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Case examples 1
1 Raju joined as an apprentice in xyz organization. organization. After completion of his training he requested HR manager to absorb him as an regular employee which he declined. Raju wishes to challenge his declined. decision under Apprentice act,1961.?will act,1961. he succeed? Answer with reasons
Objectives The Apprentices Act of 1961
The Apprentices Act of 1961 envisages to regulate and control the training of apprentices and to supplement the availability of trained technical personnel for the industry. The Act was industry. amended in 1973 to provide for practical training to the graduate engineers and diploma holders, thereby improving their employment potential
Case examples 2
A state govt. dept called for list of candidates govt. for certain job vacancy from employment exchanges and at the same time advertised the vacancy in the newspaper also and later it selected a candidate who had applied in response to the advertisement in the newspaper. newspaper. A candidate whose name was included in the list sent by the employment exchange wishes to challenge the selection under employment exchange (compulsory notification of vacancy ) Act 1959 . Will he succeed? Answer with Reasons
Objective The Act aims to provide for the compulsory notification of vacancies to employment exchanges.
Employment Exchanges (Compulsory Notification of vacancies) Act 1959
There is nothing in employment exchange (compulsory notification of vacancy )act 1959 which compels the employer to employ those person only who have been sponsored by the employment exchanges .
The ventilation and lighting were pathetic. Since the glass factory by its very nature was prone to occupational hazards. Though the RAJASTHAN. employees suffered from various ailments because of excessive exposure to gases like carbon monoxide and glass dust .Case Example 3 PM GLASS FACTORY EMPLOYED 660 WORKERS N 3 PRODUCTION UNIT ACROSS THE STATE Of RAJASTHAN. which resulted in respiratory diseases in workers What according to factories act are the safety standards that have to be followed by organization . company claimed to have great work place in reality the working condition of the employees were pathetic. bad. bad.
Besides. employment of children. health and welfare of the factory workers are provided. leave. etc . holidays. overtime. and to ensure that basic minimum requirements for the safety.Factory Act 1948 Objectives The main objectives of the Factories Act are to regulate working conditions in factories. the Act envisages to regulate the working hours. women and young persons.
Factory Act 1948 Cleanliness Sec 12 ± Disposal of wastes and effluents Sec 13 ± Ventilation and Temperature Sec 14 ± Dust and Fumes Sec 15 ± Artificial humidification Sec 16 ± Over crowding Sec 17 ± Lighting Sec 18 ± Drinking Water Sec 19 ± Latrines and urinals Sec 20 ± Spittoons .
Factory Act 1948 safety of the workers. They are: Sec 21 ± Fencing of machinery Sec 22 ± Work on or near machinery in motion Sec 23 ± Employment of young children(age 15-18) on 15dangerous machines Sec 24 ± Striking gear and devices for cutting off power Sec 25 ± Self acting machines Sec 26 ± Casing of new machines Sec 27 ± Prohibition of employment of women and children near cotton openers Sec 28 ± Hoists and lifts Sec 29 ± Lifting machines. chains. ropes and lifting tackles Sec 30 ± Revolving machinery .
openings in floors Sec 34 . gas etc Sec 38 ± Precautions in case of fire . sumps.Factory Act 1948 Sec 31 ± Pressure plant Sec 32 ± Floors.Excessive weights Sec 35 ± Protection to eyes Sec 36 ± Precautions against dangerous fumes. stairs and means of access Sec 33 ± Pits. gases etc and use of Sec 37± Precautions against 37± explosives or inflammable dust.
Factory Act 1948 ± Washing facilities Sec 43 ± Facilities for storing and drying clothes Sec 44 ± Facilities for sitting Sec 45 ± First ±aid boxes (150) ( ambulance -500) Sec 46 ± Canteens (250) Sec 47 ± Shelters. rest rooms and lunch rooms Sec 48 ± Creches (30) Sec 49 ± Welfare officers (500) Sec 50 ± Power to make rules to supplement this chapter .
Intervals for rest (30 min) 55 56.Compensatory holidays 53 54.Daily hours (9 hrs) 54 55.Factory Act 1948 hours of work (48 hrs) 52.Weekly holidays 52 53.Spreadver 56- .
Standing order came in force on 15th Aug 2008. Mr y who joined on 20th Aug was made permenent as probation period in standing order was 3 months.Case Example 4 In the appointment letter dated 10 th july 2008 of Mr x it was stated that he would be made permanent on completion of probation period of 6 months .Can Mr X filed a suit AGAINST THE ORGANIZATION .
Can this be termed as misconduct according to standing order act . Can this be termed as misconduct according to standing order act Mohan assaulted his co-worker sohan outside cothe factory premises while they were going home.Case Example 4 Mohan an employee of ABC org assaulted his neighbor last night.
e. and to make them known to the workmen employed by them . standing orders/service rules. i.Standing Order Act The Act requires employers of certain industrial establishments to clearly define. the conditions of employment. with sufficient precision.
