what are industrial relations.doc

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Conceptual Model of Industrial Relations

Role of State Intervention:

tate intervention in business is necessary in a developing country because of the followingreasons=

&. Developing countries lack powerful labor unions, enabling organizations to e%ploit workers andeven ignore their demands. This is why governments have to step in and play a role in delineatingcertain parameters of industrial relations.

4. "hen the conditions of laborers worsen, and>or disputations arise, the government cannot be asilent bystander. It has to intervene in the situation and try to satisfy both sides by being apreceptor or an intermediary, and establish peace.

). The federal nature of the constitution has made it imperative for the state to intervene inmatters of labor to ensure a smooth and continuous operation. The state and the centralgovernments have established certain laws that have to be followed by businesses. These are= the

1lantations $ct of &(4, the !inimum "ages $ct of &, the Industrial Disputes $ct, the1ayment of #onus $ct of &7(, the 2ontract ?abor $ct of &8@, the 1ayment of Aratuity $ct of&84, the #onded ?abor ystem $ct and the :emuneration $ct of &8.

. The Directive 1rincipals of the 2onstitution en*oin upon the state to establish a welfare state

and to look after the interests of the weaker sections of the society, for e%ample, the physicallydisabled.

Causes of Industrial Dispute:

Disputes may result from various causes= psychological, potential, and economic. The mostcommon cause of strikes has been economic reasons; other reasons have been influenced by


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nationalist, communist, and commercial ends. The ?abor #ureau of imla has observed causessuch as= wages and allowances, bonus, personnel, vacation and work timings, violence 3added in

&8&5, etc. $n analysis has revealed the following facts=

During 1921-1931:B &(.4C of demands were related to wages.

B .7C of demands were related to bonus.

B .C of demands were related to vacation days and work


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4. To provide a committee for dispute settlement between industry and labor with the right ofrepresentation by a registered trade union or by an association of employers.

). 1revent unauthorized strikes and lockouts.

. :each out to labor that has been laid


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and government to meet regularly; and disallow individual members from making individualcontributions to meetings.

Purpose of Tripartite Body:

a. #ring the aggravated parties together for mutual settlement of differences, and encourage a

spirit of cooperation and goodwill.

b. 1romote uniformity in labor laws and legislation.

c. Discuss all matters of $ll India importance as between employers and employees.

d. Determine a plan for settlement for all disputes.

Bipartite Bodies:

"ith the beginning of industrialization of India, labor relations in Indian industries have also beenlargely influenced by Indian democracy. Aroups like "orks 2ommittee and !anagement 2ouncil

were established to democratize Indian industrial relations. The bipartite consultation machinery

was established around &4@, during the time when a few *oint committees were setup by theAovernment of India. These *oint committees were also introduced in TI2- in /amshedpur.

Funda.entals of Industrial Settle.ent:

&. #oth parties have to realize that the country is breaking away from the past, and this is goingto put continuous pressure on the Euality of manher *ob skills up


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:ahul's Foteblog Fotes on Industrial :elations Types of Industrial trikes

/pes of Stri0es:

Hunger strike:

"orkers gather near the factory owner's residence and refuse to eat.

Pen don:

"orkers come to work on regular hours but refuse to do any work.

!u"e strike:

This type of strike is done by strictly abiding by company rules to the e%treme, and there is nospace for fle%ibility.

#upport strike:

upporting workers from another factory also go on strike to support their fellow workers from arelated factory.

$ate strike:

"orkers gather near the company gates and launch a strike.

Produ%tion strike:

"orkers produce more industrial items but now in harmony.

$o-s"o:

"orkers work their usual hours but their productivity is greatly reduced. They deliberately workslower than usual, causing heavy losses and production delays.

Pi%keting and &oy%ott:

This is the act of surrounding and picketing the owner's residence, and not allowing anyone toenter the premises. iolent picketing is illegal. #oycott is disturbing the normal functioning of the

business.

$'erao:

This is the process of blocking a target by encircling it. This may prevent people from approachingthe target. The target may be an office, a building entrance, factory, residence, etc. Aherao mayinvolve assault and torture, and gheraos are illegal.

#y(pat'eti% strike:

This is an illegal strike done by workmen, who are fully satisfied by their employment, but supportthe cause of their fellow unsatisfied workmen.
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1oc0outs:

This is the process of closing down a place of business due to refusal to work by the employees.

