LABOUR

PROBLEM
Unit= 3
 DICIPLINE & Misconduct
◦ The employment under a particular employer is also subject to certain rules and. certain discipline, and any act in violation of
such rules or discipline will be a. misconduct. Thus in industrial law, misconduct is an act which makes the workman.
committing such act liable for punishment.
◦ It includes theft, fraud, assault, intoxication at work or failure to follow a lawful and reasonable instruction that is in keeping
with the employee's contract of employment.
◦ The main types of misconduct are: offensive behavior, damage and theft, unsafe behavior and general policy infractions.
◦ conduct and discipline imply the behaviour of the personnel and bringing them under control and to train them to obedience
and order. Hence, conduct and discipline are essential measures to be taken to build up sound personnel system.
◦
Work discipline refers to the policies, environment and ethics in a place of work. Discipline can also refer to measures which
correct unwanted behaviour. Promoting good discipline at work means that everyone follows the same rules and workplace
ethics, in addition to completing their responsibilities regularly
Grievance Handling Procedure
◦ A grievance is a work-related complaint brought by an employee. Grievances should be used to bring issues to the employer’s
attention for the matter to be investigated and resolved fairly.
◦ Examples of reasons for making a work-related grievance can include health and safety concerns, harassment from another
member of staff, the behaviour of a line manager, or worries over changes in work conditions.
◦ Employees are generally expected to raise any workplace concerns informally, usually to their line manager or supervisor. In
most cases, the issue will be satisfactorily resolved. Where the employee is not satisfied that the issue has been addressed, they
have the right to bring a formal complaint (‘grievance’). The employer must then respond to the complaint and by following a
fair and lawful grievance procedure.
◦ Step 1: Responding to a grievance letter
◦ The first step in a grievance procedure, where the employee has raised the issue informally (if
appropriate) without a satisfactory outcome, is for the employee to write a grievance letter. This should
detail the nature of their complaint and provide any evidence in support.
◦ Step 2: Investigation
◦ A fair process requires a full consideration of the facts relating to the complaint. To determine the facts,
the employer should conduct an investigation. The investigation should be carried out by a member of
staff who is not involved in the complaint. Depending on the size of the business, this may fall to a
member of the HR department, an unrelated manager or the business owner themselves. For smaller
companies, it may require an external professional to be commissioned, to ensure the investigation
remains objective and fair for all parties concerned. A written record should be kept of all information
gathered, contact and communications with all parties, be that the employee, other staff member or
source of specialist knowledge, decisions reached, actions taken and the response of the employee who
raised the grievance. Any personal information should be kept confidential to protect the rights of all
concerned.
◦ Step 3: Grievance hearing
◦ At the grievance hearing, all evidence and statements should be examined to allow the employer to decide on the grievance outcome.
◦ Copies of all relevant documents, including statements, should be provided to the employee before the hearing. The employee may ask
their witnesses to attend the hearing. The employer may also call witnesses to the hearing.
◦ The grievance hearing should be held in a private room where there will be no interruptions.
◦ Notes should be taken during the hearing. The employee should be asked to review the notes and sign and date a copy at the end of the
meeting as a record of their contemporaneous agreement.

◦ Step 4: Grievance outcome

◦ After a formal grievance procedure, the employer should decide on what is fair and reasonable based on the findings from their
investigation(s) and the hearing, as well as what decisions have been made in any similar cases in the workplace.
◦ Step 5: Grievance outcome letter
◦ Following a grievance hearing, the employer’s decision and the outcome of that hearing must be set out in writing. Regardless of
whether the grievance is upheld or rejected, the employer must set out the reasons for their decision and, where appropriate, the steps that
will be taken. The employer must also inform the employee of their right to appeal. The employee can appeal a grievance outcome if
they feel that the action decided upon will not resolve the problem, or that any stage of the grievance procedure was wrong or unfair.
◦ Step 6: Appeals process
◦ Following a grievance hearing, an employee has the right to challenge an employer’s decision. When you write to them with your
decision, you must advise of their right to appeal, including the timeframes in which they can make their appeal against the grievance
outcome.
