Professional Documents
Culture Documents
Meaning of IR
Industrial relations encompass ‘the processes of regulation and control
over workplace relations, the organization of tasks, and the relations
between employers and their representatives, and employees and their
representatives, and is the sum of economic, social and political
interactions in workplaces where employees provide manual and mental
labor in exchange for rewards allotted by employers, as well as the
institutions established for the purpose of governing workplace relations’.
To solve these issues the government has taken several steps like setting up
of dispute settling authorities, collective bargaining etc… This over all
activity is taken care by IR department in each organization. This is how
industrial relations evolved in Indian industries.
1. Institutional Factors:
Under institutional factors are included items like state policy, labour laws,
voluntary codes, collective bargaining agreements, labour unions,
employers’ organisations / federations etc.
2. Economic Factors:
Under economic factors are included economic organisations, (socialist,
communist, capitalist) type of ownership, individual, company — whether
domestic or MNC, Government, cooperative ownership) nature and
composition of the workforce, the source of labour supply, labour market
relative status, disparity of wages between groups, level of unemployment,
economic cycle. These variables influence industrial relations in myriad
ways.
3. Social Factors:
Under social factors items like social group (like caste or joint family) creed,
social values, norms, social status (high or low) — influenced industrial
relations in the early stages of industrialisation. They gave rise to
relationship as master and servant, haves and have-nots, high caste and low
caste, etc. But with the acceleration of industrialisation, these factors
gradually lost their force but one cannot overlook their importance.
4. Technological Factors:
Under technological factors fall items like work methods, type of technology
used, rate of technological change, R&D activities, ability to cope with
emerging trends, etc. These factors considerably influence the patterns of
industrial relations, as they are known to have direct influence on
employment status, wage level, collective bargaining process in an
organisation.
5. Psychological Factors:
Under psychological factors fall items pertaining to industrial relations like
owners’ attitude, perception of workforce, workers’ attitude towards work,
their motivation, morale, interest, alienation; dissatisfaction and boredom
resulting from man-machine interface. The various psychological problems
resulting from work have a far-reaching impact on workers’ job and personal
life, that directly or indirectly influences industrial relation system of an
enterprise.
6. Political Factors:
The political factors are political institutions, system of government, political
philosophy, attitude of government, ruling elite and opposition towards
labour problems. For instance, the various communist countries prior to the
adoption of new political philosophy, the industrial relations environment
was very much controlled by the Government ever since change has altered
considerably like other capitalist economics.
There too, unions are now at the helm of labour activities, the industrial
relations and is marked by labour unrest. Most of the trade unions are
controlled by political parties, so here the industrial relations are largely
shaped by the gravity of involvement of political parties in trade union
activities.
7. Enterprise-Related Factors:
Under enterprise-related factors, fall issues like style of management
prevailing in the enterprise, its philosophy and value system, organisational
climate, organisational health, extent of competition, adaptability to change
and the various human resources management policies.
8. Global Factors:
Under global factors, the various issues included are international relations,
global conflicts, dominant economic-political ideologies, global cultural
milieu, economic and trading policies of power blocks, international trade
agreements and relations, international labour agreements (role of ILO) etc.
Thus, the industrial relations can be viewed as a “Complex System” formed
by the interaction of the industry, the government and the labour which are
monitored by the existing and emerging social economic, institutional and
technological factors. In this context, the observations of Singh are
noteworthy.
Pre-independence era
The structure of the colonial economy, the labour policies of colonial
government, the ideological composition of the political leadership, the
dynamics of political struggle for independence, all these shaped the
colonial model of industrial relations in pre-independent India”.
Then even union movement was an important part of the
independence movement.
Indian workers did not enjoy any type of freedom of expression or
association.
Employers were exploiting the workers with poor payment and
miserable working conditions.
Till the end of first world war there were no trade union movements in
India.
No efforts were made to pass any type of legislation to protect the
interest of the workers.
After the end of World War-I the scenario of Industrial relations
changed considerably due to the support of workers of U.K.
There were many strikes during 1928-29 due to which Govt. of British
India passed Trade Dispute Act 1929 in India but even this act could
not provide any permanent standing machinery for settlement of
disputes.
Bombay Industrial Relations (BIR) Act was passed and it set up a
permanent machinery through industrial court. But after Second
World War industrial scene in India deteriorated to a much greater
extent.
Post-Independence Scenario:
In 1947 there was enactment if Industrial Disputes Act 1947 with a
permanent machinery to settle industrial disputes.