?ockouts are different from strikes because lockouts are initiated by the management>employer.?ockouts are=

&. 2losure of industrial undertaking due to violence, disputes, etc.

4. uspension of employment relationship.

). ?ockouts are initiated by the employer, and strikes are initiated by the employees.

. ?ockouts have definite motive.

)o%kouts * +%ono(y:

?ockouts damage industry and national economy.


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INDUSTRIALDISPUTES&IT'S CURES

Content

1: Meaning & definition of Industrial Disute!

": Causes of Industrial Disute!

#: T$es of Industrial Disute!%: Proedure for settling Industrial Disutes

Industrial Disputes

Meaning

I n d u s t r i a l D i s p u t e m e a n s a n y d i s p u t e o r d i f f e r e n c e b e t w ee n employer and employees , or between employer and workmen orb e t w e e n

w o r k m e n a n d w o r k m e n , w h i c h i s c o n n e c t e d w i t ht h e employment or non-employment, or the terms of employment orwith the

conditions of Labour, or any person. The Scope and definition of IndustrialDispute is very wide. Thewords

employment and non employmentin the definition areof widest amplitude and have been but in jutapositionto

maket h e d e f i n i t i o n c o m p r e h e n s i v e . ! n y d i s p u t e c o n c er n e d w i t h employment or non-employment" constitute the subject matter

of o n e c l a s s o r i n d u s t r i a l d i s p u t e s . T h e m a t t e r s w h i c h c a nf o r m subject matter industrial dispute are enumerated in Second, Thirdand

#ourth Schedule $iven at the end of Industrial Dispute !ct.%&

Definition of Industrial Dispute!s per Section '(k) of ID !ct,%*+Indust r ia l d i spute means any

dispute or difference betweenemployers and employers ,or between

employers and workmen,or between workmen and workmen , which isconnected with theemployment or non-employment or the terms ofemployment orwith the conditions of labour , of any person.

CAUSES OF INDUSTRIAL DISPUTES T h e r e a r e t w o t y p e s o f I n d u s t r i a l D i s p u t

e s -

Interest Disputesand

Ri!"ts Disputes#Interest disputes relate to determination of neww a $ e l e v e l a n d

o th e r co nd i t i o n o f em p l o y m en t while ri$h ts disputes on the o therhand relatetoi n t e r p r e t a t i o n a n d a p p l i c a t i o n o f e i s t i n $ s t a n d a r d s a n d u s u a l l y i n v o l v e a n d i n d i v id u a l worker or $roup of workers./nder cate$ory of ri$hts disputes, cla im is

madet h a t t h e w o r k m e n h a v e n o t b e e n t r e a t ed i n accordance with the rules, individual contracts

of e m p l o y m e n t , l a w s a n d r e $ u l a t i o n s a n d a s p e r c o l l ec t


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i v e a $ r e e m e n t s . S u c h d i s p u t e s a r e a l s o d e s c r i b e da s $ r i e v a n c e d i s p u t e s . S u c h $ r i e v a nc e s m a y b e r e $ a r d i n $ r e t r e n c h m e n t , d i s m i s s a l ,p a y m e n t o f w a $ e s , w o r k i n $ t i m e , o v e r t i m e , d em o t i o n , p r o m o t i o n , t r a n s f e r , s e n i o r i t y ,

j o b c l a s s i f i c a t i o n , w o r k r u l e s a n d f u l f i l l m e n to f o b l i $ a t i o n r e l a t i n $ t o s a f e t y a n d health laid down in ana$reement.

T$PES OF INDUSTRIAL DISPUTES%& Demonstration

! demonstrat ion is visible mani festat ion of the feel in$s or sent iments ofaindividual or a $roup and is thus a communication of one"s ideas toothers to whom it is intended to be conveyed. Thou$h the employees have $ot

thefundamental ri$ht to demonstrate, yet it is not necessary in the eerciseof that ri$ht that the demonstration should be at the work place.

'& (un!er Stri)eI t i s resor ted to ins t i l l s ympathy in to the hear t o f the employerand

toa t t r a c t o t h e r w o r k e r s a n d t h e p u b l i c i n $ e n e r a l . 0 u n $ e rS t r i k e i s n o t $enerally looked upon as such heinous offence as to justifydismissal fromservice. In fact, hun$er strike is resorted to eert moral

force and whenaw o r k e r s t a r t s 1 h u n $ e r s t r i k e " o r p r o p a $ a t i n $ i n d i s c i p l i n e

amon$st theworkers.

