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Industrial Relations Management /Unit V

UNIT V

Labor Administration - ILO, ILC and Indian Constitutional Provisions in Relation to Labor Administration - Central Machinery of Labor Administration - Labor Administration at the State, District and Local Levels. Contemporary Trends and Future of Industrial Relations in India

LABOUR ADMINISTRATIONLabour administration is a wide term. It is primarily concerned with labour affairs andadministration of social policy.

1. Labour protection 2. Labour inspection3. Labour relation4. Employment or manpower, including training5. Social security.(Explain the points)

IMPORTANCE OF LABOUR ADMINISTRATION

1. Formulation of labour policy consistent with the needs of the society and economy and taking into account the views of the parties effected;2. Establishment of uniform standards of labour and adaptation of steps for their effective observance and enforcement;3. Improvement of the working and living conditions of workers and protecting those who need special protection;4. Maintenance of industrial peace and harmony;5. Identification of the rights and obligations of the parties and ensuring their effectivecompliance;6. Promotion of co-operation among the parties and encouragement to consultation with and participation of the employers and workers;7. Penalizing those not complying with the provisions of laws, rules or regulations; and8. Making available the government services for ensuring compliance with the declaredpolicies and programmes.

Labour administration machinery of the Central Government

IntroductionThe main responsibility for labour administration of the Government of India vests in theMinistry of Labour. The Ministry presently consists of the main Ministry(Secretariat), andfour attached offices, ten subordinate offices, four autonomous organization, a numberadjudication bodies and one arbitration body.

The main ministry (secretariat) Attached offices

Office of Chief Labour Commissioner


Directorate General Factory Advice Service Labour Institutes Labour Bureau Directorate General, Employment and Training

Subordinate offices Employees State Insurance Corporation Employees Provident Fund Organization Central Board for Workers Education

Adjudication bodies Board of arbitration

Note: Describe each point in general.

Labour administration machinery of state ,district and local Governments

The machineries for labour administration in the states are similar to those operating at theCenter. The central government is empowered to give direction to the state government and to delegate powers and impose duties on them. Many central labour laws are enforced both by the central and state government in industries or establishments falling under their respective jurisdictions.

It considers the following Department of labour and employment Office of the labour commissioner Chief inspectorate of factories Directorate, employment and training

Note: explain the points in general

INTERNATIONAL LABOUR ORGANISATION (ILO)

The International Labor Organization was established on April 19, 1919 by Versailles Peace population.

It deals with International Labor Problems. The Unique feature of ILO is that it is a tripartite body consisting of representations of

employers, labor government.

Objectives of ILOa) Full employment and the raising of standards of living.b) The employment of workers in the occupation giving the fullest measure of satisfactionc) The effective recognition for the right of collective bargaining.d) The extension of social security measures to provide a basic income to all. e) Adequate protection for the life and health of workers in all occupation.f) Provision for child welfare and maternity protection.g) The provision of adequate nutrition, housing, and facilities for recreation and cultureh) The assurance of educational and vocational opportunity.

Procedure for Admission as a Member


The constitution of ILO provides that all the states, who are members of ILO on 1 November,1945 and any original member of UN can become member of ILO by accepting its obligations of its constitution. The constitution of ILO was amended in 1945, and the ILO entered into arrangement with the UN. The new rules say that:

1. Membership of the UN does not mean membership of ILO, any original member ofthe UN and any state subsequents admitted to the membership of Un may becomemember of ILO by communicating to the Director General, its formal acceptance ofthe rules and obligations of the ILO.2. If a state is not a member of the UN, the ILO confess on the InternationalLabourConference (ILC – parliamentary wing of the ILO), the right to admit that stateto membership, which it had assumed defects during the period of the relationship ofthe ILO with the league.

Structure of ILOThe ILO consists of three principal organs namely

a) The International Labour Conferenceb) Governing Bodyc) International Labour Office

(Diagrammatic structure given in notes)

The International Labour Conference

o Examines social problems and o Adopts conventions for ratification by Governmentso It is the electoral colleges of the conference that elects the Governing

Governing Bodyo Governmentso Employerso Workers in the ratio of 2:1:1

International Labour Office

o Research Investigation Technical Corporation Publicationso International Center for Advanced Technical and Vocational Trainingo International Institute of Labour

The International Labour ConferenceIt is the policy making organ of the ILO. It Comprises 4 groups representing governments, employers and workers in the ratio of 2:1:1.ILC holds its sessions once in a year.

One of the primary powers of the conference is to appoint committees to deal with differentmatters during each session. see committees except finance committee, and tripartite innature.These committees are: (i) The Selection Committees, (ii) The Credential Committee, (iii) TheResolution Committee, (iv) A committee for the application of conventions and


Recommendations, (v) The Drafting Committee,( vi) The Committed on Standing Orders,(vii) The Finance Committee.