Labourturnover
◦ Labour turnover refers to the net departure of employees over a defined period of time. It can be divided into voluntary vs.
involuntary and avoidable vs. unavoidable labour turnover. Some common causes of labour turnover include employee
dissatisfaction, organisational downsizing, and employee relocation.
◦ Employee turnover is the percentage of employees that leave your organization during a given time period. Organizations
typically calculate turnover rates annually or quarterly. They can also choose to calculate turnover for new hires to assess the
effectiveness of their recruitment policy.
◦ In an HR context, (high) turnover refers to the number of workers who leave the organization. In most cases, these leavers
need to be replaced by new employees. Employee turnover often is a result of poor hiring decisions and bad management.
◦ Example: If your company had an average of 50 employees for the month of May and in that same month, four employees
left, then your average labour turnover calculation would be (4/50) x 100 = 8. So for the month of May, your company had an
8% labour turnover rate.
Absenteeism
◦ Absenteeism is a habitual pattern of absence from a duty or obligation without good reason. Generally, absenteeism refers to unplanned absences.
Absenteeism has been viewed as an indicator of poor individual performance, as well as a breach of an implicit contract between employee and
employer.
◦ Absenteeism is broadly defined as employee absence from work for lengths beyond what is considered an acceptable time span. Frequent causes of
absenteeism include burnout, harassment, mental illness, and the need to care for sick parents and children.
◦ Absenteeism refers to an employee's habitual absence from work—usually intentional and without any good reason. Some of the main reasons for
absenteeism include workplace harassment, family-related issues, illness, and job hunting.
Here are the best strategies you can employ to reduce employee absenteeism:
◦ Create a clear attendance policy.
◦ Reward good attendance.
◦ Address unsanctioned absences immediately.
◦ Improve employee well-being.
◦ Offer flexible work options. ...
◦ Encourage employee engagement.
◦ Foster a teamwork culture.
◦ Provide feedback.
Worker’s Participation in Management
◦ The role of workers' participation in management is essential for development. The company will make better decisions if
workers are involved. They understand the groundwork better. Also, employee satisfaction leads to fewer turnovers. Thus, the
results in every company should include every person.
◦ Workers participation in management refers to the participation of the workers in the decision-making process of the
organization. This has an incredibly positive impact on the mental and psychological health of the workers, and they are
associated with the organization
◦ Employee participation is the process of employees being actively involved in the decision-making of an organisation or
business. This contrasts with businesses and workplaces where employees follow orders and carry out requests from senior
managers and leaders.
◦ Article 43 A of the Constitution of India has provided for WPM in these words: “The State shall take steps, by suitable
legislation, or in any other way, to secure the participation of workers in management of undertakings, establishments or other
organisations engaged in an industry”.
Industrial Accidents
◦ An industrial accident is a serious event that involves hazardous materials and that can have consequences for the surrounding
population and environment. Depending on the nature of the products involved, the accident can take the form of a fire, an
explosion or the emission of toxic or radioactive material.
◦ December 3, 1984: The Bhopal disaster in India is one of the largest industrial disasters on record. A runaway reaction in a
tank containing poisonous methyl isocyanate caused the pressure relief system to vent large amounts to the atmosphere at a
Union Carbide India Limited plant.
◦ The Bhopal disaster was a chemical leak that occurred on December 3, 1984, in the Indian city of Bhopal. It killed an
estimated 15,000 to 20,000 people. At the time, it was the worst industrial accident in history.
◦ Normal human factors that cause modern mishaps include: Human Error – Mistakes made by workers, such as
miscommunication, lack of training, or negligence, can lead to accidents. Unfortunate housekeeping – An unkempt work area
can prompt slips, excursions, and falls.
◦ Industrial accidents occur due to certain acts on the part of workers. These acts may be the result of lack of knowledge or skill
on the part of the worker, certain bodily defects and wrong attitude.
Industrial Unrest
◦ a state of disagreement between employers and employees, resulting in action taken by employees as a protest, such as
striking.
◦ Causes of industrial disputes can be broadly classified into two categories: economic and non-economic causes. The economic
causes will include issues relating to compensation like wages, bonus, allowances, and conditions for work, working hours,
leave and holidays without pay, unjust layoffs and retrenchments.
