Irlw unit i

UNIT I

Concepts - Importance – Industrial Relations

problems in the public sector - Growth of

Trade Unions – Codes of Conduct.

2P.SUDHA.,Asst prof.,DOMS.,S.A Engg College

Meaning /ConceptIndustrial relations cover all such relationships that abusiness enterprise maintains with various sections ofthe society such as workers, state, customers and publicwho come into its contact.

In the narrow sense, it refers to all types ofrelationships between1. Employer and Employees,

2. Trade union and Management,

3. Works and Union, and

4. Workers and Workers.

It also includes all sorts of relationships at both formal andinformal levels in the organization.

Trade union :“A continuous association of wage-earners for the purpose of maintaining or improving the condition of their working lives”.

3

DefinitionJ.T. Dunlop defines industrial relations as

“The complex interrelations among

managers, workers and agencies of the

governments”.

Dale Yoder “Industrial relations is the

process of management dealing with one or

more unions with a view to negotiate and

subsequently administer collective

bargaining agreement or labour contract”.

4

Importance

It establishes industrial democracy

It contributes to economic growth and development

It improves morale of the work force

It ensures optimum use of scare resources

It discourages unfair practices on the part of both

management and unions

It prompts enactment of sound labour legislation

It facilitates change

5

It establishes industrial democracy: It helps in establishing industrial

democracy in the organization which motivates them to contribute their

best to the growth and prosperity of the organization.

It contributes to economic growth and development: Good industrial

relations lead to increased efficiency and hence higher productivity and

income. This will result in economic development of the economy.

It improves morale of the work force: Good industrial relations, built-

in mutual cooperation and common agreed approach motivate one to

contribute one’s best, result in higher productivity and hence income,

give more job satisfaction and help improve the morale of the workers.

It ensures optimum use of scare resources: Good and harmonious

industrial relations create a sense of belongingness and group-

cohesiveness among workers, and also a congenial environment

resulting in less industrial unrest, grievances and disputes. This will

ensure optimum use of resources, both human and materials,

eliminating all types of wastage.

6

It discourages unfair practices on the part of bothmanagement and unions: Industrial relations involvesetting up a machinery to solve problems confronted bymanagement and employees through mutual agreement towhich both these parties are bound. This results in banningof the unfair practices being used by employers or tradeunions.

It prompts enactment of sound labour legislation:Industrial relations necessitate passing of certain labourlaws to protect and promote the welfare of labour andsafeguard interests of all the parties against unfair means orpractices.

It facilitates change: Good industrial relations help inimprovement of cooperation, team work, performance andproductivity and hence in taking full advantages of moderninventions, innovations and other scientific andtechnological advances. It helps the work force to adjustthemselves to change easily and quickly.

7

Objectives To bring better understanding and cooperation between employers and

workers.

To establish a proper channel of communication between workers and

management.

To ensure constructive contribution of trade unions.

To avoid industrial conflicts and to maintain harmonious relations.

To safeguard the interest of workers and the management.

To work in the direction of establishing and maintaining industrial

democracy.

To ensure workers’ participation in decision-making.

To increase the morale and discipline of workers.

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. 8

Psychological approach

Sociological approach

Human relations approach

Approaches of Industrial

Relations

9


Relations

Psychological approach -The reasons of

strained industrial relations between the

employers and the employees can be

understood by studying differences in the

perception of issues, situations and persons

between the management groups and labour

groups.

10


Relations

Sociological approach

The culture of the institutions, customs, structuralchanges, status-symbols, rationality, acceptance orresistance to change, tolerance etc.

Human relations approach

The workers are likely to attain greater jobsatisfaction, develop greater involvement in theirwork and achieve a measure of identification of theirobjectives with the objectives of the organization;the manager, on their part, would develop greaterinsight and effectiveness in their work

11

Industrial Relations problems in the public

sector Mental inertia on the part of management and labour;

An intolerant attitude of contempt of contempt towards the

workers on the part of management.

