courses in labor
relations typically cover labor history, labor law, union organizing, bargaining, contract administration, and
important contemporary topics
Strategy
The development of any strategic plan is only as valuable as the processes put into place to ensure that it
is carried out, periodically reviewed and evaluated. A great plan will likely not be successful if there is no
follow-up to ensure its continued usefulness. The real test is not the goodwill which can be created by the
process used to establish the plan, but whether the plan is actually used and the actions specified by it are
accomplished.
There are three major aspects to implementing a successful strategic plan: (1) gaining "buy in" to the
strategy that has been developed; (2) being successful in accomplishing the actions set forth in the plan;
and (3) developing and using a system to evaluate the plan's success. These aspects vary depending on
what strategies are used.
14a) Why do accidents occur in industries? Suggest the measures to prevent the industrial accidents,
industrial injury and how to provide the industrial safety to the employees?
Causes of accidents
Industrial accidents are unforeseen incidents that are not scheduled or planned and cause injury to
employees. These types of accidents accounted for more 1.2 million U.S. employees missing time from
work because of nonfatal injuries, according to the Bureau of Labor Statistics. This 2009 statistic was a
decrease of 9 percent from 2008. A host of causes created industrial accidents, and these causes can be
placed into different categories. Industrial accidents accounted for 4,340 deaths during 2009, as reported
by the Bureau of Labor Statistics.
Human Error
Most industrial accidents occur because of human error. A worker does not follow the proper safety
procedures or is attempting to accomplish a task without the proper equipment. According to the Bureau of
Labor Statistics, as of 2009, 74.8 percent of these injuries occurred in the service-related industry. Most of
these injuries were caused because an employee worked on equipment without the proper tools, damaging
the industrial equipment and creating a safety hazard.
Training
Many industrial accidents occur because an employee is not trained properly on the use of the equipment
or the safety procedures used during the operation and maintenance of the equipment. The manufacturing
industry reported 4.3 industrial accidents occurring for every 100 workers during the 2009 work year. Most
of these accidents occurred because of lack of training of the employee. The equipment must have
qualified operators and these operators must know what do if something happens to the equipment.
Manufacturing Defect
Industrial accidents also occur because of a manufacturing defect in a piece of equipment or material.
During the course of manufacturing several quality-control steps are taken to ensure the equipment is
within safety tolerances. Because most of these quality controls are handled by humans, there is a chance
that a piece of equipment can have a defect that is missed during the process. The equipment is installed,
operated and then fails, causing an industrial accident that can injure or even kill an employee.
Maintenance
One of the common causes for industrial accidents is improper maintenance procedures or the lack of
preventive maintenance programs. Equipment cannot run without having maintenance performed on a
scheduled basis. Most equipment manufacturers publish a recommended preventive maintenance
schedule for the equipment, but the companies and their maintenance personnel are responsible for
carrying out these preventive maintenance programs. Like an automobile that does not regularly get fuel,
oil or the brakes replaced a piece of equipment not maintained fails -- at times with consequences.
Prevention
(a) Enhancing Supports to Small and Medium-sized Workplaces, their Staff Cultivation, etc.
In order to enhance the implementation of “Investigation of Dangers or Harms, etc.”, to provide the
guidance mainly focused on small and medium-sized workplaces by experts, to prepare manuals, etc. for
operations that are common to small and medium-sized workplaces or specified industrial sectors as well
as to support dissemination activities by industry groups. To enhance the staff cultivation at workplaces and
the cultivation of human resources that provides the guidance to workplace staffs.
(b) Enhancement of Information Provision by Machine Manufacturers and Persons Who Transfer or Offer
Chemical;
Substances For machines, to investigate the system to enhance the indication on machines for which
manufacturers carried out “Investigation of Dangers or Harms, etc.” and took measures, and the
information provision for use when transferring machines including the results of “Investigation of Danger or
Harm, etc.” For chemical substances, to thoroughly implement the information provision on dangers or
harms of chemical substances through issuing MSDS and the information provision by an ordered
to contractors when outsourcing the works of remodeling the chemical facilities.
