Professional Documents
Culture Documents
3. Marxist approach.
Marxist regard conflict as inevitable but see it as a product of
capitalistic society whereas pluralist belief that the conflict is
inevitable in all organizations.
For them conflict arises not because of rift between management
and workers but because of the division in the society between
those who own the resource and those who have only labour to
offer.
It focuses on the type of society on which an organisation
functions.Industrial conflict is thus equated with political and social
disputes.
It focuses on the type of society on which an organisation functions.
Industrial conflict is thus equated with political and social disputes.
Trade unions are seen both us labour reaction to exploitation by
capitalists as well as a weapon to bring about revolutionary social
change. Wages related dispute as secondary.
For them all strikes are political and they regard state intervention as
supporting management ‘s interest rather than ensuring a balance between
the competing groups.
4. Systems approach
o IR is a social subsystem within the economical political system
Component
Actors-Employees, employers, government and trade unions.
Contexts –influence and constraint on decision and action e.g. market,
technology, demography, industrial structure
Ideological- beliefs affecting actors views shared or in conflict.
Rules- regulatory elements- i.e. the term and nature of the employment
relationship developed by IR processes.
Other approaches of industrial relations
a. Psychological approach.
Differences in the perceptions of labor and
management with factors
influencing their relations i.e. wages, benefits service
and working Conditions etc. sociological
factors .
• Dissatisfaction compels workers to turn aggressive
and resort to strikes, lockout and gherao etc.
b. Sociological approach
• sociological factors i.e. value system, customs and
traditional etc. affect the relations between labor
and management
C.Human relations approach
• Human behavior is influenced by feelings
sentiments and attitudes. As per this
approach humans are motivated by variety of
social and psychological factors like economic
and non-economic awards be used.
e.Giri approach
• Collective bargaining and joint negotiation be
used to settle disputes between labor and
management. outside interference to be
avoided.
PRINCIPLES OF GOOD INDUSTRIAL RELATIONS
The willingness and ability of management and trade unions to deal with the
problems freely, independently and with responsibility.
Recognition of collective bargaining.
Desirability of associations of workers and managements with the
Government while formulating and implementing policies relating to general
economic and social measures affecting industrial relations.
Fair redress of employee grievances by the management
Providing satisfactory working conditions and payment of fair wage.
Introducing a suitable system of employees education and training.
Developing proper communication system between management and
employees.
To ensure better working conditions, living conditions and reasonable wages.
To develop employees to adapt themselves for technological, social and
economic changes.
To make positive contributions for the economic development of the country.
ROLES OF WORKERS, MANAGEMENT AND GOVERNMENT.
ROLE OF WORKERS:
I. workers and their organizations create unions or
associations
II. trade unions have a protecting role of safeguarding
workers interests.
III. Regulating functions of implementation of statutes acts
IV. Ensuring non-violation of workers rights
V. Trade unions acts provides states and authority for the
power invested in them
VI. Trade unions differs from country to country.
VII.This power is used for negotiating wage interest, better
benefits and service,Conditions, concessions, more
amenities and welfare schemes.
ROLE OF GOVT IN INDUSTRIAL RELATIONS:
• The degree of State intervention is also
determined by the stage of economic develop.
For example, in a developing economy like ours,
work-stoppages to settle claims have more
serious consequences than in a developed
economy
• Similarly, a free market economy may leave the
parties free to settle their relations through
strikes and lockouts but in other systems varying
degrees of State participation is required for
building up sound industrial relations.
ROLE OF MANAGEMENT IN
INDUSTRIAL RELATIONS:
Management must make genuine efforts to provide
congenial work environment.
They must make the employees feel that they are
genuinely interested in their personal development.
Adequate opportunities for appropriate
programmes of training and development should be
provided.
Managements must delegate authority to their
employees commensurate with responsibility.
They must evolve well conceived and scientific wage and
salary plan so that the employees may receive just
compensation for their efforts.
They must devise, develop and implement a proper incentive
plan for personnel at all levels in the organization.
There must be a well-planned communication system in the
organization to pass on information and to get feedback from
the employees.
Pay personal attention to the problems of their employees
irrespective of the fact whether they arise out of job
environment or they are of personal nature.
Evolve, establish and utilize appropriate machineries for
speedy redressal of employees grievances.
Provide an enlightened leadership to the people in the
organization.
UNIT II:
INDUSTRIAL DISPUTE
Industrial dispute’ means “any dispute or difference
between employers and employees or between
employers and workmen or between workmen and
workmen, which is connected with the employment
or non-employment or the terms of employment or
with the conditions of labour of any person.
• Industrial dispute does not merely refer to
difference between labour and capital as is generally
thought, but it refers to differences that affect groups
of workmen and employers engaged in an industry.
CAUSES OF INDUSTRIAL DISPUTES
a. Management’s general apathetic towards workers
b. Lack of proper fixation of wages
c. Bad working conditions.
d. Introduction of changes.
e. Lack of competence or training
f. Heavy work-loads to worker, unfair labour practices (such as
victimization or undue dismissal).
g. Lack of strong and healthy trade unionism.
h. Lack of a proper policy of union recognition and inter-union
rivalries.