Inadequate fixation of wage or wage structure;

Unhealthy working conditions;

Indiscipline;

Lack of human relations skill on the part of supervisors and

other managers;

Desire on the part of the workers for higher bonus or DA and

the corresponding desire of the employers to give as little as

possible;

12

Industrial Relations problems in the public

sector Inappropriate introduction of automation without providing the

right climate;

Unduly heavy workloads;

Inadequate welfare facilities;

Dispute on sharing the gains of productivity;

Unfair labour practices, like victimization and undue dismissal;

Retrenchment, dismissals and lock-outs on the part of

management and strikes on the part of the workers;

Inter-union rivalries; and

General economic and political environment, such as rising

prices, strikes by others, and general indiscipline having their

effect on the employees’ attitudes.

13

Principle 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 redressal 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. 14

TRADE UNIONDefinition:

According to them a trade union is “a continuousassociation of wage-earners for the purpose ofmaintaining or improving the condition of theirworking lives”.

Redefined as “a continuous association of wage-earners or salaried employees for maintaining theconditions of their working lives and ensuring thema better and healthier status in industry as well as inthe society”.

15

Difference between Labour Movement and Trade Union

Movement

Sl.No Labour Movement Trade Union Movement

1 “For the worker” “By the workers”

2 Efforts were made

mainly by the social

reformers to improve

the working and living

conditions of labour.

Not that of the trade

union movement

3 A higher degree of

consciousness amongst

workers

Than conveyed by

mere trade union

movement.16

The Trade Union Movement in

India

All-India Trade Union Congress (AITUC) -1920

Mr. Nehru

Indian National Trade Union Congress (INTUC)

-1937 Mr. M.N. Roy

Hind Mazdoor Sangha(HMS) - `1948Hind Mazdoor

Panchayat

United Trade Union Congress (UTUC) -1949

17

Functions of Trade Unions

Functions relating to members

Functions relating to organization

Functions relating to the union; and

Functions relating to the society.

18

Functions relating to trade union

members To safeguard workers against all sorts of exploitation by the employers, by union leaders and

by political parties.

To protect workers from the atrocities and unfair practices of the management.

To ensure healthy, safe and conducive working conditions, and adequate conditions of work.

To exert pressure for enhancement of rewards associated with the work only after making a

realistic assessment of its practical implications.

To ensure a desirable standard to living by providing various types of social service – health,

housing, educational, recreational, cooperative, etc. and by widening and consolidating the

social security measures.

To guarantee a fair and square deal and social security measures.

To remove the dissatisfaction and redress the grievances and complaints of workers.

To encourage worker’s participation in the management of industrial organization and trade

union, and to foster labour-management cooperation.

To make the workers conscious of their rights and duties.

To impress upon works the need to exercise restraint in the use of rights and to enforce them

after realistically ascertaining their practical implications.

To stress the significance of settling disputes through negotiation, joint consultation and

voluntary arbitration.

The raise the status of trade union members in the industrial organization and in the society

at large. 19

Functions relating to industrial

organization To highlight industrial organization as a joint enterprise between workers and

management and to promote identity of interests.

To increase production quantitatively and qualitatively, by laying down thenorms or production and ensuring their adequate observance.

To help in the maintenance of discipline.

To create opportunities for worker’s participation in management and tostrengthen labour-management cooperation.

To help in the removal of dissatisfaction and redressal of grievances andcomplaints.

To promote cordial and amicable relations between the workers andmanagement by settling disputes through negotiation, joint consultation andvoluntary arbitration, and by avoiding litigation.

To create favourable opinion of the management towards trade unions andimprove their status in industrial organization.

To exert pressure on the employer to enforce legislative provision beneficial tothe workers, to share the profits equitably, and to keep away from various typesof unfair labour practices.

To facilitate communication with the management.

To impress upon the management the need to adopt reformative and notpunitive, approach towards workers’ faults.


Functions relating to trade unions

organization To formulate policies and plans consistent with those of the industrial organization and

society at large.

To improve financial position by fixing higher subscription, by realizing the union dues

and by organizing special fund-raising campaigns.

To preserve and strengthen trade union democracy.

To train members to assume leadership position.

To improve the network of communication between trade union and its members.

