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IR Activities-Under Factory Act-1948

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HR, IR Admin and Legal Activities

HR RELATED SERVICES HR policy( including strategic decision making) framing according to business & organizational needs- preparation & recommendation of procedures & practices- HR data base management services-customization- data-base updating-MIS preparation-preparation of Organizational tree Reporting structure review

Resource planning at various levels & categoriesContract of employment /Appointment letters development- Employees contract drafting- Employment /service certificate/ Appreciation Note/ report fine tuning / Recruitment processing-AD contents development- Profile preparation-competency- based JD preparation-Induction process & procedures- HR Manual preparation

Wage & salary administration-Compensation & Benefits issues-Payroll management ( ERP based)-generation of Pay slipsWages sheet generation-Register maintaining-Salary certificate generationsalary review processes

HR related support services to different HODs including Directors, CEO/COO /MD/ Chairman based on requisite inputs-statistics report generation

Planning for change managementpolicy decisions-implementation- Annual HR strategy planning in line with business plan/strategy

Motivation/satisfaction/opinion survey ( general /specific employees/class of employees)

Transfer/ Promotion policy guidelines framingProcedure detailing-Interview arrangement & co-ordinationAssessment format development- Interview sheet preparation-Panel formation according to merits & performance- communications-Obtaining managements approval- Job description for new/existing roles( competency based)

Absenteeism management- Counseling- communication drafting- suggesting measures for effective reduction of unauthorized absenteeism adopting discipline management processes

Talent acquition-- talent retention & attrition reduction management services

HR auditing- HR audit report generation -Decision auditing to learn from mistakes & sharpen future decision making-Personal service File auditing- Report generation with suggestions for better record maintenance

Welfare schemes handling- implementation of welfare policies-welfare administration( LSA/birth day celebration/co-operative issues-welfare fund issues-indoor & outdoor games/ picnic/ tours/ plantation/ observation of national holidays)- co-coordinating the initiatives of conducting Health, Safety & Environment activities

Career planning management for professional growth- development of goal-oriented structures- periodic review

Performance Management services- Formatting effective PA Forms with assessment sheets- KRA preparation- Feed back of self appraisal- Performance based reward scheme development

Skill InventoryTraining calendar preparation based on skill inventory findings-skill building planning & policy making with procedures building--gap analysis- manpower planning in tune with business plan or projects

Retention of rare skills/talents/assets of the company policy- Related training developments- procedures framing-implementation assistance-satisfaction survey analysis

Exit interview arrangement / conducting & documentation with suggestion to Top management- policy revision if required

Employee communication ( including bereavement communications)- content development-Display matters preparation for Notice Board (educative & knowledge/awareness developing issues)- Notice Board displays( statutory)

Organizational culture development policy framing- Assistance for implementing practices-periodical review for betterment- motivation & morale building-creating a Trust-worthy work environment-developing mutual relationships

Organizing Training & Development for workmen & executives on different need- based issues on identification- module preparation-Training evaluation & post training impact feedback analysis with reporting

Suggestion scheme( for betterment/development/cost reduction/energy savings/accident prevention/process control/productivity improvement etc.) floating arrangements-rewarding management-communications-assistance implementation of accepted/approved suggestion

Potential survey analysis with interaction of identified employees- training needs assessment-module preparation in tune with business needs based on Findings

Team building- Team management issues-interpersonal relationship building & networking-Reporting structure building & streamlining

Assisting in implementing best HR practicesinternal survey of work environment-knowledge sharing-sharing concern-surprise factor-rewarding factor-open management functioning-publicizing good performers/contributors/achievers-Feedback securing from different sources & performance evaluation at different levels-incentive for appreciated performance-suggestion box-innovation day observance- desk for personal services-superior work-life value proposition-task-based committee formation with real authority & many more

Suggesting measures for work-life balancing after interactive/counseling sessions ( individual /group)- Flexible options- elimination of ill effects( stress management/ health issues

Downsizing of manpower- VRS scheme drafting, planning &implementation

Dealing with incentive policies vis--vis productivity norms ( not related to Industrial Engg.)- Agreement /policy drafting- Deed of contract/modifications

HR MIS formatting periodic report generation to facilitate decision making

INDUSTRAL RELATION/EMPLOYEESRELATIONS Union communication-Negotiation-dealing with grievances-Formation of Works committee- Dealing with works committee proceedings- communication of WCs decisions

Settlement of Charter of Demands through negotiation-Bi-partite Agreement drafting ,presentation & finalizing following settlement proceduresPreparation & finalization of Tripartite Agreement- preparation of agreed minutes of the meetings with union- preservation of important documents- all sorts of union communication Notification matters

Drafting & certification of Standing Orders- modification of standing Orders & rules, Service Rules-Induction manual- HR manual drafting etc etc.

