Unit:1: Concept of Industrial Relations
Unit:1: Concept of Industrial Relations
NATURE:
1. Nature of IR arise out of employer employee relations.
2. IR is a web of rules: formed by the interaction of Govt, industry & labor.
3. IR is multi-dimensional: influenced by complex set of institutional. economic &
technological factors.
4. IR is dynamic and changing: keep pace with employee expectations, trade unions,
employer associations and other economic and social institutions of society.
6. Govt influences and shapes IR: with its laws, rules, agreements through executive and
judicial machinery.
1. Conciliation:
In simple sense, conciliation means reconciliation of differences between persons.
Conciliation refers to the process by which representatives of workers and employers
are brought together before a third party with a view to persuading them to arrive at an
agreement by mutual discussion between them. The alternative name which is used for
conciliation is mediation. The third party may be one individual or a group of people.
2. Arbitration:
Arbitration is a process in which the conflicting parties agree to refer their dispute to a
neutral third party known as ‘Arbitrator’. Arbitration differs from conciliation in the
sense that in arbitration the arbitrator gives his judgment on a dispute while in
conciliation, the conciliator disputing parties to reach at a decision.
The arbitrator does not enjoy any judicial powers. The arbitrator listens to the view
points of the conflicting parties and then gives his decision which is binding on all the
parties. The judgment on the dispute is sent to the government. The government
publishes the judgment within 30 days of its submission and the same becomes
enforceable after 30 days of its publication. In India, there are two types of arbitration:
Voluntary and Compulsory.
(a) Voluntary Arbitration:
In voluntary arbitration both the conflicting parties appoint a neutral third party as
arbitrator. The arbitrator acts only when the dispute is referred to him/her. With a view
to promote voluntary arbitration, the Government of India has constituted a tripartite
National Arbitration Promotion Board in July 1987, consisting of representatives of
employees, employers and the Government.
(b) Compulsory Arbitration:
In compulsory arbitration, the government can force the disputing parties to go for
compulsory arbitration. In other form, both the disputing parties can request the
government to refer their dispute for arbitration. The judgment given by the arbitrator
is binding on the parties of dispute.
3. Adjudication:
The ultimate legal remedy for the settlement of an unresolved dispute is its reference to
adjudication by the government. The government can refer the dispute to adjudication
with or without the consent of the disputing parties. When the dispute is referred to
adjudication with the consent of the disputing parties, it is called ‘voluntary
adjudication.’ When the government herself refers the dispute to adjudication without
consulting the concerned parties, it is known as ‘compulsory adjudication.
Unit:2
International labor organisation (ILO): - The International Labor
Organization (ILO) is the United Nations agency for the world of work. It
sets international labor standards, promotes rights at work and encourages decent
employment opportunities, the enhancement of social protection and the strengthening
of dialogue on work-related issues.
Scope
1. Full employment and raising standard of living.
2. Ensure employment in which workers get satisfied.
3. Facilities for training and transfer of labor migration for employment and
settlement.
4. Policies with wages hours and condition of work.
5. Protection of life and health of workers.
6. Provision for child welfare and maternity protection.
7. Provision for adequate nutrition and housing.
8. Assurance of equality of education.
Objectives
1. Provide social justice to workers
2. Avoid injustice, depravation and exploitation of labor.
3. Build up human working condition to the labor.
Membership
As per the amendments of Constitution in 1945, the membership rules of ILO are as
follows:
1. Any original member of UNO may become member of ILO by accepting its obligafi6ns
of its constitutions.
2. If a State is not the member of the UNO, the ILO confers on the ILC (Parliamentary
Wing of the ILO) the right to admit that state to membership which it had assumed de
facto during the period of ILO with League.
The membership of ILO has increased from 45 in 1919 to 151 in 2003.
Trade Union
Labor unions or trade unions are organizations formed by workers from related fields
that work for the common interest of its members. They help workers in issues like
fairness of pay, good working environment, hours of work and benefits.
2. LIMITED MEMBERSHIP: Not all people join trade unions. Many trade unions exist in
different countries but there is declining membership per union. This because
individuals feel that the unions do not meet their member’s needs, hence results to
number of employees who are not member of any union
3. FINANCIAL PROBLEMS: Financial position of trade union is weak since the average
yearly income is low and inadequate. Things such as subscription rates are very low and
sometimes, they remain unpaid by their members. Funds of the union are inadequate
and they cannot take welfare programs for their members effectively.
6. POOR LEADERSHIP OF UNION LEADERS: Sometimes trade unions are led by people
who are not workers but outsiders. Outsiders may include politicians, intellectuals who
have no experience of work industry. Normally outsiders focus on their personal
interests rather union interests.
7. ILLETERACY OF SOME WORKERS: Some works fail to understand the impact of trade
unionism due to their lack of education
Collective bargaining: The Collective Bargaining is the process wherein the unions
(representatives of employees or workers), and the employer (or their representative)
meet to discuss the issues related to wage, the number of working hours, work
environment and the other terms of the employment.
Nature
The essential characteristic of collective bargaining is that employees do not negotiate
individually and on their own behalf, but do so collectively through representatives. It
covers the entire range of organized relationship between union and management,
including negotiation, administration, interpretation, application and enforcement of
written agreements. It sets forth joint understandings as to policies and procedures
governing wages, rates of pay, hours of work and other conditions of employment. It is
recognized as the central institution or ‘heart’ of industrial relations in all democratic
nations.