(c) Promoting the Information Provision, etc. for Enhancing “Investigation of Dangers or Harms, etc.”
In order that “Investigation of Danger or Harm, etc.” is effectively implemented, to promote the information
provision such as industrial accident cases, good practices of safety and health activities or improvements.
In addition, to investigate the flexible application of safety and health legislations on the condition of
implementing “Investigation of Dangers or Harms, etc.”
To enhance the implementation of Investigation of Dangers or Harms, etc. and the autonomous
introduction of the safety and health management system in workplaces. To encourage industrial sectors to
autonomously prepare manuals along with “The Guideline on the Safety and Health Management System
(No. 53 of the Ministry of Labor Notification, 1999)” In addition, to further disseminate the approval system
of exempting the notification of the plan on the condition of implementing the safety and health
management system. To enhance the system that in the procure system of public works an ordered is to
evaluate how tender address the safety and health such as safety and health management system.
b) Explain the concept of counseling and how does counseling act as a process of employee and
organization development
Counseling psychology is a psychological specialty that encompasses research and applied work in several
broad domains: counseling process and outcome; supervision and training; career development and
counseling; and prevention and health. Some unifying themes among counseling psychologists include a
focus on assets and strengths, person–environment interactions, educational and career development,
brief interactions, and a focus on intact personalities.
Counseling Psychology is a specific field of psychology that focuses on a wide variety of mental health
issues. Although counseling psychologists mainly deal with clients suffering from depression, anxiety,
family or social problems, or vocational problems, counseling psychologists are also trained to treat mental
problems that would be considered more severe such as schizophrenia. Counseling psychologists differ
from other branches in psychology because of their approach to mental illness. They focus on wellness and
strengths of individuals rather than mental deficiencies. Counseling psychologists also set themselves apart
from clinical psychologists because they stress preventative care with individuals and communities.
Whereas clinical psychologists focus on treating the problems and or symptoms, counseling psychologists
want to prevent the problems from occurring in the first place.
Counseling psychology has so many antecedents that it is difficult to explain its conception. For example,
counseling psychology uses many of the theories and techniques of predeceasing psychologists such as
Sigmund Freud and Eric Erickson. Vocational psychology also played a vital role in the development or
counseling psychology. After World War II, people needed help with training and job placement in order to
support their families. One of the government agencies, the Veterans Administration, communicated with
universities concerning the need for additional career counselors which created an influx of psychology
students in university programs. This led to the creation of a new psychology specialty, counseling
psychology.
As mentioned before, counseling psychology was developed using many of the techniques and theories of
other psychologists. The concept of using "talk therapy" to process experiences and issues began with
Sigmund Freud. From there, other notable psychologists such as Lightner Witmer, Carl Jung, and Alfred
Adler to name a few, added their theories of human development and causes of mental disorders that also
influenced the conception of counseling psychology. Carl Rogers stressed the importance of the therapist-
client relationship. Freud stressed the importance of how unconscious conflicts and defense mechanisms
produced mental illness. All of these concepts are still used by counseling psychologists today.
A big part of counseling psychology is non-verbal communication and building rapport with the client.
Theorists and researchers have found that non-verbal body language such as eye-contact, leaning toward
the client, keeping a comfortable distance, mirroring body language, and attending to other non-verbal cues
increases trust and conveys empathy. Researchers have also found that clients who feel that their
counselor is empathetic and caring are more likely to benefit from treatment.
15a) Explain the conditions for the employment of child labour and suggest the measures to reduce the
child labour
Children constitute principle assets of any country. Children’s Development is as important as the
development of material resources and the best way to develop national human resources is to take care of
children. India has the largest child population in the world. All out efforts are being made by India for the
development and welfare of children. Significant progress has been made in many fields in assuring
children their basic rights. However, much remains to be done. The country renews its commitment and
determination to give the highest priority to the basic needs and rights of all children. Children are most
vulnerable to exploitation and abuse. A lot more has to be done for the health, nutrition and education of
children. It is unfortunate that girls in particular face debilitating discrimination at all stages. Therefore,
specific concentration is being given to the efforts to improve the life and opportunities of the Girl Child.
