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• Dale Yoder has defined it as, “a relationship between management and employees or among
employees and their organisation, that characteristic and grow out of employment”.
• According to the International Labour Organisation (ILO), “Industrial Relations deal with
either the relationship between the state and employers’ and workers’ organisations or the
relation between the occupational organisations themselves.”
• In Edwin B. Flippo’s view the term’ Industrial relations’ refers to all types of relations that exist
in an industrial enterprise, and they are constituted by employer and employees. The term
denotes all types of intra-group relations within and inter- group relation between these
constituent groups.
• In other words industrial relations is that part of management which is related with the
human resources of the enterprise.
• It is, thus, the relationship created at different levels of the organization by the diverse,
complex and composite needs and aspirations and attitudes and approaches among the
participants.
• It is highly complex and dynamic process of relationships involving not only employees and
managements, but also their collective forums and the State.
ORIGIN
• Colonial-
the country controlled by the British and the industrial relations were only means to maintain
the colonies, the role of the state in that time was used to keep the peaceful industrial relations so
as to have continued production.
• Post colonial-
the state started to build its industrial relations structure on the pre-existing colonial law. The main
purpose of doing that was again to achieve industrial peace. The Indian state was tolerant of unions
and recognized the value of labor management cooperation in the context of planned economic
development
• Emergency
the power of the unions has been restricted, but because this period was very short, it did not have
a long term influence on the industrial relations.
• the last era of globalization and liberalization,
• the state recognized that the policies should be flexible in the workplace practices to keep
the industry competitive.
• Today the India employers facing the stress of fierce competition which come from the
globalization and they wish to maintain the competitiveness.
• The role of the India state runs through the whole industrial relations. There have always
been detailed laws on collective bargaining, dispute resolution, employee participation and
employment security.
• Three important pieces of legislation have played a very important role in shaping Indian
industrial relation, they are: Trade Unions Act, 1926 (TUA), The Industrial Employment
Act, 1946(IEA) and the Industrial Disputes Act, 1947(IDA). These three legislations
influence each other to produce the clear Indian system
SCOPE
• It is highly complex and dynamic process of relationships involving not only employees and
managements, but also their collective forums and the State.
• it denotes relations
i) among workers themselves within the class of employees,
ii) relations among the managements within the managerial class
iii) relations between two distinct classes of workers and management.
iv) It denotes all types of inter-group and intra-group relations within industry.
PARTIES
• The five main parties associated with any industrial relations system are
• the workers,
• the managements,
• the organizations of workers and managements,
• the State.
• The consumer
And the term industrial relations denote an organized relationship between organized parties
representing employers and employees regarding issues of collective interest.
FEATURES
• Industrial relations is the relation between management and employees.
• The relationship may be positive, negative or mixed.
• Pattern of IRs is influenced by people’s value, belief, perception, aptitude, personality,
attitudes, ethical value etc.
• The relationship is based on economic, non-economic issues arising out of terms and
conditions of employment as also practices not covered under the terms.
• Means of IRs are HR/IR policies, procedures, rules, regulations, legislations etc.
• Collective bargaining is the effective mechanism of shaping the pattern of industrial
relations.
• Changing economic scenario, technological advances, organization mission, strategic
approach, trade unions’ role contribute a lot to influence IRs pattern.
• State acts as regulator, facilitator in shaping IRs pattern in industry.
STATE PERFORMS THE FOLLOWING FUNCTIONS IN INDUSTRIAL RELATIONS:
• It mediates conflicts between the different parties in an industrial dispute by way of arbitration and
conciliation - for instance, by instituting industrial courts (emphasis added) and; conciliation boards,
officers, labour courts, tribunals, adjudication etc
• The role of the India state runs through the whole industrial relations. There have always been
detailed laws on collective bargaining, dispute resolution, employee participation and employment
security , wellbeing, working conditions, , discipline
• Three important pieces of legislation have played a very important role in shaping Indian
industrial relation, they are: Trade Unions Act, 1926 (TUA), The Industrial Employment
Act, 1946(IEA) and the Industrial Disputes Act, 1947(IDA). These three legislations
influence each other to produce the clear Indian system As the situation in china, the India
government plays a major role in regulating the industrial relations. After the year 1947, the
country become independent and many trade union leaders have the important positions in
the government too
• The government forces employers to recognize labor unions and negotiate with them in a
process called "mandatory collective bargaining." Unions are recognized by law as
"exclusive bargaining representatives" who may prohibit individual workers in their
bargaining units from negotiating individual working arrangements ..
INDUSTRIAL RELATIONS – OBJECTIVES
• The primary objective of industrial relations is to bring about sound and healthy relations between employers
and employees.