◦ Industrial unrest is the term used to describe activities undertaken by the workforce when they protest against pay or
conditions of their employment. Historically, riots also took place, such as the action taken by the Luddites during the
Industrial Revolution.
◦ Industrial violence refers to acts of violence which occur within the context of industrial relations. These disputes can involve
employers and employees, unions, employer organisations and the state. There is not a singular theory which can explain the
conditions under which industrial conflicts become violent.
Strikes & Lockouts
◦ A strike is a form of industrial action taken by workers to protest against their working conditions or pay. Workers refuse to
work until their demands are met. On the other hand, lockouts are industrial actions taken by employers to prevent workers
from entering the workplace.
◦ A lockout is a company's response to workers who are disputing conditions or planning a strike. During a lockout, managers
don't allow workers to come to work until they agree to the company's terms of employment. A lockout is sort of the opposite
of a strike.
◦
strike" means concerted action resulting in a cessation of work, a refusal to work or to continue to work by employees, or a
slow-down or other concerted activity of employees that is designed to or does limit production or services, but does not
include an act or omission required for the safety or health of employees
◦ Lockouts are usually implemented by simply refusing to admit employees onto company premises, and may include changing
locks or hiring security guards for the premises. Other implementations include a fine for showing up, or a simple refusal of
clocking in on the time clock.
◦ Strike means an organized and intentional stoppage or slowdown of work by employees, intending to make the employer
comply with the demands of the employees. For example, a strike may seek higher pay, better benefits, or safer working
conditions.
Settlements of Industrial Disputes
◦ According to Section 2 (p) of the Industrial Dispute Act, 1947 “Settlement” means a settlement arrived at in the course of
conciliation proceeding and includes a written agreement between the employer and workmen
◦ The aim of the dispute settlement mechanism is to secure a positive solution to a dispute. A solution mutually acceptable to the
parties to a dispute and consistent with the covered agreements is clearly to be preferred.
◦ The ultimate remedy for the settlement of an industrial dispute is its reference to adjudication by labour court or tribunals
when conciliation machinery fails to bring about a settlement. Adjudication consists of settling disputes through intervention
by the third party appointed by the government
◦ Industrial Dispute means any dispute or differences between employers and employers 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.
◦ A settlement is simply an agreement between the parties whereby the parties agree to resolve their differences based on certain
terms and conditions. In that sense, a settlement is simply a contract between the parties, and like a contract of employment,
can be either formal or informal.
◦ The Industrial Disputes Act, 1947 extended to the whole of India and regulated Indian labour law so far as that concerns trade
unions as well as Individual workman employed in any Industry within the territory of Indian mainland.
Conciliation
◦ Conciliation is a voluntary process in which a professional facilitator assists employers and employees to resolve disputes
when their own unassisted efforts have not succeeded. The process can be described as a facilitated search for agreement
between disputing parties.
◦ Conciliation is free, flexible, and informal. It can lead to a fast resolution. Conciliation gives the person who made the
complaint (the complainant) and the person, service provider or organisation being complained about (the respondent) a
chance to talk about the complaint with the aim of resolving it.
 Arbitration
◦ Arbitration is the most traditional form of private dispute resolution. Arbitration is a binding procedure. It is often
"administered" by a private organization that maintains lists of available arbitrators and provide rules under which the
arbitration will be conducted.
◦ Arbitration has four types of functions: resolving contractual disputes between management and labor, addressing interests of
different parties in bargaining situations such as public sector labor relations, settling litigated claims through court-annexed
programs, and resolving community disputes.
◦ If the parties' contract is silent on the issue, arbitrability is decided by the court. However, when the parties explicitly agree in
their contract to delegate questions of arbitrability to an arbitrator, then such decisions are to be made by the arbitrator, not the
court.
Adjudication
◦ Adjudication is the process of final and authoritative determination of the existing rights and claims of people to land. This
may be in the context of first registration of those rights, or it may be to resolve a doubt or dispute after first registration.
◦ verbmake a determination; settle an issue. adjudge. adjudicate. agree. arrive at conclusion.
◦ Adjudication is used to resolve the differences that exist between two parties. The differences lead to disputes that require the
intervention of a third party.
◦ Adjudication is the process of evaluating the results of a job candidate's background check against your company's
employment screening policy to help filter out candidates who may not meet your hiring guidelines.
