Professional Documents
Culture Documents
1.Dunlop Model
Dunlop views IR system as a sub-system of society.
According to him, IR is regarded as comprised of
- three actors
- three contexts
- an ideology that binds the industrial-relations
system together and
- a body of rules created to govern the actors at the
workplace.
2. Oxford Model
Notable exponent : Flanders, Clegg and Fox.
The IR system is a study of “institutions of job
regulations”
which is both, internal as well as external.
Definition of Job Regulation : Sub-system of
complex rules ineach industry
Internal is - code of work rules, wage structure,
internal procedure of joint consultation,
grievance handling, etc.
External is - Trade union
Elements of diffusion -
Emphasis has been on four key elements of the
technological change process
(1) an innovative technology
(2) communicated through certain channels
(3) to members of a social system
(4) who adopt it over a period of time.
Innovation
Rogers proposes that there are five main attributes of
innovative technologies which influence acceptance,
which he calls the ACCTO criteria. These are relative
Advantage, Compatibility, Complexity, Trialability,
and Observability.
Social system
The social system provides a medium through which and
boundaries within which,innovation is adopted. The
structure of the social system affects technologicalchange
in several ways. Social norms, opinion leaders, change
agents, governmentand the consequences of innovations
are all involved.
Time
Time enters into the acceptance process in several ways.
The time dimension relates to the innovativeness of an
individual or other adopter, which is the relative earlyness
or lateness with which an innovation is adopted.
3rd Question
Meaning and Definition of Trade Union:
A trade union is an association of workers formed with the object
of improving the conditions of workers. It is formed for protecting
the interests of workers. Workers have little bargaining capacity
when they are unorganized. In fact, trade union movement began
against the exploitation of workers by certain managements under
the capitalist system.
(3) To secure bonus for the workers from the profits of the
enterprise/organization.
(8) To secure for the workers better safety and health welfare
schemes.
Consequently, the date on which the dispute was initially raised holds
significant importance. The dispute may pertain to any specific worker
or worker or extend to any other individual in whom they have a
shared interest as a group.
A noteworthy legal precedent, as established in the case of Jadhav J.
H. v. M/s. Forbes Gokak Ltd (2005), is that even if a dispute involves
a single worker, it can be classified as an industrial dispute as long as
the dispute receives support from a union or a group of workers,
regardless of whether the supporting union represents the majority of
the union membership.
Conciliation
Arbitration
Adjudication
Conciliation method
Reconciliation authorities
Works committee
The Works Committee was the first group to negotiate
and resolve industrial disputes through conciliation.
According to Section 3(1), the Works Committee is
formed by the employer who employs or has employed
one hundred or more workers on any day in the previous
twelve months. Workmen’s representatives are chosen
from among the workers in cooperation with their Trade
Union if one exists. As a result, there are equal numbers
of members from the employer and the workforce on the
Works Committee.
Conciliation officer
Conciliation is an attempt by a third party to help
competing opponents find a resolution to a dispute by
employing various types of mediation, recommendations,
or guidance. This is especially true when the competitive
foes are an employer and an employee. Conciliation is
derived from the term “to reconcile,” which implies
resolving or settling by bringing together. It is the
process of seeking official mediation and attempting to
resolve a conflict.
Arbitration method
Arbitration Authorities
Arbitrator
The umpire
Arbitrator
The Arbitrator is the person named as such in the
arbitration agreement between the employer and the
workers under Section 10A of the Act. The presiding
officer of the Labour Court, Tribunal, or National Tribunal
may be nominated as an Arbitrator under this Act. The
term “arbitrator” includes an “umpire,” according
to Section 2(aa) of the Industrial Disputes Act of 1947.
The umpire
According to Subsection 10(1-A) of Section 10A, if an
arbitration agreement allows for the referral of industrial
disputes to an even number of arbitrators, the agreement
must also provide for the appointment of another person
as an umpire. If the arbitrators are evenly divided in their
opinions then this umpire has the authority to hear
industrial disputes.
Adjudication method
The adjudication of an industrial dispute is a mandatory
procedure for resolving the issue. After hearing both
parties and examining the merits of the disagreement
and information on record, the adjudicatory authority
assesses the rights and responsibilities of the parties to
the dispute and makes its award. If the aggrieved party
who is dissatisfied with the verdict does not appeal to the
appellate authority, the adjudicatory authority’s award is
final and binding on the parties.