• In addition to the primary objective, industrial relations aim:
• (i) To facilitate increased production and productivity;
• (ii) To safeguard the rights and interests of both labor and management by enlisting their co-operation;
• (iii) To avoid unhealthy atmosphere in the industry, especially work stoppages, go-slows, gheraos, strikes,
lockouts; and
• (v) To achieve a sound, harmonious and mutually beneficial labor management relations.
CONT…..
• (vi) To control and discipline parties concerned and adjust their conflicting interests.
• (vii) Improvement in the economic conditions of workers in the existing state of industrial
management and political government;
• (ix) Socialization or rationalization of industries by making the state itself a major employer;
and
• (x) Vesting of a proprietary interest of the workers in the industries in which they are
employed
INDUSTRIAL RELATIONS – FUNCTIONS
• iii. To ensure creative contribution of trade unions to avoid industrial conflicts, to safeguard
the interests of workers on the one hand and the management on the other hand, to avoid
unhealthy, unethical atmosphere in an industry.
• iv. To lay down such considerations that may promote understanding, creativity and co-
operativeness to raise industrial productivity, to ensure better workers’ participation.
HOW DOES “INDUSTRIAL RELATIONS” BENEFIT THE EMPLOYEE?
• Union Representatives
• Trade and/or labour unions resist the exploitation of employees by employers through equal bargaining
power, and represent workers’ interests in the employment relationship.
• It is the union (rep), on behalf of the worker, who ensures that the employee benefits from Industrial
Relations and aim to secure the workers by helping them to have:
• Union Reps
• Trade and/or labour unions represent the employees in negotiations with the employer.
• Because the union rep represents the multitudinous voices of the employees, it allows the employer to
hear only one clear and concise argument on behalf of the workers instead of having to field the same
comments/concerns from hundreds of employees who are all saying the same thing.
• Union reps save the employer time and thus money in this way.
• It also saves the employer man-hours and communication struggles by creating a platform for two-way
communication between a large group of employees and a usually smaller group of employers.
NEED FOR GOOD INDUSTRIAL RELATIONS :
• Good industrial relations are necessary for the following reasons:
• 1. To help in the economic progress of a country. The problem of an increase in productivity is
essentially the problem of maintaining good industrial relations. That is why they form an important
plank of the economic development plan of every civilized nation
• 2. To help establish and maintain true industrial democracy which is a prerequisite for the
establishment of a socialist society.
• 3. To help management both in the formulation of informed labour relations policies and in their
translation into action.
• 4. To encourage collective bargaining as a means of self-regulation. They consider the negotiation
process as an educational opportunity, a chance both to learn and to teach.
• 5. To help government in making laws forbidding unfair practices of unions and employers. In a
climate of good industrial relations, every party works for the solidarity of workers’ movement.
Unions gain more strength and vitality.
• 6. To boost the discipline and morale of workers. Maintenance of discipline ensures orderliness,
effectiveness, and economy in the use of resources. On the other hand, lack of discipline means waste,
accidents, and confusion. It also means insubordination and non-cooperation.
THE IMPORTANCE OF GOOD INDUSTRIAL RELATIONS
• Social security and employment guarantee schemes are provided for un-organised /agriculture
workers
1. Internal Factors
• 2. External Factors
• 3. Institutional Factors
• 4. Economic Factors
• 5. Social Factors and cultural
• 6. Technological Factors
• 7. Psychological Factors
• 8. Political Factors
• 9. Enterprise-Related Factors
• 10. Global Factors
• 11. Market Condition
• 12. Ideological Factors
• 13. Conditions for Congenial Industrial Relations.
• INDUSTRIAL DISPUTES – MODULE II
MEANING AND DIFINATION
• The Industrial Disputes Act, 1947 defines an industrial dispute as, “any dispute or difference
between employers and employers, or between employers and employees, or between
employees and employees, which is connected with the employment, or non employment, or
the terms of employment or with the conditions of work of any person.”
• Lock out Lock out is resorted to by the employers to put pressure on their employees. Lock
out is undertaken by the employers to force the employees to resume work on the terms and
conditions of employers.
• 5. Boycott:The workers may boycott use of company’s product. They may request the
general public also to do so. This adversely affects the sale of company’s product.
TYPES OF INDUSTRIAL DISPUTES:
The ILO’ has classified the industrial disputes into two main types
• 1. Interest Disputes:
• These disputes are also called ‘economic disputes’. Such types of disputes arise out of terms
and conditions of employment either out of the claims made by the employees or offers
given by the employers. Such demands or offers are generally made with a view to arrive at
a collective agreement. Examples of interest disputes are lay-offs, claims for wages and
bonus, job security, fringe benefits, etc.
• The common consequences of industrial disputes are loss of production, income, and employment
and increase in inflation and cost of living. Alternatively speaking, industrial disputes injure
economic welfare of the nation broadly in two ways.