In 1997 “Industrial Truce Resolution” was made which made an
appeal to labour and management to cooperate and maintain
Industrial peace.
During period 1947-56:
In 1948 Indian Labour Conference (ILC) was formed in lines of ILO
where representative of government, employers and workers were
meeting regularly and making recommendations for different
legislative measures. It was a Tripartite body.
On the basis of the recommendations made by ILC Indian
Parliament made large number of legislative measures from time to
time.
During 1957-65:
Some healthy developments took place during this period:-
Code of Discipline was introduced in 1957.
Joint Management Councils (MNC) were formulated.
Concept of workers committee was made popular.
In this period ILO worked towards achieving voluntary agreement
between labour and management.
During 1962-71:
There were some set-backs to Industrial relations in India due to
political and social turmoil which took place in India like Chinese
aggression 1962, death of Pandit Jawahar Lal Nehru 1964, Indo-Pak
war 1965 &1971 and split of Indian National Congress in 1989.
In 1966 National Commission for labour was appointed which gave it
some of the strong recommendation in 1969 like:-
Formation of Industrial relations commission instead of tribunal.
Recognition of bargaining agent.
During 1972-76:-
In 1975 National Emergency was declared and due to which
fundamental rights were crushed.
Before the declaration of emergency there was lot of industrial unrest.
ILC could not meet regularly between 1972-76.
On the basis of 20-point programme in place of National Labour
Commission (NLC), National Apex Body (NAB) and State Apex Body
(SAB) were set-up which were bi-partite representing employers and
employees.
During 1977-80:-
Janta government took over central govt. from the congress party.
In 1977 National emergency was taken back.
In 1977 NLC was revived again.
In 1978 industrial relation bill was prepared but no act could be
passed.
After 1980’s:-
Several committees were appointed to suggest measures for reforming
die Industrial Relations System (IRS).
In the process, tripartism was revived in 1980s.
Government passed the Trade unions and the Industrial Disputes
(Amendment) Bill, 1988. But, it also proved yet another legislative
disaster.
In consequence, the tripartite deliberations held at the ILC in 1990
decided three measures to reform IR in India:
(i) To constitute a bipartite committee of employers and unions to
formulate proposals for a comprehensive legislation;
(ii) To withdraw the Trade Union and the Industrial Disputes
(Amendment) Bill, 1988
(iii) To consider the possibility of formulating a bill on workers’
participation in management, 1990. In the 33rd session of ILC,
another bipartite committee was constituted to recommend changes in
the TU and ID Acts. The government introduced a Bill on Workers,
Participation in Management in Parliament in 1990.
The bill was severely criticised by the left parties. It was even viewed
by some as a deliberate attempt to destroy “autonomous; organised or
militant trade union movement”.
Oxford Approach:
According to this approach, the industrial relations system is a study of
institutions of job regulations and the stress is on the substantive and
procedural rules as in Dunlop’s model.
• Flanders, the exponent of this approach, considers every business
enterprise as a social system of production and distribution, which
has a structured pattern of relationships.
• The “institution of job regulation” is categorized by him as internal
and external – the former being an internal part of the industrial
relations system such as code of work rules, wage structure, internal
procedure of joint consultation, and grievance procedure.
• According to him, collective bargaining is central to the industrial
relations system. The “Oxford Approach” can be expressed in the form
of an equation:
• r = f (b) or r = f (c)
where, r = the rules governing industrial relations
b = collective bargaining
c = conflict resolved through collective bargaining.
LEVELS OF PARTICIPATION:
Informative Participation:
This refers to management’s information sharing with workers on such
items those are concerned with workers. Balance Sheet, production,
economic conditions of the plant etc., are the examples of such items. It is
important to note that here workers have no right of close scrutiny of the
information provided and management has its prerogative to make decisions
on issues concerned with workers.
Consultative Participation:
In this type of participation, workers are consulted in those matters which
relate to them. Here, the role of workers is restricted to give their views only.
However, the acceptance and non-acceptance of these views depends on
management. Nonetheless, it provides an opportunity to the workers to
express their views on matters involving their interest.
Associative Participation:
Here, the role of the workers’ council is not just advisory unlike consultative
participation. In a way, this is an advanced and improved form of
consultative participation. Now, the management is under a moral obligation
to acknowledge, accept and implement the unanimous decision of the
council.