To curb inter-union rivalry and thereby help in the creating of unified trade union

movement.

To resolve the problem of factionalism and promote unity and solidarity within the union.

To eradicate casteism, regionalism and linguism within the trade union movement.

To keep away from unfair labour practices.

To save the union organization from the exploitation by vested interests –personal and

political.

To continuously review the relevance of union objectives in the context of social change,

and to change them accordingly.

To prepare and maintain the necessary records.

To manage the trade union organization on scientific lines.

To publicise the trade union objectives and functions, to know people’s reaction towards

them, and to make necessary modifications.


Functions relating to society To render all sorts of constructive cooperation in the formulation and

implementation of plans and policies relating to national development.

To actively participate in the development of programmes of nationaldevelopment, e.g., family planning, afforestation, national integration,etc.

To launch special campaigns against the social evils of corporation,nepotism, communalism, casteism, regionalism, linguism, price rise,hoarding, black marketing, smuggling, sex, inequality, dowry,untouchability, illiteracy, dirt and disease.

To create public opinion favourable to government’s policies and plans,and to mobilize people’s participation for their effective implementation.

To create public opinion favourable to trade unions and thereby to raisetheir status.

To exert pressure, after realistically ascertaining its practicalimplications, on the government to enact legislation conducive to thedevelopment of trade unions and their members.


Problems of Trade Union

The following are some of the most important problems of the trade unions in India:

Multiplicity of Trade Unions and Inter-union Rivalry

Small Size of Unions

Financial Weakness

Leadership Issues

Politicalisation of the Unions

Problems of Recognition of Trade Unions


Growth of Trade Unions To secure for workers fair wages;

to safeguard security of tenure and improved conditions of service;

to enlarge opportunities for promotion and training;

to improve working and living conditions;

to provide for educational, cultural and recreational facilities;

to cooperate in and facilitate technological advance by broadening the

understanding of workers on its underlying issues;

to promote identity of interests of the workers with their industry;

to offer responsible cooperation in improving levels of production and

productivity, discipline, and high standard of quality; and generally

to promote individual and collective welfare”.

In addition, “unions should also undertake social responsibilities such as

promotion of national integration,

influencing the socio-economic policies of the community through active

participation in the formulations of these policies, and

instilling in their members a sense of responsibility towards industry and

community” 24P.SUDHA.,Asst prof.,DOMS.,S.A Engg College

International Trade Union

Organisation

World Federation of Trade Unions

(WFTU)

World Confederation of Labour (WCL)

International Confederation of Free

Trade Unions (ICFTU)

International Labour Organisation (ILO)


1. World Federation of Trade Unions (WFTU) -

founded in 1945 on a worldwide basis,

representing trade union organisations in more

than 50 Communist and Non-Communist

countries

1. Membership became uncertain;

2. Unions broke their links with the Communist

parties

3. Most were later accepted into the ICFTU.


2. World Confederation of Labour (WCL) -

Founded in 1920 as the International Federation

of Christian Trade Unions,

A much smaller international organisation, the

International Federation of Christian Trade

Unions (IFCTU), now called the WCL (World

Confederation of Labour), is made up largely of

Catholic labour unions in France, Italy and Latin

America.


3. International Confederation of Free Trade

Unions (ICFTU)- London in December 1949

1. To promote the interests of the working people

and

2. To secure recognition of worker’s organisation

as free bargaining agents;

3. To reduce the gap between rich and poor; and

4. To defend fundamental human and trade union

rights.


4. International Labour Organisation (ILO) -was set up in1919 by the Versailles Peace Conference as an autonomousbody associated with the League of Nations, firstspecialized agency of the United Nations in 1946 inaccordance with an agreement entered into between the twoorganizations

1. Regulation of hours of work,

2. Prevention of unemployment,

3. Provision of an adequate living wage,

4. Protection of workers against sickness,

5. Disease, and injury arising out of employment,

6. Protection of children, young persons and women,

7. Protection of the interests of migrant workers,

8. Recognition of the principle of freedom of association,and

9. Organisation of vocational and technical education


Codes of Conduct

A code of conduct is a set

of rules outlining the

responsibilities of or proper

practices for an individual,

party or organization.

