participation of workers in management bill,1990- manvi

7/29/2019 Participation of Workers in Management Bill,1990- Manvi

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PARTICIPATION OF WORKERS IN

MANAGEMENT BILL,1990

Introduced in Rajya Sabha on 30 May 1990

First comprehensive legislative effort towards the promotion of

workers participation in management in the country

The bill could not be passed yet


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REASONS OF THE BILL

Absence of central law on the subject

The non-statutory schemes have not provided an effectiveframework for a meaningful participation of workers at all levels


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OBJECTIVES OF THE BILL

The Bill, inter alia, intends to:

Provide for specific and meaningful participation of workers

in management at 3 levels in industrial establishments:

Shop floor Establishment

Board of management

Provide for the principle of secret ballot for determining the

representation of workers on the shop floor and establishment

councils and conducting their business


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Provide forformulation of one or more schemes to specifydetailed criteria

Manner of representation of workers on the board ofmanagement

Nomination of representativeness of employees on the shopfloor and establishment level councils

Procedure to be followed in the discharge of the functions by

a council The manner of filling the vacancies amongst the

chairpersons and members in respect of shop floor andindustrial establishment councils and conducting theirbusiness

Provide forrules to specify

the power an Inspector may exercise

the number of members on the Monitoring Committee andthe manner in which they shall be chosen


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MAIN PROVISIONS OF THE BILL

THREETIERSYSTEM

EstablishmentCouncil

Representation on theBoard of Management

Shop floorcouncil


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SHOP FLOOR COUNCIL

The Bill provides for the constitution of Shop-floor Council in everyestablishment in accordance with the rules made by theCentral Government

COMPOSITION

Equal number of representativeness of employers and workmen

Determination of number of members by the government aftertaking into account :

1.Total number of workmen in the shop floor

2. Total number of employers representativeness in the shopfloor

3. The number of levels of authority in the shop floor


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ESTABLISHMENT COUNCIL

To be set up in every industrial undertaking at the

establishment level

The provisions of the Bill relating to the composition, tenure,

method of selection of members, etc are similar to those

applicable to the Shop-floor councils


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REPRESENTATIONONTHE BOARDOF

MANAGEMENT

The Bill provides for the representation of workmen and other

workers on the board of management ofevery corporate body

owning an industrial establishment

Workmen Other workers

Representatives on the

board of management 13% 12%

Election

Secret Ballot

or

Nomination by

registered trade unions

Secret Ballot

or

Manner laid down in

the scheme


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Term of office of these representatives on the board=

3 years

The Board of Management is empowered to review the

functioning of the Shop-floor and Establishment Councils


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OTHER PROVISIONS

Constitution ofMonitoring Committee

Purpose- reviewing and advising upon matters arising out of the

administration of the Act and rules

Nature of the committee-

Tripartite

Representatives of government, employers and employees


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Seeks to delete Section 3 of the Industrial Disputes Act,1947

which deals with the Works Committee

The detailed schemes of participation to be framed by the

central government but the rules can be made by both the

central and state governments, in respect of establishments in

their respective jurisdictions.

Provides for the appointment of Inspectors and specific

penalties for violating the provisions of the Act

RECOMMENDATION OF THE SECOND NCL(2002)

Recommended coverage of workers participation in

management underlabour relations legislation


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HURDLES TO WOKRERS PARTICIPATION IN

MANAGEMENT IN INDIA

Difficulty in the concept itself- The conflict of interests and goals bedevils the

working of schemes

Multiplicity of trade unions and factionalism

Multiplicity of joint bodies leading to confusion and duplication of functions

In spite of the general acceptance of the importance of these participative forums,

schemes are considered an imposition from outside by the employers and

trade union

The idea does not appear to be the result of inner urge on the part of employers

and workers.

Lack of education and training wit regard to the content process, utility and other

relevant aspects of participants are impediments


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WAYFORWARD-

Serious attention needs to be given to the removal of hurdles

for the successful implementation of the institutions ofworkers

participation in management

Efforts should be made to enthuse the management and

worker at the local or enterprise level to understand the

schemes and to derive concrete benefits from them

The government efforts should be confined to giving

guidelines and to remove the impediments in the way.

participation of workers in management bill,1990- manvi

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