I. A spirit of non-cooperation and a general tendency among
employees to criticize or oppose managerial policies or
decisions even when they may be in the right directions.
j. A fall in the standard of discipline among employees
k. Difference in regard to sharing the gains of increased
productivity.
l. Inadequate collective bargaining agreements.
m. Combination of too much law and too little respect
for law even at high levels.
n. Growing fictional and personal difference among
rank-and-file employees who are union members
o. Political environment of the country.
p. Agitation and wrong propaganda by selfish labour
leaders to further their own interests of their own
party.
FORMS OF DISPUTES
• Strikes, lockouts and gheraos are the most common forms
of disputes.
a. Strike
• “Strike” means a cessation of work by a body of persons
employed in any industry acting in combination; or a
concerted refusal or a refusal under a common
understanding or number of persons who are or have been
so employed to continue to work or to accept employment.
The following points may be noted regarding the definition of
strike:
• Strike can take place only when there is a cessation of work
or refusal to work by the workmen acting in combination or
in a concerted manner.
TYPES OF STRIKES
I. Stay-in, sit-down, pen-down strike: In all such cases, the
workmen after taking their seats, refuse to do work. All such
acts on the part of the workmen acting in combination,
amount to a strike.
II. Go-slow: Go-slow does not amount to strike, but it is a
serious case of is conduct.
III. Sympathetic strike: Cessation of work in the support of the
demands of workmen belonging to other employer is called a
sympathetic strike. The management can take disciplinary
action for the absence of workmen.
IV. Hunger strike: Some workers may resort to fast on or near
the place of work or residence of the employers.
V. Work-to-rule: Since there is a no cessation of work, it does
not constitute a strike.
LOCKOUT
• Section 2(1) of the Industrial Disputes Act, 1957 defines
“lockout” to mean the temporary closing of a place of
employment or the suspension of work, or the refusal by
an employers to continue to employ any number of
persons employed by him.
• Thus, Lockout is the counterpart of strike – the
corresponding weapon the hands of employer to resist
the collective demands of workmen or to enforce his
terms.
• It has been held by the courts that the suspension of work
as a disciplinary measure does not amount to lockout.
• Temporary suspension of work called lay-off is not lock-
out.
GHERAO
• It means encirclement of the managers to
criminally intimidate him to accept the demands
of the workers.
• It amounts to criminal conspiracy under Section
120-A of the I.P.C.
• It is not saved by Sec. 17 of the Trade Unions Act
on the grounds of its being a concerted activity.
REGULATION OF STRIKES AND LOCK-OUTS
• Employees do not have an unfettered right to go on
strike nor do employers have such right to impost
lockout. The Industrial Disputes Act lays down
several restrictions on the rights of both the parties.
• Those which are illegal from the time of their
commencement; and Those which are not illegal at
the time of commencement but become illegal
subsequently.
• Section 22 and 23 of the ULA 2006 provide for
certain restriction which if not followed make strikes
and lockouts illegal from their very commencement.
• According to this section, no person employed
shall go on strike in breach of contract-
• Without giving notice of strike to the employer,
as there matter provided, within 6 week before
striking; or
• Within fourteen days of giving such notice; or
• Before the expiry of the date of strike specified in
any such notice as aforesaid; or
• During the pendency of any conciliation
proceedings before a Conciliation Officer and
seven days after the conclusion of such
proceedings.
CONSEQUENCES OF ILLEGAL STRIKES AND LOCK-
OUTS
a.Penalty for illegal strikes [Sec.26(1)]:
• Any workman who commences, continues or otherwise
acts in furtherance of a strike which is illegal, shall be
punishable with imprisonment for a term which may
extend to 1 month, or with fine which may extend to
Ush 120,000, or with both.
b.Penalty for illegal lock-out [Sec.26(2):
• Any employer who commences, continues or otherwise
acts in furtherance of a lock-out which is illegal, shall be
punishable with imprisonment for a term which may
extend to 1 month, or with fine which may extend to
Ush. 200,000 or with both.
c.Penalty for instigation, etc. [Sec. 27]:
• Any person who instigates or incites others to take part
in, or otherwise acts in furtherance of, a strike or lock-out
which is illegal, shall be punishable with imprisonment
for a term which may extend to 6 months, or with fine
which may extend to Ush. 200,000 or with both.
d.Penalty for giving financial aid for illegal strikes and lock-
outs [Sec. 28] :
• Any person who knowingly expends or applies any
money in direct furtherance or support of any illegal
strike or lock-out shall be punishable with an
imprisonment for a term which may extend to 6 months,
or with fine which may extend to Ush,250,000 or with
both.
MACHINERY FOR PREVENTION AND
SETTLEMENT OF INDUSTRIAL RELATIONS
A.VOLUNTARY METHODS
Code of discipline
• It provides guidelines for the workers, unions and
employers.
• It creates an environment of mutual trust and
cooperation .
• To settle the disputes by mutual negotiation,
conciliation and voluntary arbitration.
• It requires the employers and workers to utilize the
existing machinery for the settlement of disputes.
provisions of code of discipline are:
Labour Administration
(States & Central Levels)