Dealing with legal issues-attending conciliation meetings- Tribunal cases- Court cases- liaison with advocates-legal conferencing-representing management- petition drafting/verification/modification- systematic sequential record keeping of court proceedings/verdicts/status reports

Conducting IR audit-interaction Assessing IR situation& report generation

Arrangement for constituting Sexual harassment committee (where female employees work)- advising for holding meetings-record keeping & preservation as per Supreme courts directive

Grievance Handling mechanism preparation- addressing grievances ( both internal & external customers)- communications to solution seekers-counseling-delving out root cause & finding best acceptable resolution- Grievance Redressal Mechanism preparation- communication-application of procedures for best restructured resolve- Registers maintenance & preservation

Strategizing IR issues- -implementation of IR policies & practices- Arrangement for Union election- works committee election for formation of works committee

Dealing with resignations/ quit/discharge/dismissal/ termination/retirement/ superannuation matters

Drafting of service rules- minutes of the safety committee & other meetings- scanning & preservation of IR documents

Conducting internal safety audit vis--vis compliance reporting

Conflict management services & building up cordial inter-personal relationships

Discipline management services- drafting of warning/caution letters, show cause/ Charge sheets- suspension order- appointment of Enquiry officer- liaison with EO-appointing of Managements representative ( MR)-Notice of enquiry-holding domestic enquiry-Order sheet preparation- report & Finding generation- dismissal communication preparation- awarding any other punishment

Employee communicationContent development for House JournalBengali translation

Preparation of policies on code of ethics & implementation procedures with review

PR & CSR ISSUES Liaison with statutory & other Govt / Non-govt authorities, local bodies,local administration etc.- report generation-action plan preparation

Initiation of finding out ways & means for community development- communication with various local representative bodies- suggesting measures for development of societal relationships involving management Developing CSR activities.

Giving ideas for CSR activities

ADMINISTRATIVE FUNCTIONS/ ESTABLISHMENT MATTERS Security issues-intelligence networking process initiatives-protection of cos properties & lives of all stake holders- manpower mobilization-system development-access control-fire safety issues-intelligence networking-Discipline

management- visitors managementFIR drafting- dealing with associated legal matters

Liaison with local P.S, Municipalities/ Corporation/ Chamber of commerce/ neighboring companies BLROs office- Telephone office/SDO s office/DM & SPs office

Canteen administration conducting administrative audit-statutory audit-system development

Mediclaim processing-liaisoning with TPA / Insurance company-Follow ups- Agreement drafting etc.

House journal/News letter content development- Bengali translation

Facility management-Guest House management-Hospitality management- AMC management services & follow ups

Departmental budgeting- interactions with HODs-Annual activities reviewing etc. Prioritizing annual activities

OHC / Ambulance Room administration- Reception administration

STATUTORY & LEGAL MATTERS Contract Labour management- Training on statutory compliances-statutory compliances of Principal employers lawful obligations

Apprentice management services- Liaison with BOPT ( Govt of India)- Return submission- stipend reimbursement process from BOPT

Statutory compliances under Factories Act, Bonus Act, Gratuity Act, Payment of Wages Act, Minimum wages Act, Contract Labour (R&A) Act, Pollution Control Acts, Apprentices Act, Shops & Establishment Act, Employees Compensation Act, ESI/PF Act/ID Act/WB Labour Welfare Fund Act, HRA Act, Employment Exchange (Compulsory Notification) Act, Private Security Act, Municipality Act, Co-operative Societies Act , WB Subsistence Allowance Act etc.etc.

Conducting audit on labour laws & other laws of the land as per requirement- report generation

Agreement / Contract drafting modification-updating/ maintaining & preserving statutory records

Dealing with pollution control matters Application-NOC to Establish, NOC to operate

Written statement drafting- petition filing- Dealing with Tribunal /conciliation/Labour court/ High court cases- co-coordinating with practicing lawyers- conferencing

Liaisoning with all statutory authorities

Dealing with Group gratuity case with LICI as required u/s 4A of the Gratuity Act,1972- Resolution preparation-other document generation- liaison with LICI- etc.