◦ Adjudication allows for a faster resolution of disputes, as the process is typically quicker than going to court. Cost-effective:
Adjudication often costs less than traditional litigation, as the process is typically less formal and less time-consuming.
Consultative Bodies
◦ Consultative can be used to describe anything or anyone in the business of providing advice or
counsel. It's often used to refer to a formal group, such as a consultative committee that
advises a government, or a company that provides consultative services in a particular area of
expertise.
◦ A consultative role will focus on giving advice and recommendations to the individual, their
carer and other professionals involved in their care.
◦ A consultation is a conference or meeting at which opinions are exchanged or advice is
prescribed. If one doctor says your severe blueberry allergy is cured, you might want a
consultation with another doctor before indulging in the forbidden fruit.
Bipartite & Tripartite
◦ Tripartite refers the three parties and bitripartite refers two parties. The tripartite body was establish to make peace and
improve relations between management and unions and maintain smooth functioning of union management relation
◦ A bipartite cooperation institution is a forum where workers and management communicate and consult with each other
regarding issues relating to industrial relations, enterprise sustainability and workers' welfare. LEGAL REFERENCES:
MANPOWER ACT NO. 13 OF 2003, ART.
◦ Tripartite bodies of Industrial relations: The government, the employees, and the employer are three parties in an industry that
creates tripartite bodies to study and solve industrial disputes and other matters and reach out to the best for the industry.
◦ A bipartite agreement has two elements. Words starting with bi usually involve two things, and that's the very definition of this
word: things that have two parts are bipartite. It's often used (in botany, for example) to describe two-part things joined at the
base, like leaves.
IR Strategies
◦ An effective industrial relations strategy must include a company-wide commitment to doing everything possible to keep work
centers safe. Safety strategies may include regular inspections and briefings, hazard reporting systems and an open-door policy
for safety concerns.
◦ Strategic industrial relations is an approach for analysing the strategic choices made by the actors - employers, workers and
their organizations, and policy makers - in industrial relations systems and the implications of those choices for industrial
relations outcomes.
◦ There are three major international relations approaches: realism, liberalism, and Marxism. Realism is the approach that
emphasizes the self-interest of the state within the international community. Liberalism emphasizes states establishing
consistent internal political philosophies that promote peace and cooperation.
◦ IR is intended to increase and sustain investor and other stakeholder confidence by giving them accurate and timely
information regarding the company's financial and operating performance. It's also used to communicate the strategic plans
and objectives.
Worker Development
◦ Employee development is a process of helping employees progress in their careers by acquiring new skills. Its goal is to
improve the existing competencies of your employees and helping them to develop new ones, all with the aim of supporting
your business goals
◦ Examples of development goals include learning a new skill that directly or indirectly relates to your current or future
position, building relationships with other team members, getting promoted to a higher position, or making a lateral move
that's more in line with an employee's long-term career choice.
◦ The four phases are Onboarding, Initial Development, Ongoing Development and Retention, and Separation. Most employees
are uncertain of their surroundings at the beginning. They want to establish their place in the organization, make a meaningful
contribution and build relationships with colleagues.
How to improve employee development
◦ Offer continuous professional development opportunities.
◦ Create individualized development plans.
◦ Help your team improve soft skills.
◦ Remove barriers.
◦ Regularly communicate with your team.
◦ Regularly offer feedback.
◦ Encourage a growth-orientated approach.
◦ Provide clear expectations.
Collective Bargaining
◦ Collective bargaining is the process in which working people, through their unions, negotiate contracts with their employers to
determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance
work and family, and more.
◦ Collective bargaining is a voluntary process used to determine terms and conditions of work and regulate relations between
employers, workers and their organizations, leading to the conclusion of a collective agreement.
◦ The following principles of collective bargaining apply to both employers and unions. Both parties must aim to discuss
alternatives. They must choose the best solution for all parties. These parties must have respect and trust. They should realize
each other's importance.
◦ The term "collective bargaining" was first used in 1891 by Beatrice Webb, a founder of the field of industrial relations in
Britain. It refers to the sort of collective negotiations and agreements that had existed since the rise of trade unions during the
18th century.