Administrative Participation:
In the administrative participation, decisions already taken are implemented
by the workers. Compared to the former three levels of participation, the
degree of sharing authority and responsibility by the workers is definitely
more in this participation.
Decisive Participation:
Here, the decisions are taken jointly by the management and the workers of
an organization. In fact, this is the ultimate level of workers’ participation in
management.
COLLECTIVE BARGAINING:
Good relations between the employer and employees are essential for
the success of industry.
In order to maintain good relations, it is necessary that industrial
disputes are settled quickly and amicably.
One of the efficient methods of resolving industrial disputes and
deciding the employment conditions is Collective Bargaining.
Collective Bargaining is a process in which representatives of two
groups (employers and employees) meet and try to negotiate an
agreement which specifies the nature of future relationship (pertaining
to employment) between the two.
According to Beach, ―Collective Bargaining is concerned with the
relations between unions representing employees and employers (or
their representatives). It involves the process of union organization of
employees; negotiation, administration and interpretation of collective
agreements covering wages, hours of work and other conditions of
employment; engaging in concerted economic action; and dispute
settlement procedures.
According to Dale Yoder, ―Collective Bargaining is the term used to
describe a situation in which the essential conditions of employment
are determined by bargaining process undertaken by representatives
of a group of workers on the one hand and of one or more employers
on the other.
In the words of Flippo, ―Collective Bargaining is a process in which
the representatives of a labour organization and the representatives of
business organization meet and attempt to negotiate a contract or
agreement, which specifies the nature of employee employer-union
relationship.
According to Harbinson, collective bargaining is “a process of
accommodation between two institutions which have both common
and conflicting interests.”
The Asian Regional Conference of ILO held in 1953, asserts that
collective agreements are usually the best measures for the
determination and adjustment of wages and that attempt should be
made as early as possible to develop systems of collective negotiations
based on free associations of employers and workers.
Types of Bargaining
1) Distributive Bargaining: It involves haggling over the
distribution of surplus. Various activities involved in this activity
are wages, salaries, bonus and other financial issues. In this
activity, both the parties face a win/lose situation.
2) Integrative Bargaining: Also known as Interest-Based
Bargaining, issues which are not damaging to either party are
discussed. It is a negotiation strategy in which both the parties
collaborate to find a win-win solution to their problems. This strategy
focuses on developing mutually beneficial agreements based on the
interests of the disputants. Issues brought up may be better job
evaluation procedures, better performance appraisal methods or
training programmes etc.
3) Attitudinal structuring: Attitudinal structuring refers to efforts by
negotiators to shape their opponents' perceptions about the nature of
the issues to be negotiated. By cultivating an atmosphere of
friendliness, mutual respect, trust, and cooperation, negotiators can
encourage their opponents to view issues largely in integrative terms
and participate in joint problem solving. This activity involves shaping
and reshaping some perceptions like trust/distrust,
friendliness/hostility, co-operative/non-cooperative between the
labour and management. When there is a backlog of bitterness
between both the parties, attitudinal structuring is required to
maintain smooth and harmonious industrial relations.
4) Intra-Organisational Bargaining: It is a type of manoeuvring to
achieve consensus among the workers and management. Even within
the union there may be differences between different groups as may
be the case with the management. Intra-organisational consensus is
required for the smooth acceptance of the outcome of Collective
Bargaining.
Objectives of Collective Bargaining:
1) To maintain cordial relations between the employer and employees.
2) To protect the interests of the workers through collective action and
by preventing unilateral actions from being taken by the employer.
3) To ensure the participation of trade unions in industry.
4) To avoid the need for government intervention as collective bargaining
is a voluntary collective process.
5)To promote Industrial democracy.
Importance of Collective Bargaining
• Collective Bargaining not only includes negotiation, administration
and enforcement of the written contracts between the employees and
the employers, but also includes the process of resolving labour-
management conflicts.
• Thus, collective bargaining is a legally and socially sanctioned way of
regulating in the public interest the forces of power and influence
inherent in organized labour and management groups.
Importance of Employees
• Collective Bargaining helps the employees:
• (i) To develop a sense of self-respect and responsibility among the
employees.
• (ii) To increase the strength of the workers. Their bargaining capacity
as a group increases.
• (iii) To increase the morale and productivity of employees.
• (iv) To restrict management‘s freedom for arbitrary action against the
employees. Unilateral actions by the management are discouraged.
• (v) To strengthen the trade union movement.
Importance to Employers
• (i) The workers feel motivated as they can talk to the employers on
various matters and bargain for higher benefits. As a result, their
productivity increases.
