Professional Documents
Culture Documents
SOCIOLOGICAL APPROACH
Sociological factors such as value system, customs and traditions etyc affect the
relations between labor and management
GIRI APPROACH
Collective bargaining and joint negotiations be used to settle disputes between labor
and management. Outside interference to be avoided.
GANDHIAN APPROACH
worker's right to strike but cautioned that this right be exercised in just cause and in a
peaceful and non-violent manner for minimum wages etc like ‘satyagrah’- Non violent
non- cooperation
EMPLOYEES EMPLOYERS
COURTS
GOVERNMENT &
TRIBUNALS
WORKERS and their ORGANIZATIONS( Trade Unions or Associations )
Trade Union Act provides Status and Authority for the power vested
in them
This power is used for negotiating Wage Interests, better benefits and
service conditions, concessions, more amenities and welfare schemes
It does it through :
- Statutes and legislations,
- The judiciary- labor courts industrial tribunals
- An executive machinery- that lays down rules, procedures
and
gives awards and monitors them
Dunlop’s model
INTERNAL FACTORS:
Attitudes of management to employees and unions
Effective and agreed procedures for discussing and resolving grievances or handling disputes within the company
Effectiveness and capability of managers and supervisors in resolving grievances and handling disputes.
;
EXTERNAL FACTORS:
members
Committed to promote industrial peace and
harmony
Inclined towards collective bargaining that
TYPES OF STRIKES:
OBJECTIVES
Lay down conditions governing the registration of trade unions
OBLIGATIONS:
It should have a name, clearly laid down objective, membership list readily available,
purpose for which funds shall be utilized, members to be the actually working persons ,
Honorary/temporary office bearers, conditions for benefits/fines, conditions under
which rules shall be amended, manner in which office bearers shall be appointed, safe
custody of funds and manner in which trade union shall be dissolved
-Provides suitable machinery for investigation, just, equitable and peaceful settlement
of industrial disputes and aims to provide justice both to employers and workmen
- Collective bargaining, Negotiation
Aims at promoting security, amity and good relations between employer and
employee or between employers and workmen or among workmen
Prevent illegal strikes and lockouts and explains the contingencies when
these can be lawfully resorted to or when these can be declared illegal or
unlawful.
Provide conditions and relief to workmen in the matters of lay-offs,
retrenchment, dismissals and victimization
Last in first out in a retrenchment case or specific reasons in case of others
Provides conditions under which an industrial unit can be closed down
60 days notice to be given of intention to close down any undertaking
Compensation to workmen in case of closing down
Get the workmen the right of collective bargaining and promote conciliation
Lists down unfair labor practices on the part of both parties introduced in
1984
KEY PROVISIONS OF ID ACT:
COLLECTIVE BARGAINING:
It is a technique by which disputes as to conditions of employment are resolved
amicably, by agreement rather than coercion
NEGOTIATION
CONCILIATION AND MEDIATION: It is facilitated negotiation, essential in public
utility services, Binding on parties to the disputes
ARBITRATION:
Voluntary Arbitration: agreement between workman and management, Send
copy to the Govt and conciliation officer, publication of agreement
ADJUDICATION
Compulsory Adjudication LC, IT, NT
Reference by the
Appropriate Government
Sec. 10(1)
Award Sec. 18(3) of ID Act
S. 2-A, 33-A
Publication of award
Collective Bargaining –
If successful – settlement
Sec. 18(1) of ID Act
Publication is must
Time duration of 30 days is directory
Award comes in to operation 30 days after
publication
Tribunal to recall the award
1. Freedom of association
◦ Workers and employers are free to form their
own associations to represent their interests.
2. Stability of union
◦ Unions have to be stable for collective
bargaining to be effective union is able to
honor the agreement.
3. Recognition of union by employer
◦ Collective bargaining begins after employer
recognizes the union that claims to represent
the specific group of workers.
4. Good faith
◦ Both parties must be willing to resolve differences
to reach an agreement.
5. Mutual respect
◦ Relationship affected and process becomes tense
and difficult if any party used unfair practices
such as victimization.
6. Supportive legal system
◦ Employment laws to ensure process takes place
in an orderly manner.
Process depends on these factors:
1. Subject matter to be discussed
2. Persons involved
3. Circumstances under which the discussion is
held.
A Typical Negotiation Process begins with
each party stating its position.
As discussion progresses, each party adjusts
its demands to seek a mutually acceptable
agreement.
1. Preparation
◦ Each party must know what it wants.
2. Presentation
◦ Each party presents its case.
3. Exchange and compromise
◦ Parties look for possible adjustment or
compromise.
4. Reaching an agreement
◦ Parties sign a written statement on what have
been agreed.
Impasse: settlement cannot be
reached
Impasses may be solved by these
alternatives:
◦ Conciliation
◦ Mediation
◦ Arbitration
Conciliation
◦ Impartial third party helps the two parties to
reach a mutually acceptable settlement.
◦ Conciliator meets parties separately or together
to exchange information, clarify issues and settle
misunderstanding.
◦ Conciliator does not impose a solution but works
with the parties to enable them to come to an
agreement.
Arbitration
◦ Third party settles the dispute by making an
independent decision for the two parties.
◦ Some prefer arbitration as the responsibility “for
reaching agreement” is made by a neutral party
(quite often, appointed by the government e.g.
Arbitration Court).
◦ Arbitration gives some people the impression that
they did not give in to the other party but “fought
all the way” to the Arbitration Court.
Mediation
◦ Impartial third party helps to reach
a mutually acceptable agreement.
◦ Mediator makes recommendations
for the two parties to consider.
◦ Final agreement is made by the two
parties themselves.