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JK INSTITUTE OF TECHNOLOGY & MANAGEMENT

LABOUR LEGISLATIONS & INDUSTRIAL RELATIONS (PROF. PARVATHY K M)

ASSIGNMENT ANSWERS

1. In what way the advancement in technology and automation have affected the
industrial relation scenario in India?

The relations in the industrial relations in India have


changed in a way that now due to technology there is lot of scope for
improvement career wise management is concerned for the growth and
development of their staff, Staff is provided with regular training and updates.
Promotions are made possible due to the improvement in the relations.
Working staff is keener to perform due to the advanced working environment
and job satisfaction; they try to improve their standard to match up to the
needs of the company. Attention is provided to all the staff so there is job
satisfaction and so the work area is always disciplined and motivated.

The new technological developments and use of the


computers and the internet have vividly enhanced the industrial relations as
they facilitate constant and quality communication and updates regarding the
entire industry and its constituents. Tele-communication also has greatly
improved in recent times. India having adopted these advancements recently
but on an effective level has certainly changed and enhanced the scenario of
industrial relations today.

2. Factories Act. 1948 has revolutionized the concept of labour practices in


India. Do you subscribe to the view? Justify your answer in either case.

The Factories Act 1948 has actually revolutionized the concept


of labour practices in India. And yes I do agree with this view as this act
protects the labour from all the injustice that can be subjected upon them by
the employers. This gives the labour a power to demand and they know what
their rights are when they are working. So this strengthens the work force and
gives the labour a word in what is happening.

I completely subscribe to the view as the factories Act 1948


primarily put down beneficial laws for factories regarding their safeguarding
and existence which acts as a huge motivating factor for upcoming factories
and plants. As a result rapid industrialization and growth can be achieved in
an economy. Moreover it helps safeguard rights of the workforce and acts as a
motivating factor for the labour hence enhancing the quality and quantity of
their work in turn enhancing overall productivity.

3. What do you mean by Minimum Wages? Describe the provisions of fixation


and revision of minimum wages under Minimum Wages Act, 1948?

Minimum wage is the law stating the minimum amount that a


worker can be paid per hour. Australia, Canada, China, Belgium, France,
Greece, Hungary, India, Ireland, Japan, Korea, Luxembourg, the Netherlands,
New Zealand, Paraguay, Portugal, Poland, Romania, Spain, Taiwan, the
United Kingdom, the United States and others have laws of this kind. The
minimum wage is usually different from the lowest wage determined by the
forces of supply and demand in a free market, and therefore acts as a price
floor. Each country sets its own minimum wage laws and regulations, and
while a majority of industrialized countries has a minimum wage, many
developing countries have not.

Minimum wage laws were first introduced nationally in the


United States in 1938, India in 1948, and France in 1950, and in the United
Kingdom in 1998.In the European Union, 18 out of 25 member states
currently have national minimum wages.
Procedure for fixing and revising minimum wages

(1) In fixing minimum rates of wages in respect of any scheduled employment


for the first time under this Act or in revising minimum rates of wages so
fixed the appropriate government shall either -

(a) appoint as many committees and sub-committees as it considers necessary


to hold enquiries and advise it in respect of such fixation or revision as the
case may be or

(b) by notification in the Official Gazette publish its proposals for the
information of persons likely to be affected thereby and specify a date not less
than two months from the date of the notification on which the proposals will
be taken into consideration.

(2) After considering the advice of the committee or committee appointed


under clause (a) of sub-section (1) or as the case may be all representations
received by it before the date specified in the notification under clause (b) of
that sub-section the appropriate government shall by notification in the
Official Gazette fix or as the case may be revise the minimum rates of wages
in respect of each scheduled employment and unless such notification
otherwise provides it shall come into force on the expiry of three months from
the date of its issue :

Provided that where the appropriate government proposes to revise the


minimum rates of wages by the mode specified in clause (b) of sub-section (1)
the appropriate government shall consult the Advisory Board also.
4. Define Strike and Lock-out as mentioned in Industrial Disputes Act, 1947 and
explain the conditions under which a strike becomes illegal. Is the employer
empowered to deduct wages for strike period?

Strike action is the weapon of the workers most associated with


industrial disputes, and certainly among the most powerful. In most countries,
strikes are legal under a circumscribed set of conditions. Among them may be
that:

• The strike is decided on by a prescribed democratic process. (Wildcat strikes


are illegal).
• Sympathy strikes, against a company by which workers are not directly
employed, may be prohibited.
• General strikes may be forbidden by a public order.
• Certain categories of person may be forbidden to strike (airport personnel,
health personnel, teachers, police or firemen, etc.)
• Strikes may be pursued by people continuing to work, as in Japanese strike
actions which increase productivity to disrupt schedules, or in hospitals.

A lockout is a work stoppage in which an employer prevents


employees from working. This is different from a strike, in which employees
refuse to work.

A lockout may happen for several reasons. When only part of a


trade union votes to strike, the purpose of a lockout is to put pressure on a
union by reducing the number of members who are able to work. For
example, if the anticipated strike severely hampers work of non-striking
workers, the employer may declare a lockout until the workers end the strike.

Another case in which an employer may impose a lockout is to


avoid slowdowns or intermittent work-stoppages. Other times, particularly in
the United States, a lockout occurs when union membership rejects the
company's final offer at negotiations and offers to return to work under the
same conditions of employment as existed under the now-expired contract. In
such a case, the lockout is designed to pressure the workers into accepting the
terms of the company's last offer.
Report By: - Vineet. M. Ganvi.

For: - JKITM (LABOUR LEGISLATIONS & INDUSTRIAL RELATIONS)