Related concepts include

ethical codes and honor

codes.


http://en.wikipedia.org/wiki/Procedural_law

http://en.wikipedia.org/wiki/Concept

http://en.wikipedia.org/wiki/Ethical_code

http://en.wikipedia.org/wiki/Honor_code

CHAPTER I.- Preliminary

CHAPTER II.- The Inspecting Staff

CHAPTER III.- Health

CHAPTER IV.- Safety

CHAPTER IVA.- Provisions relating to Hazardous processes

CHAPTER V.- Welfare

CHAPTER VI.- Working hours of adults

CHAPTER VII.- Employment of young persons

CHAPTER VIII.- Annual leave with wages

CHAPTER IX.- Special provisions

CHAPTER X.- Penalties and procedure

CHAPTER XI.- Supplemental

P.SUDHA.,Asst prof.,DOMS.,S.A Engg College 31

Codes of Conduct

http://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htm













Section 1. Short title, extent andcommencement.

Section 2. Interpretation.

Section 3. Reference to time of day.

Section 4. Power to declare differentdepartments to be separate factories or two ormore factories to be a single factory.

Section 5. Power to exempt during publicemergency.

Section 6. Approval, licensing and registrationof factories.

Section 7. Notice by occupier.

CHAPTER I.- Preliminary

CHAPTER II.- The Inspecting Staff

Section 7A. General duties of

the occupier.

Section 7B. General duties of

manufacturers, etc., as regards

articles and sub-stances for use

in factories.

Section 8. Inspectors.

Section 9. Powers of Inspectors.

Section 10. Certifying Surgeons.


CHAPTER III.- Health

Section 11. Cleanliness.-

Section 12. Disposal of wastes and effluents.-

Section 13. Ventilation and temperature.-

Section 14. Dust and fume.-

Section 15. Artificial humidification.-

Section 16. Overcrowding.-

Section 17. Lighting.-

Section 18. Drinking water.-

Section 19. Latrines and urinals.-

Section 20. Spittoons.-


CHAPTER IV.- Safety Section 21. Fencing of machinery.-

Section 22. Work on or near machinery in motion.-

Section 23. Employment of young persons on dangerous machines.-

Section 24. Striking gear and devices for cutting off power.-

Section 25. Self-acting machines

Section 26. Casing of new machinery.-

Section 27. Prohibition of employment of women and children near cotton-openers

Section 28. Hoist and lifts

Section 29. Lifting machines, chains, ropes and lifting tackles.

Section 30. Revolving machinery.

Section 31. Pressure plant.

Section 32. Floors, stairs and means of access.

Section 33. Pits, sumps, openings in floors, etc.

Section 34. Excessive weights.

Section 35. Protection of eyes.

Section 36. Precautions against dangerous fumes, gases, etc

Section 36A. Precautions regarding the use of portable electric light.-

Section 37. Explosive or inflammable dust, gas, etc.

Section 38. Precautions in case of fire.

Section 39. Power to require specifications of defective parts or tests of stability.

Section 40. Safety of buildings and machinery

Section 40A. Maintenance of buildings.

Section 40B. Safety Officers.

Section 41. Power to make rules to supplement this Chapter. P.SUDHA.,Asst prof.,DOMS.,S.A Engg College 35


Section 41A. Constitution of Site Appraisal

Committees.

Section 41B. Compulsory disclosure of

information by the occupier

Section 41C. Specific responsibility of the

occupier in relation to hazardous

processes.-

Section 41D. Power of Central Government

to appoint Inquiry Committee.-

Section 41E. Emergency standards.-

Section 41F. Permissible limits of exposure

of chemical and toxic substances.-

Section 41G. Workers' participation in

safety management.-

Section 41H. Right of workers to warn

about imminent danger

CHAPTER IVA.- Provisions

relating to Hazardous

Processes

CHAPTER V.- Welfare

Section 42. Washing facilities

Section 43. Facilities for storing and drying clothing.-

Section 44. Facilities for sitting.-

Section 45. First-aid-appliances.-

Section 46. Canteens.-

Section 47. Shelters, rest-rooms and lunch-rooms.-

Section 48. Creches -

Section 49. Welfare Officers. -


CHAPTER VI.- Working Hours

of Adults Section 51. Weekly hours.