• (ii) It is easier for the management to resolve issues at the bargaining
table rather than taking up complaints of employees individually.
• (iii) Collective bargaining promotes a sense of job security among the
employees and thereby tends to reduce cost of labour turnover to
management, employees as well as the society at large.
• (iv) Collective bargaining opens up the channels of communications
between the top and bottom levels of organization which may be
difficult otherwise.
Importance to society
Collective Bargaining helps the society:
(i) To attain industrial peace in the country.
(ii) To establish a harmonious industrial climate which supports the
pace of a nation‘s efforts towards economic and social development
since the obstacles to such development can be largely eliminated or
reduced. As a vehicle of industrial peace or harmony, collective
bargaining has no equal.
(iii) To extend the democratic principle from the political to the
industrial field. It builds up a system of industrial jurisprudence by
introducing civil rights in industry and ensures that management is
conducted by rules rather than by arbitrary decisions.
(iv) To check the exploitation of workers by the management.
(v) To distribute equitably the benefits derived from industry among all
the participants including the employees, the unions, the
management, the customers, the suppliers and the public.
CONCEPTS OF WAGES:
(i) Minimum Wage:
Minimum wage is that wage which must be paid whether the company earns
any profit or not. This wage provides not merely for bare sustenance of life,
but also for the preservation of the efficiency of the worker. Minimum wage
may be fixed by an agreement between the management and the workers
but is usually determined through legislation.
This is more so in the unorganised sector where labour is unionised. In the
fixation of minimum wages, besides the needs of workers, other factors like
ability of the concern to pay nature of the jobs etc. are also considered.
(ii) Fair Wage:
Fair wage is that wage which is above the minimum wage but below the
living wage. It can be fixed only by comparison with an accepted standard
wage. Such a standard can be determined with reference to those industries
where labour is well organised and has been able to bargain well with the
employer.
(iii) Incentives
The incentive is a positive motivational influence on a person that helps
improve his performance. Thus, it can be said that all the measures taken
by the management to improve the performance of its employees are
incentives. The incentives can be broadly classified as financial incentives
and non-financial incentives.
Financial Incentives
Financial incentives can be provided on an individual or group basis and
satisfy the monetary and future security needs of individuals. The most
commonly used financial incentives are:
(a) Pay and Allowances
Salary is the basic incentive for every employee to work efficiently for an
organization. Salary includes basic pay, dearness allowance, house rent
allowance, and similar other allowances. Under the salary system,
employees are given increments in basic pay every year and also an increase
in their allowances from time-to-time. Sometimes these increments are
based on the performance of the employee during the year.
(b) Bonus
It is a sum of money offered to an employee over and above the salary or
wages as a reward for his good performance.
(c) Productivity linked Wage Incentives
Many wage incentives are linked with the increase in productivity at
individual or group level. For example, a worker is paid 50 rupees per piece
if he produces 50 pieces a day but if he produces more than 50 pieces a day,
he is paid 5 rupees extra per piece. Thus, on the 51st piece, he will be paid
55 rupees.
(d) Profit-Sharing
Sometimes the employees are given a share in the profits of the
organization. This motivates them to perform efficiently and give their best
to increase the profits of the organization.
(e) Retirement Benefits
Retirement benefits like gratuity, pension, provident fund, leave
encashment, etc. provide financial security to the employees post their
retirement. Thus, they work properly when they are in service.
(f) Stock Options or Co-partnership
Under the Employees Stock Option Plan, the employee is offered the
ordinary shares of the company at a price lower than its market price for a
specified period of time. These are non-standardized offers and shares are
issued as a private contract between the employer and employee. These are
generally offered to management as a part of their managerial compensation
package.
(g) Commission
Some organizations offer a commission in addition to the salary to
employees for fulfilling the targets extremely well. This incentive encourages
the employees to increase the client base of the organization.
(h) Perquisites
Several organizations offer perquisites and fringe benefits such as
accommodation, car allowance, medical facilities, education facilities,
recreational facilities, etc. in addition to the salary and allowances to its
employees. These incentives also motivate the employees to work efficiently.
2. Employee Security:
Physical and job security to the employees should also be provided with a
view to ensure security to the employee and his family members. When the
employee’s services get confirmed, his job becomes secures. Further, a
minimum and continuous wage or salary gives a sense of security to the life.