In this act of his is justified. .Case Example 5 RAJAN the CEO of poddar limited a woollen carpet company claimed he cannot give minimum wages on account of company not earning enough profit.
Case Example 5 Mr X paid less wages then what is prescribed in Minimum Wages Act on ground of less performance or output. Is it right on his part. .
1948 envisages to provide minimum statutory wages for scheduled employments with a view to obviate the chances of exploitation of labour through payment of very low and sweating wages. The Act also provides for the maximum daily working hours. 1948 Objectives The Minimum Wages Act.The Minimum Wages Act. weekly rest day and overtime .
Is it lawful for the employer to deduct the amount of loss from the bonus payable by him to the employee under the Payment of bonus Act. . X is found guilty of misconduct causing financial loss to the employer .Case Example 6 Mr .
The object of the act is to maintain peace and harmony between labour and capital by allowing the workers to share in the prosperity of the establishment reflected by the profits earned by the contribution made by the capital . 1965 aims at providing for the payment of bonus (linked with profits or productivity) to the employees of certain establishments. and for matters connected therewith. management and labour . Objectives The Payment of Bonus Act.
Case Example 7 Sohan and his 9 friends remained absent from duty without any information for continuous 10 days? What amount needs to be deducted from his wages as per the per the payment of wages Act .
Sohan wanted to come to the factory but was prohibited to enter the premises by certain workers who were on illegal strike . Yet he claimed for full day salary. .Case example 7 Sohan remained in the workplace without doing any work which was give by the employer. Can Sohan claim for the wages. Is the employer liable to pay him full day salary or half day salary.
deductions. . therefore. and (ii) eliminating all malpractices by laying down wage periods and time and mode of payment of wages. ensures payment of wages in a particular form at regular intervals without unauthorized deductions. 1936 was enacted with the object of (i) regulating payment of wages. imposition of fines and deductions from wages. Objectives The Payment of Wages Act. The Act.
Was it correct on his part? .Case Example 8 Mr x the CEO of the company denied Gratuity to its workman because they went on an illegal strike and thereby caused heavy loss to the company.
1972 The Payment of Gratuity Act. Gratuity is a reward for long and meritorious service. and have thus contributed to the prosperity of the employer.The Payment of Gratuity Act. . 1972 envisages to provide a retirement benefit to the workmen who have rendered long and unblemished service to the employer.
. Can his widow claim for compensation under workman compensation act .1923.D was murdered during the course of burglary.Case Example 9 A chowkidar employed in the office of P.W.
The Workmen's Compensation Act. .1923 It aims to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen.
Can their decendents claim compensation .Case Example 9 There was a earthquake which took the life of 15 workers who was working in the factory at the time when earthquake came.
. The employer is not liable.Case Example No.to pay compensation. because when the accident involved risk common to all humanity and did not involve any peculiar or exceptional danger resulting from the nature of employment.
had gone to canteen to take tea where he dies. Can his widow claim compensation .Case Example 9 Mr X who was on duty .
Yes. Because it has been held that the accidental injury arose in the course of employment and that the period of recess do not disrupt the continuity of employment .
On the way back from the market. 1923. Answer with reasons? . Whether workman can claim compensation under workman compensation act . he received injuries in an accident.Case Example 9 A workman after completing his shift duty went to the market near his factory .
There is a notional extension at both the entry and exit time and space . Employment does not necessarily ends when the tool down signal is given or when the workman leaves the actual workshop. The scope of such extension depends on circumstances of a given case.Doctrine of notional extension. .
. Which sunil the workman did not avail and while going to work place he met with an accident.Case Example 9 The employees of ABC limited are under contractual obligation to use only a particular means of transport. Can he claim compensation.
Can he claim compensation? .Case Example 9 Mr Y is workman was in dept and his job does not require him to visit the work shop where production is taking place. However one day he went there to meet sohan his friend at the workshop . While he was in the workshop sohan was working on a machine and he deliberately went there to help him when he was not eligible to do so and he met with an accident.
Doctrine of Added peril It contemplates that if a workman while doing his masters work undertakes to do something which he is not ordinarily called upon to do and which involves extra danger he cannot hold his master liable for the risk arising there from .
On the basis of the findings received from the enquiry officer.Case example 10 A joint Enquiry of five workmen of our factory was conducted in respect of common charge sheet issued to them.However the management intends to challenge the award of the labour court regarding the fairness? . five workers were dismissed from services. The labour court has also given an opportunity to company to prove the charges. They raised an dispute which was reffered to labour court. The labour court framed premilinary issue regarding the fairness of the enquiry and passed an award holding that enquiry held is not fair and proper.