Section 52. Weekly holidays

Section 53. Compensatory holidays.

Section 54. Daily hours.

Section 55. Intervals for rest

Section 56. Spreadover.

Section 57. Night shifts

Section 58. Prohibition of overlapping shifts

Section 59. Extra wages for overtime.

Section 60. Restriction on double employment

Section 61. Notice of periods of work for adults.

Section 62. Register of adult workers.

Section 63. Hours of work to correspond with notice under section 61 and register under section 62.

Section 64. Power to make exempting rule.

Section 65. Power to make exempting orders.

Section 66. Further restriction on employment of women.


CHAPTER VII.- Employment

of Young Persons Section 67. Prohibition of employment of young

children.

Section 68. Non-adult workers to carry tokens.

Section 69. Certificate of fitness

Section 70. Effect of certificate of fitness granted to adolescent.

Section 71. Working hours for children.

Section 72. Notice of period of work for children.

Section 73. Register of child workers.

Section 74. Hours of work to correspond with notice under section 72 and register under section 73.

Section 75. Power to require medical examination

Section 76. Power to make rules.

Section 77. Certain other provisions of law not barred


CHAPTER VIII.- Annual Leave

with Wages Section 78. Application of Chapter.-

Section 79. Annual leave with wages.-

Section 80. Wages during leave periods.-

Section 81. Payment in advance in certain cases.

Section 82. Mode of recovery of unpaid wages.-

Section 83. Power to make rules.-

Section 84. Power to exempt factories.-


CHAPTER IX.- Special

Provisions Section 85. Power to apply the Act to certain

premises.

Section 86. Power to exempt public institution.-

Section 87. Dangerous operations.-

Section 87A. Power to prohibit employment on account of serious hazard.-

Section 88. Notice of certain accident.-

Section 88A. Notice of certain dangerous occurrences.-

Section 89. Notice of certain diseases. -

Section 90. Power to direct inquiry into cases of accident or disease.-

Section 91. Power to take samples.-

Section 9lA. Safety and occupational health surveys.-


CHAPTER X.- Penalties and

Procedure Section 93. Liability of owner of premises in certain

circumstances. -

Section 94. Enhanced penalty after previous conviction.-

Section 95. Penalty for obstructing inspector.-

Section 96. Penalty for wrongfully disclosing results of analysis

under section 91.-

Section 96A. Penalty for contravention of the provisions of

sections 41B, 41C and 41H.-

Section 97. Offences by workers.-

Section 98. Penalty for using false certificate of fitness.-

Section 99. Penalty for permitting double employment of child.-

Section 100.- Omitted by Act 20 of 1987

Section 101. Exemption of occupier or manager from liability in

certain cases.-

Section 102. Power of court to make orders.-

Section 103. Presumption as to employment.-

Section 104. Onus as to age.-

Section 104A. Onus of proving limits of what is practicable, etc. –

Section 105. Cognizance of offences.-

Section 106. Limitation of prosecution.-

Section 106A. Jurisdiction of a court for entertaining proceedings,

etc., for offence.-P.SUDHA.,Asst prof.,DOMS.,S.A Engg College 42

CHAPTER XI.- Supplemental Section 107. Appeals.-

Section 108. Display of notices.-

Section 109. Service of notices.-

Section 110. Returns.-

Section 111. Obligations of workers.-

Section 111A. Right of workers, etc.-

Section 112. General power to make rules.-

Section 113. Powers of Centre to give directions.-

Section 114. No charge for facilities and conveniences.-

Section 115. Publication of rules. -

Section 116. Application of Act to Government factories.-

Section 117. Protection of the persons acting under this Act.-

Section 118. Restriction on disclosure of information.-

Section 118A. Restriction on disclosure of information.-

Section 119. Act to have effect notwithstanding anything contained in Act 37 of 1970.-

Section 120. Repeal and savings.-


THANK YOU


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