Retrenchment Compensation: The Industrial Disputes Act, 1947 provides
for the payment of compensation in case if lay off and retrenchment. The
non-seasonal industrial establishment employing 50 or more workers have
to give one month’s advance notice or one month’s wages to all the
employees who are retrenched after one year’s continuous service. The
compensation is paid at the rate of 45 day wage for every completed year of
service. Workers are eligible for compensation as stated above in case of
closing down of undertakings.
Lay Off Compensation: In case of lay off the employees are entitled to lay
off compensation at the rate equal to 50% of the total of the basic wage and
dearness allowance for the period of their lay off except for the weekly
holidays. Lay off compensation can normally be paid up to 45 days a year.
5. Heath Benefits:
Sickness benefits: Sickness benefit is roughly 50% of average daily wages
and is payable for 91 days during 2 consecutive benefit period.
Medical benefit: The Employee’s state Insurance Scheme provides full
medical care in the form of medical attendance, treatments, drugs and
injections, specialist consultation, and hospitalization to insured person and
also to members of their families where the facility has been extended to the
families.
Temporary Disablement benefits: TDB is payable to an employee suffers
from employment injury or occupational diseases and is certified to
temporarily incapable of work.
Permanent Disablement Benefit: PDB is payable to an employee who
suffers permanent residual disablement as a result of employment accident
or occupational diseases. The maximum rate of PDB can be equal to TDB.
Maternity Benefits: Maternity benefits is payable to and insured women in
the following cases subject to contributory conditions: – (a) Confinement, (b)
Miscarriage or medical termination of pregnancy (MTP), (c) sickness arising
out of pregnancy.
6. Voluntary Arrangement:
However, most of the large organisations provide health services over and
above the legal requirements to their employees free of cost by setting up
hospitals, clinics, dispensaries, and homeopathic dispensaries. Company’s
elaborate health service programmes includes:
Providing health maintenance services, emergency care, on the job
treatment for minor complaints, health counselings, medical supervision in
rehabilitation, accidents and sickness prevention, health education
programmes, treatment in employee colonies etc.
Medical benefits are extended to employee family members and to the retired
employees and their family members.
Small organisations which cannot setup hospitals provide the medical
services through local hospitals and doctors. Sometimes they provides
reimbursements of medical expenses borne by the employee.
7. Welfare and Recreational facilities:
These benefits include canteens, consumer stores, credit societies, housing,
legal aids, employee counselling, welfare organisation, holiday homes,
educational facilities, transportation, picnics and parties etc.
WORKMEN’S COMPENSATION ACT 1923:
The Workmen Compensation Act 1923, aims to provide workmen
and/or their dependents some relief in case of accidents arising
out of and in the course of employment and causing either death
or disablement of workmen.
Objective and Scope of this Act
• The Employees’ Compensation Act is social security
legislation.
• It imposes statutory liability upon an employer to discharge
his moral obligation towards his employees when they suffer from
physical disabilities and diseases during the course of
employment in hazardous working conditions.
• To help the dependents of the employee rendered destitute
by the ‘accidents’ and from the hardship arising out from such
accidents.
• The Act provides for cheaper and quicker mode of disposal
of disputes relating to compensation through special proceedings
than possible under the civil law.
• The Act extends to the whole of India.
SOCIAL SECURITY
What is the concept of social security?
Social security is the protection that a society provides to individuals and
households to ensure access to health care and to guarantee income
security, particularly in cases of old age, unemployment, sickness,
invalidity, work injury, maternity or loss of a breadwinner.
Social security is "any government system that provides monetary
assistance to people with an inadequate or no income“
Social security may also refer to the action programs of an organization
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.
Four basic categories of Social Security benefits are paid based upon the
record of your earnings: retirement, disability, dependents, and survivors
benefits. These benefits all fall under the Old Age, Survivors And Disability
Insurance Program (OASDI), which is the official name of Social Security.
Retirement Benefits
Workers who have worked in "covered employment" for a sufficient number
of years are eligible for retirement benefits when they retire at age
58/60/65/70.
Disability Benefits
If you haven't reached retirement age but have met the work requirements
and are considered disabled under the Social Security program's medical
guidelines, you can receive benefits roughly equal to what your full
retirement benefits would be.
Dependents Benefits
If you are the spouse of a retired or disabled worker who qualifies for Social
Security retirement or disability benefits, you and your minor or disabled
children may be entitled to benefits based on the worker's earning record.
This is true whether or not you actually depend on your spouse for your
support.