Case example 10 Can the award of labour court with regard to preliminary issue of fairness of enquiry be challenged in the high court? .
1948 Act 4 The Apprentices Act. 1936 Act 7 The Minimum Wages Act. Employment Exchange Compulsory Notification 1. 1977 Act 9 The Payment Of gratuity act. 1948 Act 8 The Payment of Bonus (Amendment) Act. Act 1. 1986 Act 6 The Payment of Wages Act. 1961 Act 5 Child labour (Prohibition and Regulation) Act. 1972 . of Vacancies Act1959 Act 2 The Industrial employment (Standing orders) Act 1946 Act 3 Factories Act.
1947 . 1961 Act 12 Trade Union Act.Act 10 The Workmen¶s Compensation Act. 1923 Act 11 The Maternity Benefit Act. 1926 Act 13 The Industrial Disputes Act.
Personnel Management .
Topics PERSONNEL MANAGEMENT PRINCIPLES & PERSONNEL POLICIES MANPOWER PLANNING/ RECRUITMENT AND SELECTION JOB ANALYSIS JOB DESCRIPTION JOB DESIGN .
Topics INDUCTION TRANSFERS PROMOTIONS LABOUR TURNOVER ABSENTEEISM TRAINING DISCIPLINE .
Topics GRIEVANCE COMPENSATIO MORALE STUDIES PERSONNEL RESEARCH .
Case Example 11 Avon International a newly software development Firm plans to introduce a new HRD Policy to ensure continual development of its Human Resources. Discuss the various aspects of Human Resource that the company has to consider while drafting its HRD Policies .
Case Example 12 ABC enterprise is a steel manufacturer where jobs are characterized by intense specialization . This gradually led to high level of dissatisfaction and fatigue among its employees. Discuss the suitable approach to job design that merges the technical needs of ABC enterprise with the social needs of the employees? .
. the authority he enjoys over his work. Job Design is the process of structuring work and designating the specific activities at individual and group level It determines the responsibility of an employee. the scope of decision making and eventually his level of satisfaction and productivity.
Discuss the various job design options available to the management that might help in motivating its employees .Case Example 13 Wonderworld is a leading manufacturer in the textile industry. It is learnt that the monotonous and routine nature of jobs in the organization is primarily responsible for the decreasing levels of employee productivity. However of late it has been experiencing problems of low employee motivation and deteriorating levels of employee productivity . In order to tackle this problem the management at wonderland plans to rearrange job activities in such a way that jobs are interesting enough to motivate its employees.
Sourabh quit the prestigious job of SAIL as MANAGER MATERIAL where he can order material worth 25 lakh without nobody prior approval and joined pulp making plant in karanatka as AGM material. He gave his resignation to kamath His boss and walked out of the room .designation and reputation of the company lured him away. . The perk .Case Incident 14 Sourabh was fuming and freeting.
were received .. Kamath refused to sign as prior approval was not taken from him Sourabh felt humilated and cheated.materials arrived . and used in the plant. He placed the order .Case Incident 14 When he joined little did he knew he had to take prior approval to place any order worth even Rs 1 lakh. Trouble started when the bill came .The accounts dept withheld as it was not endorsed by kamath . He decided to quit What went wrong? .
she would come in. and her coco-workers are not pleased. School has been in session for two and a half months now. Initially.Case Incident 15 Seema has been late at least three days per week since school started. There is obvious tension when the other workers are around her due to her attitude and the increased workload on them. What should the manager do? . would be very apologetic. and report to her workstation. Now she just walks in and simply goes to work.
. rules. Discipline is employee self control or force which prompts him to willingly co-operate cowith organizational standards. regulations procedures deemed necessary for the organization etc.
The supervisor who knew that the subordinates would not be able to report the issue to higher officials saw no necessity to change the behaviour. What do you think is necessary for the organization? . The result was increased frustration and an increased number of accidents at the workplace .Case Incident 16 The employee of a manufacturing unit had a problem with their supervisor who was very bossy and rude.
which must always be expressed. A Grievance is more formal in character than complaint. Grievance is a type of discontent . It can be valid or ridiculous and must grow out of something connected with the company policy or operations .
Will quality circles serve the purpose? What are the various steps in the development and working of a quality circle? . She therefore inspired her colleagues at Perfect Motors to form quality circles so that the problems could be resolved and productivity improved. Her initial experience showed that the top management showed no interest at all in the problems being faced by the design engineers but at the same time. Her earlier employer had implemented quality circles to resolve work place problems and improve productivity. insisted on high productivity standards.Case incident 17 Preeti Sharma recently joined the design team of Perfect Motors.
Quality Circles It is defined as a small group of employees in the same work area or doing a similar type of work . . leading to improvement in their total performance and enrichment of their work life. who voluntarily meet regularly for about half an hour every week to identify. analyze work related problems .