Collective bargaining is essentially a multi-dimensional institution. It is also an important
means of extending industrial democracy to employees within the workplace. Several
conditions are necessary for its emergence and survival. These include freedom of
association for employees to organize into trade unions, which are independent both of
their employers and of the state, employer recognition, bargaining in good faith, and
mutual acceptance of the agreements entered into by employers and employees.
Scope
Collective bargaining broadly covers subjects and issues entering into the conditions
and terms of employment. It is also concerned with the development of procedures for
settlement of disputes arising between the workers and management.
Objectives
1. To foster and maintain cordial and harmonious relations between the
employer/management and the employees.
2. To protect the interests of both the employer and the employees.
3. To keep the outside, i.e., the government interventions at bay.
4. To promote industrial democracy.
Types
Process
The collective bargaining process involves five core steps:
1. Preparation – Choosing a negotiation team and representatives of both the union
and employer. Both parties should be skilled in negotiation and labor laws, and
both examine available information to determine whether they have a strong
standing for negotiation.
2. Discussion – Both parties meet to set ground rules for the collective bargaining
negotiation process.
3. Proposal – Both representatives make opening statements, outlining options and
possible solutions to the issue at hand.
4. Bargaining – Following proposals, the parties discuss potential compromises,
bargaining to create an agreement that is acceptable to both parties. This becomes
a “draft” agreement, which is not legally binding, but a stepping stone to coming to
a final collective bargaining agreement.
5. Final Agreement – Once an agreement is made between the parties, it must be put
in writing, signed by the parties, and put into effect.
1. Drinking Water: At all the working places safe hygienic drinking water should be
provided.
2. Facilities for sitting: In every organization, especially factories, suitable seating
arrangements are to be provided.
3. First aid appliances: First aid appliances are to be provided and should be readily
assessable so that in case of any minor accident initial medication can be provided to the
needed employee.
4. Latrines and Urinals: A sufficient number of latrines and urinals are to be provided in the
office and factory premises and are also to be maintained in a neat and clean condition.
5. Canteen facilities: Cafeteria or canteens are to be provided by the employer so as to
provide hygienic and nutritious food to the employees.
6. Spittoons: In every work place, such as ware houses, store places, in the dock area and
office premises spittoons are to be provided in convenient places and same are to be
maintained in a hygienic condition.
7. Lighting:
Proper and sufficient lights are to be provided for employees so that they can work safely
during the night shifts.
8. Washing places: Adequate washing places such as bathrooms, wash basins with tap and
tap on the stand pipe are provided in the port area in the vicinity of the work places.
9. Changing rooms: Adequate changing rooms are to be provided for workers to change
their cloth in the factory area and office premises. Adequate lockers are also provided to
the workers to keep their clothes and belongings.
10. Rest rooms: Adequate numbers of restrooms are provided to the workers with provisions
of water supply, wash basins, toilets, bathrooms, etc.
Voluntary welfare measures: It is a generous approach on the part of the
employer to provide various welfare facilities to the workers over and above the
statutory measures.
Voluntary Welfare Measures can be classified in two groups:
1. Welfare Measures provided by employers.
2. Welfare Measures provided by Workers Organisation.
Industrial Accidents:
Industrial accidents are severe mishaps that result in injuries to people and damage to
property or the environment. For example, an explosion or fire at manufacturing unit is
an industrial accident.
Safety provision
1. Fencing of machinery:
2. Proper selection:
Any wrong selection of workers will create problems later on. Sometime employees are
accident prone; they may not be properly suitable for the particular jobs. So the
selection of employees should be on the basis of properly devised tests so that their
suitability for jobs is determined.
3. Safety conscious:
The employees should be made conscious of various safety measures to be followed.
There should be proper working slogans and advises to the worker for making them
conscious.
4. Enforcement of discipline:
Disciplinary action should be taken against those who flout safety measures. There may
be negative punishments like warnings, lay off, terminations of workers.
5. Incentives:
Workers should be given various incentives for maintaining safety. There may also be
safety contrasts among workers. Those who follow safety instructions properly should
be given monetary and nonmonetary incentives.
6. Proper maintenance of machines, equipment and infrastructural facilities:
Accidents may occur on account of the fault in machines or equipment. There should be
proper maintenance of machines. These should be regularly checked and frequently
inspected by engineering
7. Safety training:
The workers should be given training regarding safety measures. They should know the
hazards of the machines, the areas of accident proneness and the good working possible
precautions in case of some accident.
Occupational Hazards
An occupational hazard is a hazard experienced in the workplace. Occupational hazards
can encompass many types of hazards, including chemical hazards, biological hazards,
psychosocial hazards and physical hazards.
Chemical hazards: - Chemical hazards are a subtype of occupational hazards that involve
dangerous chemicals. Exposure to chemicals in the workplace can cause acute or long-
term detrimental health effects. There are many classifications of hazardous chemicals,
including neuro toxins, immune agents, reproductive toxins and systemic toxins.
Biological hazards: - Biological agents, including microorganisms and toxins produced by
living organisms, can cause health problems in workers. Influenza is an example of a
biohazard which affects a broad population of workers.
Psychosocial hazards: - Psychosocial hazards are occupational hazards that affect
someone's social life or psychological health.
Physical hazards: - Physical hazards are a subtype of occupational hazards that
involve environmental hazards that can cause harm with or without contact.
Diseases
Lung diseases
Skin diseases
Historical
Other diseases of concern