Survivors Benefits
If you are the surviving spouse of a worker who qualified for Social Security
retirement or disability benefits, you and your minor or disabled children
Employee Grievance
Introduction and Definition of Grievance:
A grievance is any dissatisfaction or feeling of injustice having connection
with one’s employment situation which is brought to the attention of
management. Speaking broadly, a grievance is any dissatisfaction that
adversely affects organizational relations and productivity. To understand
what a grievance is, it is necessary to distinguish between dissatisfaction,
complaint, and grievance.
1. Dissatisfaction is anything that disturbs an employee, whether or not
the unrest is expressed in words.
2. Complaint is a spoken or written dissatisfaction brought to the
attention of the supervisor or the shop steward.
3. Grievance is a complaint that has been formally presented to a
management representative or to a union official.
Causes of Grievances:
Grievances may occur due to a number of reasons:
1. Economic:
Employees may demand for individual wage adjustments. They may feel that
they are paid less when compared to others. For example, late bonus,
payments, adjustments to overtime pay, perceived inequalities in treatment,
claims for equal pay, and appeals against performance- related pay awards.
2. Work environment:
It may be undesirable or unsatisfactory conditions of work. For example,
light, space, heat, or poor physical conditions of workplace, defective tools
and equipment, poor quality of material, unfair rules, and lack of
recognition.
3. Supervision:
It may be objections to the general methods of supervision related to the
attitudes of the supervisor towards the employee such as perceived notions
of bias, favouritism, nepotism, caste affiliations and regional feelings.
4. Organizational change:
Any change in the organizational policies can result in grievances. For
example, the implementation of revised company policies or new working
practices.
5. Employee relations:
Employees are unable to adjust with their colleagues, suffer from feelings of
neglect and victimization and become an object of ridicule and humiliation,
or other inter- employee disputes.
6. Miscellaneous: These may be issues relating to certain violations in
respect of promotions, safety methods, transfer, disciplinary rules, fines,
granting leaves, medical facilities, etc.
Grievance Procedure
Grievance procedure is a Step by step process an employee must follow to
get his or her complaint addressed satisfactorily. In this process, the formal
(written) complaint moves from one level of authority (of the firm and the
union) to the next higher level.
Grievance procedure is a formal communication between an employee and
the management designed for the settlement of a grievance. The grievance
procedures differ from organization to organization.
1. Open door policy
2. Step-ladder policy
Open door policy: Under this policy, the aggrieved employee is free to meet
the top executives of the organization and get his grievances redressed.
Such a policy works well only in small organizations. However, in bigger
organizations, top management executives are usually busy with other
concerned matters of the company. Moreover, it is believed that open door
policy is suitable for executives; operational employees may feel shy to go to
top management.
Step ladder policy: Under this policy, the aggrieved employee has to follow
a step by step procedure for getting his grievance redressed. In this
procedure, whenever an employee is confronted with a grievance, he
presents his problem to his immediate supervisor. If the employee is not
satisfied with superior’s decision, then he discusses his grievance with the
departmental head. The departmental head discusses the problem with joint
grievance committees to find a solution. However, if the committee also fails
to redress the grievance, then it may be referred to chief executive. If the
chief executive also fails to redress the grievance, then such a grievance is
referred to voluntary arbitration where the award of arbitrator is binding on
both the parties.
How to handle an employee grievance?
1) Establish whether the grievance needs to be resolved formally or
informally.
2) Choose an appropriate manager to deal with the grievance.
3) Carry out a full investigation and gather all relevant evidence, sending
it to the employee in advance of the meeting.
4) Arrange the grievance meeting, inviting the employee and reminding
them of their statutory right to be accompanied.
5) Make sure accurate notes are taken throughout by a person who is
not involved in the case.
6) Give the employee the opportunity to explain the details of their
grievance and what they would like the outcome to be.
7) Adjourn the meeting consider the evidence before making a decision.
8) Inform the employee in writing of the decision, explaining how and
why the decision was reached.
9) Notify the employee of their right to appeal against the outcome of the
grievance procedure.
GRIEVANCE PROCEDURE IN INDIAN INDUSTRY
The 15th session of Indian Labor Conference held in 1957 emphasized the
need of an established grievance procedure for the country which would be
acceptable to unions as well as to management. In the 16th session of
Indian Labor Conference, a model for grievance procedure was drawn up.