Initiatives towards elimination of child labor – action Plan and present strategy
The problem of child labor continues to pose a challenge before the nation. Government has been taking
various pro-active measures to tackle this problem. However, considering the magnitude and extent of the
problem and that it is essentially a socioeconomic problem inextricably linked to poverty and illiteracy, it
requires concerted efforts from all sections of the society to make a dent in the problem. In 1979, the
Government formed the first committee called Gurupadswamy Committee to study the issue of child labour
and to suggest measures to tackle it. The Committee examined the problem in detail and made some far-
reaching recommendations. It observed that as long as poverty continued, it would be difficult to totally
eliminate child labor and hence, any attempt to abolish it through legal recourse would not be a practical
proposition. The Committee felt that in the circumstances, the only alternative left was to ban child labor in
hazardous areas and to regulate and ameliorate the conditions of work in other areas. It recommended that
a multiple policy approach was required in dealing with the problems of working children. Based on the
recommendations of Gurupadaswamy Committee, the Child Labor (Prohibition & Regulation) Act was
enacted in 1986. The Act prohibits employment of children in certain specified hazardous occupations and
processes and regulates the working conditions in others. The list of hazardous occupations and processes
is progressively being expanded on the recommendation of Child Labor Technical Advisory Committee
constituted under the Act. In consonance with the above approach, a National Policy on Child Labor was
formulated in 1987. The Policy seeks to adopt a gradual & sequential approach with a focus on
rehabilitation of children working in hazardous occupations & processes in the first instance. The Action
Plan outlined in the Policy for tackling this problem is as follows:
Legislative Action Plan for strict enforcement of Child Labor Act and other labor laws to ensure that children
are not employed in hazardous employments, and that the working conditions of children working in non-
hazardous areas are regulated in accordance with the provisions of the Child Labor Act. It also entails
further identification of additional occupations and processes, which are detrimental to the health and safety
of the children.
Focusing of general developmental programmers’ for benefiting child labor
As poverty is the root cause of child labor, the action plan emphasizes the need to cover these children and
their families also under various poverty alleviation and employment generation schemes of the
government.
b) Write short notes on
Female labor
In the case of women workers, welfare measures have a decisive role to play. Women workers contribute
to the development of national economy. Women, apart from their work, usually spend more than 10-12
hours per day for childcare, household chores as well as collection of fuel, fodder, water etc. Women
workers supplement the incomes of poor households. They have to face many problems due to family
responsibilities, limited mobility and social restrictions."In almost every country women are responsible for a
disproportionate share of work within the household. Some division of labor between men and women flows
from the dominant role of women in childbearing.
But such a division becomes more mild more inefficient as development and I -- technological change
result in longer working hours for women, fewer children, and a higher premium on skills. Some degree of
gender specific 'division of labor' exists in the society. The greater part of the domestic work is performed
by women and girls compared to their male counterparts. Their workload becomes much heavier if they
belong to the poorer strata and their contribution to directly productive activities is a necessity, "Time
budgets collected in different Asian villages clearly indicate that women work longer hours per day than do
their men."' Thus, women play the double role of bearing the burden of the household work and job outside
the family as a bread winner. Therefore, the existence of supportive services and welfare measures is
important in the case of women workers.
Contract labor
Contract labor, the labor of workers whose freedom is restricted by the terms of a contractual relation and
by laws that make such arrangements permissible and enforceable. The essence of the contract labourer’s
obligation is his surrender for a specified period of the freedom to quit his work and his employer. Other
stipulations cover such matters as repayment of the costs of transportation, housing, training, and other
expenses. Contract labor has been based upon conditions of poverty and upon political and religious
intolerance, and it is often expressed in penal codes. Historically, deception, kidnapping, and coercion have
been used to obtain contract laborers, with contractual terms often reflecting the disadvantageous position
of the laborer. Contract labor still carries implications of compulsion and unfairness, and conditions can
approach slavery in their severity.