*# Pi+)etin!1

2 icket in$ " is an ac t o f post in$ p i ckets and impl ies pat ro l l i n$wi th s i$ns,banners and placards for the purpose of ecludin$ others from the

place. Inshort, the meanin$ of the word 1picket in$" is , 1watchin$" anddissuadin$those who want to $o to work durin$ a strike. 13oycott" and 1picketin$"aretwin weapons of the same effect to disrupt the normal functionin$ of

theenterpr ise . 13oycot t " i s an appeal to a l l the vo luntarywithdrawal of co-operation and so, it is persuasive in nature.12icketin$" on to other handconnotes necessary and ade4uate

measures to disal low co-operation byothers for the normal function and flowof business.

,# -"erao15herao" is a physical blockade of a tar$et, either by encirclement intendedtob lock the e$ress and in$ress f rom and to a par t i cu lar o f f ice , orevenresidence or forcible occupation. The tar$et may be a place or a person

orpersons, usually the mana$erial or supervisory staff of anestablishment. The blockade may be complete r partial and is

invariably accompaniedb y w r o n $ f u l r e s t r a i n t , a n d 6 o r w r o n $ f u l c o n f i n e m e n t , a n d o


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c c a s i o n a l l y accompanied by assault, criminal trespass, mischief to personand property,unlawful assembly and various other criminal offences.

.# -o/slo015o-slow" means any thin$ less than normal work or output by a body

of persons employed in any industry actin$ in combination, or a

concernedr e f u s a l o r a r e f u s a l u n d e r a c o m m o n u n d e r s t a n d in $ o f a n n u m b e r o f persons who are or have been so employed tocontinue to carry out theirwork in a normal manner with normal ener$y

PROCEDURE FOR SETTLIN- INDUSTRIAL DISPUTES7ollective 3ar$ainin$87ollective 3ar$ainin$ is a techni4ue by which

disputeas to condi t ion s of e mplo ymen t, ar e res olved amica bly, bya$ re em en t, rather than by coercion. The dispute is settled peacefully

and voluntar ily,althou$h reluctantly, between labour andmana$ement.9e$otiation89e$ot ia t ion is one o f the pr inc ipa l m eans

of set t l in$

labourd i s p u t e s . 0 o w e v e r , d u e t o l a c k o f t r u s t b e t w e en t h e e m p l o y e r s a n d workmen or the ir t rade unions or inter -rivalry of the trade unions and theemployers bein$ in a commandin$position, many a time ne$otiations fail.7onciliation : ;ediation8Throu$h

conciliation and mediation a third partyprovides assistance with a view tohelp the parties to reach an

a$reement. The con ci l i a tor br in $s the r ival part i es to$eth er d isc uss w it h t he m t he ir d i f f e r e n c e s a n d a s s i s t t h e m i n f i n d i n $ o u t

s o l u t i on t o t h e i r p r ob l e m s . ;ediator on the o ther hand is moreactively involved while assistin$

thepar t ies to f ind an amicab le set t le ment . Somet imes he submi t

s h is ownproposals for settlement oftheir disputes.!rbitration8T h e r e s o r t t o a r b i t r a t i o n p r o c e d u r e m a yb e c om pu l s o r y o ra r b i t r a r y . 7 o m p u l s o r y a r b i t r a t i o n i st h e s u b m i s s i o n o f d i s p u t e s t o a rb it ra ti on w i tho ut conse nt

or a$ re em en t of th e pa rt ie s in vo lv ed in th edispute and the award$iven by the arbitrator bein$ bindin$ on the

partiest o t h e d i s p u t e . < n t h e o t h e r h a n d i n c a s e o f v o l u n t a r y a r b i t r a t i o n , t h e dispute can be referred for arbitration only if the parties

a$ree to the same.!djudication8 If despite efforts o f the conciliation officer ,no settlement isarrived at between employer and the workman, The

Industrial Dispute

ap r o v i d e s f o r a t h r e e t i e r s y s t e m o f a d j u d i c a t i o n v i = .L a b o u r 7 o u r t s , Industrial Tribunals and 9ational Tribunals under section, , ! and undersection 3 respectively. The industrial tribunal are empowered to

adjudicateon matters specified in both the Second and Third schedule i.e. bothri$htsand interest disputes. The jurisdiction of the Industrial Tribunal is

wider thatthe labour courts.

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