This model helps in creation of grievance machinery. According to it,
workers’ representatives are to be elected for a department or their union is
to nominate them. Management has to specify the persons in each
department who are to be approached first and the departmental heads who
are supposed to be approached in the second step. The Model Grievance
Procedure specifies the details of all the steps that are to be followed while
redressing grievances. These steps are:
STEP 1: In the first step the grievance is to be submitted to departmental
representative, who is a representative of management. He has to give his
answer within 48 hours.
STEP 2: If the departmental representative fails to provide a solution, the
aggrieved employee can take his grievance to head of the department, who
has to give his decision within 3 days.
STEP 3: If the aggrieved employee is not satisfied with the decision of
departmental head, he can take the grievance to Grievance Committee. The
Grievance Committee makes its recommendations to the manager within 7
days in the form of a report. The final decision of the management on the
report of Grievance Committee must be communicated to the aggrieved
employee within three days of the receipt of report. An appeal for revision of
final decision can be made by the worker if he is not satisfied with it. The
management must communicate its decision to the worker within 7 days.
STEP 4: If the grievance still remains unsettled, the case may be referred to
voluntary arbitration.
Conciliation, Arbitration & Adjudication
Failure of the employees and the employers to sort out their differences
bilaterally leads to the emergence of industrial disputes. The Industrial
Disputes Act, 1947 provides legalistic machinery for settlement of such
disputes by involving the interference of a third party.
The settlement machinery as provided by the Act consists of the three
methods:
1. Conciliation
2. Arbitration
3. Adjudication
1. Conciliation:
In simple sense, conciliation means reconciliation of differences between
persons. Conciliation refers to the process by which representatives of
workers and employers are brought together before a third party with a view
to persuading them to arrive at an agreement by mutual discussion between
them. The alternative name which is used for conciliation is mediation. The
third party may be one individual or a group of people.
In view of its objective to settle disputes as quickly as possible, conciliation
is characterised by the following features:
(i) The conciliator or mediator tries to remove the difference between the
parties.
(ii) He/she persuades the parties to think over the matter with a problem-
solving approach, i.e., with a give and take approach.
(iii) He/she only persuades the disputants to reach a solution and never
imposes his/her own viewpoint.
(iv) The conciliator may change his approach from case to case as he/she
finds fit depending on other factors.
According to the Industrial Disputes Act 1947, the conciliation machinery in
India consists of the following:
1. Conciliation Officer
2. Board of Conciliation
3. Court of Enquiry
Board of Conciliation:
In case the conciliation officer fails to resolve the dispute between the
disputants, under Section 5 of the Industrial Disputes Act, 1947, the
appropriate government can appoint a Board of Conciliation. Thus, the
Board of Conciliation is not a permanent institution like conciliation officer.
It is an adhoc body consisting of a chairman and two or four other members
nominated in equal numbers by the parties to the dispute.
The Board enjoys the powers of civil court. The Board admits disputes only
referred to it by the government. It follows the same conciliation proceedings
as is followed by the conciliation officer. The Board is expected to give its
judgment within two months of the date on which the dispute was referred
to it.
2. Arbitration:
Arbitration is a process in which the conflicting parties agree to refer their
dispute to a neutral third party known as ‘Arbitrator’. Arbitration differs
from conciliation in the sense that in arbitration the arbitrator gives his
judgment on a dispute while in conciliation, the conciliator disputing parties
to reach at a decision.
The arbitrator does not enjoy any judicial powers. The arbitrator listens to
the view points of the conflicting parties and then gives his decision which is
binding on all the parties. The judgment on the dispute is sent to the
government. The government publishes the judgment within 30 days of its
submission and the same becomes enforceable after 30 days of its
publication. In India, there are two types of arbitration: Voluntary and
Compulsory.
Voluntary Arbitration:
In voluntary arbitration both the conflicting parties appoint a neutral third
party as arbitrator. The arbitrator acts only when the dispute is referred to
him/her. With a view to promote voluntary arbitration, the Government of
India has constituted a tripartite National Arbitration Promotion Board in
July 1987, consisting of representatives of employees (trade employers and
the Government. However, the voluntary arbitration could not be successful
because the judgments given by it are not binding on the disputants. Yes,
moral binding is exception to it.
Compulsory Arbitration:
In compulsory arbitration, the government can force the disputing parties to
go for compulsory arbitration. In other form, both the disputing parties can
request the government to refer their dispute for arbitration. The judgment
given by the arbitrator is binding on the parties of dispute.
3. Adjudication:
The ultimate legal remedy for the settlement of an unresolved dispute is its
reference to adjudication by the government. The government can refer the
dispute to adjudication with or without the consent of the disputing parties.