According to Section 10 of the Industrial Disputes Act of
1947, when a disagreement or dispute is reported to
adjudicatory authority by the appropriate Government, it
can be resolved by adjudication. Even if the parties to the
dispute have not requested a referral to the adjudicatory
authority from the relevant Government, the appropriate
Government can do so at its discretion.
Adjudication authorities
Labour Court
Industrial Tribunal
National Tribunal
Labour courts
The appropriate Government has been empowered to
form the ‘Labor Court‘ by the notification in the Official
Gazette under Section 7 of the Act. A Labor Court is one
of the adjudication agencies established by the I.D.Act. It
consists of only one person who is to be selected by the
appropriate government to function as the presiding
officer if he meets the requirements outlined in the Act.
This officer will be the sole member of the Labour Court.
Industrial tribunal
The appropriate government may, by publication in the
Official Gazette, establish one or more tribunals for the
adjudication of industrial disputes concerning any topic
stated in the Second or Third schedules. A Tribunal
should be composed of only one person, the presiding
officer, who is chosen by the appropriate Government
under Section 7A(2) of the Act. A person selected as the
presiding officer of a Tribunal must meet the following
qualifications:
National tribunal
The Central Government may, by the notification in the
Official Gazette, establish one or more National Tribunals
for the adjudication of industrial disputes under Section
7B of the Industrial Disputes Act, 1947. The National
Tribunal was created to handle industrial disputes that in
the eyes of the Central Government, involved issues of
national significance or were of a character that would
likely interest or influence industrial establishments
located in many States.
GROUP = 2
2. It is a Continuous Process:
3. It is a Bipartite Process:
4. It is a Process:
Collective bargaining is a process in the sense that it consists of a
number of steps. The starting point is the presentation of charter of
demands by the workers and the last step is the reaching of an
agreement, or a contract which would serve as the basic law
governing labour-management relations over a period of time in an
enterprise.
7. It is Dynamic:
The main object of the organisation is to get the work done by the
employees at work at minimum cost and thus earn a high rate of
profits. Maximum utilization of workers is a must for the effective
management. For this purpose co-operation is required from the
side of the employees and collective bargaining is a device to get
and promote co-operation. The labour disputes are mostly
attributable to certain direct or indirect causes and based on
rumors, and misconceptions. Collective bargaining is the best
remedial measure for maintaining the cordial relations.
2. Discuss: Here, both the parties decide the ground rules that will
guide the negotiations and the prime negotiator is from the
management team who will lead the discussion. Also, the issues for
which the meeting is held, are identified at this stage.
The issues could be related to the wages, supplementary economic
benefits (pension plans, health insurance, paid holidays,
etc.), Institutional issues(rights and duties, ESOP
plan), Administrative issues (health and safety, technological
changes, job security, working conditions).
Works Committees:
The works committees have equal number of representatives from employer and
employee group. However, there are no bindings on the members of the committees.
The committee work on matters of common interest between employees and
employers. These aim to maintain peaceful and healthy relationships between
employees and employers.
Shop Councils:
A shop council is set-up only in enterprises employing 500 or more employees. It has
an equal number of employee and employer representatives. Whereas the employer
representatives are nominated by management, the worker representatives belong to
shop or concerned department. A council formed will function for a period of 2 years,
and must meet at least once in a month. The council arrives at a decision by consensus
and not by voting.
Joint Councils:
A Joint Council is set-up for tenure of two years. The Council is chaired by the chief
executive and members of the council must meet once in every four months. The
Secretary of the Council is responsible for the functions. The decisions of the Council
are taken by consensus and implemented in one month duration.
The main functions of Joint Council is to determine productivity norms, settle matters
which are unresolved by the Shop Council Body and ensure maximum production
using optimal utilization of resources. The Council also works to ensure general
health and safety of industry workers.
The ILO was created in 1919, as part of the Treaty of Versailles that
ended World War I, to reflect the belief that universal and lasting
peace can be accomplished only if it’s based on social justice. In
1946, the ILO became a specialized agency of the United
Nations.Its unique tripartite structure gives an equal voice to
workers, employers and governments providing a unique platform
for promoting decent work for all women and men.