Functions of ILC (International Labour Conference)(1)To formulate international labour standards(2) To fix amount of contribution by the member states(3) To decide the expenditure budget estimate proposed by the director general andsubmitted to the governing body(4) To make amendment to the constitution subject to subsequent ratification of theamendment by 2/3 member states including 5 of the 10 states of industrial importance.(5) To consider the report of the director general giving labour problems and assist intheir solution(6) To appoint committees to deal with different matters doing each session.(7) To select once in 3years members of the governing body.(8) To elect its president.(9) To seek advisory opinion from the international committee of justice.(10) To confirm the powers, functions and procedure of regional conference.

Governing BodyIt is another principal organ of the ILO. It is now political, non-legislative partite body. Inimplements decision of the ILC with the help of the international labour office. Out of the 56members in it, 28represent the governments,14 employers and 14 labour. Out of 28 government members,10 are appointed by the members of the states of chief of industrial importance and the balance are delegates of the other governments.

Functions of Governing Body

1) To co-ordinate work of the organization.(2) To prepare agenda for each session and subject to the decision of the ILC to decide whatsubject should be included in the agenda of the ILC.(3) To appoint the director general of the office.(4) To scrutinize the budget.(5) To follow up the implementation of the conventions and recommendations adopted by theILC by member states.(6) To fix the date, duration and agenda of the regional conference.(7) To seek advisory opinion from the international court of Justice with the consent of ILC.

International Labour Office This is the third major and important organ of the ILO, it function as the secretariat of theILO in Geneva. The director of general of the ILO is the chief executive of the secretarial. Heis appointed by the governing body.

Functions of International Labour Office


(1) To prepare documents on the times of the agency for the conference.(2) To assist governments informing legislate on the basis of the decisions of the ILC.(3) To carry out its functions related to the observance of the conventions.(4) To bring out publication dealing with industrial labour problems of international interest.(5) To collect and distribute information of international labour and social problems.

Labour administration machinery of the central government

The main responsibility for labour administration of the Government of India vests in theMinistry of Labour.

a. Main Ministry (Secretariat)b. Four attached officesc. Ten subordinate officesd. Four autonomous organizatione. Adjudication bodies and one Arbitration body.f. Contemporary Trends and Future of Industrial Relations in Indiag. Contemporary Trends and Future of Industrial Relations in India

Contemporary Trends and Future of Industrial Relations in India

Introduction:

Globalization and increased competition has lead to less strikes, lockouts and less man days lost due to strikes. Also now in the era of knowledge industry employees are educated and thus don¡¦t believe in violent activities. They are having responsibilities in cut throat competition and also are aware of their rights well leading to decline in strikes. Employers also avoid lockouts because decline in production for even hours results in heavy losses so forget about days or weeks.

Focus towards Trade unions:

The future role of the trade union movement is linked with a broader concern for ensuring the social cohesion of working people in a large and diverse country. In this final section, we examine union strategies in the private corporate sector, in public sector enterprises, and in the informal sector. It is imperative for the trade union movement to concentrate on organizing the unorganized, so as to create secure incomes and safe working conditions for those with irregular and precarious jobs.

Key Areas to be considered:

1. Disinvestment2. Decentralization3. Deregulation4. Pro-labour-pro-investor policies


5. Declining TU density

Disinvestment

Trade unions, mgt and government are responding to these challenges through various types of new, innovative, or model arrangements to deal with different aspects of disinvestment like

a. Making workers the owners through issue of shares or controlling interests b. Negotiating higher compensation for voluntary separationsc. Safeguarding existing benefitsd. Setting up further employment generating programs, and

Decentralization Decentralization of IR is seen in terms of the shift in consideration of IR issues from

macro to micro and from industry to enterprise level.

When the coordination is at the national or sectoral level then work in the whole industry can be paralyzed because of conflict in IR.

But when the dispute is at the bank level, in the absence of centralized coordination by Trade unions only work in that bank is paralyzed and the other banks function normally. This weakens the bargaining power of unions.

Deregulation

The absence of government guarantees

Falling interest rates

Investment of pension funds in stock markets

Pro-labour-pro-investor policies

This leads to decline in strength and power of Trade unions if not in numbers. Unions have to make alliances with the society, consumers and community and various civil society institutions otherwise they will find themselves dwindling.

Declining TU density

In government and public sectors workforce is declining because of non-filling of vacancies and introduction of voluntary / early separation schemes. New employment opportunities are shrinking in these sectors.


In the private sectors particularly in service and software sector, the new, young, and female workers are generally less eager to join unions.

Note: (In addition to that you can include the following topics)

1. Wages and working conditions

2. Collective bargaining

3. Industrial conflict

4. Labour management relations

Conclusion:

The three players( union, government, management) in the system need to take into account the effect of their actions on the consumer s and society in general, owing to the growing inter-linkages between industry and its environment.

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