When the dispute is referred to adjudication with the consent of the
disputing parties, it is called ‘voluntary adjudication.’ When the government
herself refers the dispute to adjudication without consulting the concerned
parties, it is known as ‘compulsory adjudication.
The Industrial Disputes Act, 1947 provides three-tier machinery for the
adjudication of industrial disputes:
1. Labour Court
2. Industrial Tribunal
3. National Tribunal
A brief description on these follows:
Labour Court:
Under Section 7 of the Industrial Disputes Act, 1947, the appropriate
Government by notifying in the official Gazette, may constitute Labour Court
for adjudication of the industrial disputes The labour court consists of one
independent person who is the presiding officer or has been a judge of a
High Court, or has been a district judge or additional district judge for not
less than 3 years, or has been a presiding officer of a labour court for not
less than 5 years. The labour court deals with the matters specified in the
second schedule of the Industrial Disputes Act, 1947.
These relate to:
1. The property or legality of an employer to pass an order under the
standing orders.
2. The application and interpretation of standing orders.
3. Discharge or dismissal of workers including reinstatement or grant of
relief to workmen wrongfully dismissed.
4. Withdrawal of any statutory concession or privilege.
5. Illegality or otherwise of a strike or lockout.
6. All matters other than those reserved for industrial tribunals.
Industrial Tribunal:
Under Section 7A of the Act, the appropriate Government may constitute
one or more Industrial tribunals for the adjudication of industrial disputes.
Compared to labour court, industrial tribunals have a wider jurisdiction. An
industrial tribunal is also constituted for a limited period for a particular
dispute on an adhoc basis.
The matters that come within the jurisdiction of an industrial tribunal
include the following:
1. Wages, including the period and mode of payment.
2. Compensatory and other allowances.
3. Hours of work and rest periods.
4. Leave with wages and holidays.
5. Bonus, profit sharing, provident fund, and gratuity.
6. Classification by grades.
7. Rules of discipline.
8. Rationalisation.
9. Retrenchment of employees and closure of an establishment or
undertaking.
10. Any other matter that can be prescribed.
National Tribunal:
This is the third one man adjudicatory body appointed by the Central
Government by notification in the Official Gazette for the adjudication of
industrial disputes of national importance. The central Government may, if
it thinks fit, appoint two persons as assessors to advise the National
Tribunal. When a national tribunal has been referred to, no labour court or
industrial tribunal shall have any jurisdiction to adjudicate upon such
matter.
INDUSTRIAL DISPUTES
• An Industrial Dispute may be defined as a conflict or difference of
opinion between management and workers on the terms of
employment.
• When an industrial dispute occurs, both the parties, that is the
management and the workmen, try to pressurize each other.
• The management may resort to lockouts while the workers may resort
to strikes, picketing.
1. Model Standing Orders: Standing orders define and regulate terms and
conditions of employment and bring about uniformity in them. They also
specify the duties and responsibilities of both employers and employees
thereby regulating standards of their behavior. Therefore, standing orders
can be a good basis for maintaining harmonious relations between
employees and employers.
Under Industrial Dispute Act, 1947, every factory employing 100 workers or
more is required to frame standing orders in consultation with the workers.
These orders must be certified and displayed properly by the employer for
the information of the workers.
2. Code of Industrial discipline:
The code of Industrial discipline defines duties and responsibilities of
employers and workers. The objectives of the code are:
To secure settlement of disputes by negotiation, conciliation and
voluntary arbitration.
To eliminate all forms of coercion, intimidation and violence.
To maintain discipline in the industry.
To avoid work stoppage.
To promote constructive co-operation between the parties concerned
at all levels.
3. Works Committee: Every industrial undertaking employing 100 or more
workers is under an obligation to set up a works committee consisting equal
number of representatives of employer and employees. The main purpose of
such committees is to promote industrial relations. According to Indian
Labor Conference work committees are concerned with:-
Administration of welfare & fine funds.
Educational and recreational activities.
Safety and accident prevention
Occupational diseases and protective equipment.
Conditions of work such as ventilation, lightening, temperature &
sanitation including latrines and urinals.
Amenities such as drinking water canteen, dining rooms, medical &
health services.
The following items are excluded from the preview of the work committees.
Wages and allowances
Profit sharing and bonus
Programs of planning and development
Retirement benefits
PF and gratuity
Housing and transport schemes
Incentive schemes
Retirement and layoff