Construction labor
Construction sector is next to Agriculture in terms of employment and income contribution to the Indian
Economy. Construction sector has grown much faster immediately after Government has adopted the
strategy of Liberalization, Privatization and Globalization. In the year 1998 there were 111 million
construction workers worldwide and majority belongs to the Developing Economy like India. This is
because employment intensity is much higher in t he low income countries than the high income ones. The
investments made in this sector amounted to Rs.6.6 trillion in the financial year 2005. The construction
industry in India is worth over US$ 51 billion (pound 28 billion) and accounts for more than 20% of the
GDP. It is also the largest employer in the country after agriculture, employing approximately 31 million
people (Construction Industry Development Council and Planning Commission).
Agricultural labor
The following suggestions can be made for improving the position of agricultural workers.
Though the Minimum Wages Act was passed as far back as in 1948, yet its implementation leaves much to
be desired. There is no administrative machinery worth the name to implement effectively the provisions of
the Minimum Wage Act. Even otherwise, fixation of minimum wages in an era of continuous and exorbitant
rise in prices carries no consolation for the starved masses of agricultural workers. Hence, it is necessary to
provide for periodical revision of minimum wages keeping the changing price trends in view.
Special efforts should be directed towards organizing agricultural workers. It is only such organization that
can improve their bargaining power and ensure better wages and better conditions of work for them. This is
not easy because the large farmers and big landlords are economically and socially very powerful. Because
of their unlimited power they have succeeded in pinning down whatever little attempts were made by
agricultural workers to organize themselves in some parts of the country.
3. Resettlement of agricultural workers
The surplus land and newly reclaimed land should be allotted only to agricultural workers. However, there
are physical limitations to this programme. The supply of land is very much limited in relation to the number
of agricultural workers. To cope with this problem, steps can be taken to set up cooperative farms or state
farms where employment at fair wages can be provided to the agricultural laborers.
The best policy is to create ample employment opportunities outside the field of agriculture. Because of the
pressure on land of increasing population it is becoming more and more difficult to absorb additional labor
on farms and unless other sectors of the economy create ample employment opportunities it will not be
possible to solve the problems of agricultural workers. Perhaps, the best strategy would be to promote
labor intensive industries in rural areas. For this purpose facilities of power, finance and training rural youth
should be provided in the villages. This will reduce the dependence of agricultural workers on land and
increase their incomes.
It is necessary to improve the working conditions of agricultural workers. Their hours of work should be
statutorily fixed and strictly enforced. In case of work beyond the stipulated hours, overtime payments
should be made. Child labor should be totally banned.
A major problem of many agricultural workers is that they are employed only for a part of the year, for
example, during sowing and harvesting. For the remaining part of the year they remain unemployed. The
period of inactivity may vary from three months to six months. During this period, it is necessary to organize
rural works programme like construction of roads, school buildings, digging of canals, wells, etc. so that
employment can be provided to agricultural workers all the year round.
The state can, if it wishes, organize special programmers’ to improve the standard of living of agricultural
workers. Since a large proportion of such workers belong to scheduled castes, they are not allowed to take
water from village wells. State can arrange for drinking water for them. State can also provide housing sites
to agricultural workers so that they do not remain houseless. State can organize fair price shops in rural
areas to save agricultural workers who generally sell goods at high prices.
8. Social security
Agricultural labor has no social security, no earned leave, no sick leave and no pension or gratuity.
Substantial efforts should be directed in this field. Since, these laborers are not permanently attached to
any employer; the task of providing social security is indeed a complex one. These measures can go a long
way in solving most of the problems of agricultural workers. As stated earlier, the basic task is to distribute
surplus land amongst agricultural workers and provide additional employment opportunities in villages
through the development of small and cottage industries. General improvement in the working conditions,
enforcement of legislative measures, provision of social security, etc. ate all secondary to the above two
measures