• Firstly, work-stoppages impoverish the workers actually involved in the disputes and, thus, lessens,
their demand for the goods manufactured by other industries.
• Secondly, if the industry under work-stoppage manufactures items that are used in the conduct of
other industries, it lessens the supply of raw materials for their production.
• This ultimately results in loss of output and, in turn, reduces the national income. To quote the value
of production loss, which was Rs. 537.8 lakhs in 1961, has increased to Rs. 4,545.9 lakhs in 1995,
i.e., an eight-time increase in the production loss.
METHODS OF SETTLING INDUSTRIAL DISPUTES
COLLECTIVE BARGAINING
• The final outcome of bargaining may also depend upon the art, skill
and dexterity of displaying the strength by the
representatives of one party to the other.
CONCILIATION
• Industrial discipline can thus be defined as “the orderly conduct of affairs by the members of an
industrial organisation who adhere to its necessary regulations because they desire to co-operate
harmoniously in forwarding the end which the group has in view and willingly recognise that to
do this, their wishes must be brought into a reasonable union with requirements of the group in
action”.
TYPES OF INDUSTRIAL DISCIPLINES
• Disciplinary problems may be classified on the basis of the severity of the consequences which flow
from them. They are generally divided into three categories. They are:
• Minor Infractions,
• Major Infractions, and
• Intolerable Offenses.
7 IMPORTANT PRINCIPLES FOR MAINTENANCE OF DISCIPLINE
• (a) As far as is possible, all the rules should be formed in cooperation or collaboration with the representatives of
employees.
• (b) All the rules should be appraised at frequent or regular intervals to ensure that they are and continue to be, appropri ate,
sensible and useful.
• (c) Rules should be uniformly enforced if they are to be effective. They must be applied without exception.
• (d) Penalties for any violation of any rule should be clearly stated in advance.
• (e) Extreme caution should be exercised to ensure that infringements are not encouraged.
• (f) If violations of a particular rule are fairly frequent; the circumstances surrounding them should be carefully investi gated
and studied in order to discover the cause or causes of such violation.
• (g) Define or precise provisions for appeal or review of all disciplinary actions should be expressly mentioned in the
employee’s handbook.
DETERMINANTS OF INDUSTRIAL DISCIPLINE
• (b) getting the answer for the letter of charge served there is consideration of explanation
• (c) Issue of show cause Notice – is done by the manager when he / she believe that there is
sufficient prima facie evidence of employee’s misconduct.
• (d) Notice of Enquiry is served when sufficient misconduct is observed. This notice is
served, indicating the name of the enquiry officer / time date and place of enquiry etc.
• (e) Holding Enquiry – This is in conformity with natural justice i.e. the employee must be given
an opportunity of being heard. When this enquiry process is over, the findings of the same are
recorded, the enquiry officer suggests, the nature of disciplinary action to be taken.
• (f) Making final order of punishment – When the misconduct is proved then on deciding the
nature of disciplinary action, employee’s previous record / presents / effect of disciplinary action
on other employees etc. have to be considered.
• (g) Appeal against the order of the Enquiry Officer. Where the employee feels that the enquiry
conducted was not proper and action taken is unjustified he / she is given the chance to make
appeal
• (h) Follow up-After taking the disciplinary action, a proper follow up action has to be taken.
INDUSTRIAL DISCIPLINE – CAUSES OF INDISCIPLINE IN INDUSTRIES
• According to Kerth Davis, grievance may be defined as “any real or imagined feeling of
personal injustice which an employee has concerning his employment relationship.”
1) Factual : When the employee is dis-satisfied due to some legitimate or genuine reason like not
fulfilling any factual needs. The grievance is regarded as factual.
• i) Suggestion Boxes:
• Employees are encouraged to bring to the mind of management, their complaints and
suggestions. They are directed to do so without signing their complaints in order to reduce
their insecurity or fear of being ridiculed or punished.
• 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:
HOW SHOULD I HANDLE A GRIEVANCE? : PRACTICAL TIPS FOR MEDIATION
• 2. Be accessible:
• Make sure your employees know how to use the procedures. Encourage complaints! Seeing the
grievance procedure working effectively is the best advertisement you can have for resolving
workplace grievances.
• 3. Informality:
• Discussions should be held in a non-threatening atmosphere. Verbal is better than written. No one
should receive a printed form letter in response to a problem. Remember, when such a letter is
perceived as “legal”, your employee may feel they need “legal” assistance.
• 4. Be consistent: Having policies and procedures in place means that all employees are
treated in the same way.
• 5. Admit errors: If you have acted incorrectly or inappropriately – say so! Then fix the
problem.
• 6. Closure: Decide your response/action and give a full explanation. This allows the matter
to be finalised.
• 7. Learn from it: The resolution of this grievance should give you practical insight in how
to deal with this situation (and possibly others) in the future.