Industrial relations1. 1. L IA S R N T O S I U T S D A N L WI E L A R R & AB O L2. 2.DEFINING IRIndustrial relations encompasses a set of phenomena, both inside and outside the workplace, concerned with determining and regulating employment relationshipRelationship between management and employees or among employees and their organization that characterize and grow out of employment.3. 3.THEORIES AND CONCEPTS USED TO ANALYSE INDUSTRIAL RELATIONS Approaches Used to Define Industrial Relations (1) (1) Institutional-based definitions: industrial relations are the sum of institutional processes that establish and administer the rules regulating workplace relations (2) Social Psychology-based definitions: industrial relations are the sum of social psychological interactions between individuals (3) Class-based definitions: industrial relations are the sum of institutions, interactions and processes that are a product of wider social and economic influences, in particular the class divisions of contemporary capitalism4. 4.Approaches Used to Define Industrial Relations (2) Ddefinitions that seek to include all matters contained in the first three definitions within other terms:(4) Human Resource Management: contracts of employment (involving trade unions, worker collectives, labour courts and government agencies), as well as management of conflict arising out of the personal interactions of individuals in the workplace, are part of labour management functions ( i.e. recruitment, selection, training, development, performance management, and so on)(5) Employment Relations (or Employee Relations): contracts of employment (involving trade unions, worker collectives, labour courts and government agencies), as well as the management of conflict arising out of the personal interactions of individuals in the workplace, are part of workplace relations, together with the normal functions of Human Resource Management.5. 5.OBJECTIVES OF IRTo enhance economic status of workerTo avoid industrial conflicts and their consequencesTo extend and maintain industrial democracyTo provide an opportunity to the worker to have a say in the management decision makingTo regulate production by minimizing conflictsTo provide forum to the workers to solve their problems through mutual negotiations and consultations with managementTo encourage and develop trade union in order to develop workers collective strength6. 6.NATURE OF IRIR arise out of employer employee relationsIR is a web of rules: formed by the interaction of Govt, industry & laborIR is multi dimensional: influenced by complex set of institutional. economic & technological factorsIR is dynamic and changing: keep pace with employee expectations, trade unions, employer associations and other economic and social institutions of societyIR is characterized by forces of conflict and compromise. Individual differences and disagreements resolved through constructive means.Govt influences and shapes IR: with its laws, rules, agreements through executive and judicial machineryScope of IR is very wide as it covers grievances, disciplinary measures ethics, standing orders, collective bargaining, participatory schemes and dispute settlement mechanism etcInteractive and consultative in nature: in resolving conflict,controversies and disputes between labor and management.7. 7.SCOPE OF IRManagement Union relationshipEmployer Employee relationshipRelationship amongst various groups of employeesEffect of extraneous factors like state, socio-political- economic factors on workplace relationships8. 8.APPROACHES TO INDUSTRIAL RELATIONS Approaches to organisations Unitary Pluralistic Marxist Authoritarian Co-operation Evolution Conflict Paternalism Revolution Approaches to industrial relations Input Conversion Output Institutions Conflict Regulation and (differences) (rules) processes Human Systems Social action Control of resource the labourmanagement process Wider approaches to industrial relations Labour market Comparative9. 9.UNITARY APPROACHIR is grounded in mutual cooperation, individual treatment, team work and shared goals.Work place conflict is seen as temporary aberration, resulting from poor managementEmployees who do not mix well with organization cultureUnions cooperate with the managementManagements right to manage is accepted because there is no we they feelingUnderlying assumption is that everyone benefits when the focus is on common interest and promotion of harmonyBased on reactive strategy. Direct negotiation with employeesParticipation of Govt, tribunals and unions are not sought or are seen as being necessary for achieving harmonious employee relation10. 10.PLURALISM(CONFLICT APPROACH )Pluralism is belief in the existence of more than one ruling principle, giving rise to a conflict of interests.The pluralist approach to IR accepts conflict between management and workers as inevitable but containable through various institutional arrangements ( like collective bargaining, conciliation and arbitration etc) and is in fact considered essential for innovation and growth.It perceives organizations as coalitions of competing interests , where the managements role is to mediate among the different interest groups.It perceives trade unions as legitimate representative of employee interestsIt also perceives stability in IR as the product of concessions and compromises between management and unions.Employees join unions to protect their interests and influence decision making by the management. Unions thus balance the power between management and employees. In pluralistic approach a strong unions is not only desirable but necessary11. 11.MARXIST APPROACHMarxists like pluralists also regard conflict as inevitable but see it as a product of capitalistic society where as pluralist believe that the conflict is inevitable in all organizationsFor Marxists IR has wider meaning. For them conflict arises not because of rift between management and workers but because of the division in the society between those who own resources and those who have only labor to offer.Marxist approach thus focuses on the type of society in which an organization functions.Industrial conflict is thus equated with political and social unrestTrade Unions are seen both as labor reaction to exploitation by capitalists, as- well-as a weapon to bring about a revolutionary social change. Wage related disputes as secondaryFor them all strikes are political and they regard state intervention ( via legislations and creation of Industrial Tribunals ) as supporting managements interests, rather than ensuring a balance between the competing groups.12. 12.SYSTEMS APPROACHIR - a social sub-system within the econ. & political systemsComponents actors contexts (influences & constraints on decisions & action e.g. market, technology, demography, industrial structure) ideology - beliefs affecting actor views - shared or in conflict rules - regulatory elements i.e. the terms & nature of the employment relationship developed by IR processes13. 13.OTHER APPROACHES OF INDUSTRIAL RELATIONS ( DIFFERENT SCHOOLS OF THOUGHT )PSYCHOLOGICAL APPROACHDifferences in the perceptions of labor and management wrt factors influencing their relations i.e. wages. Benefits, services and working conditions etcDissatisfaction compels workers to turn aggressive and resort to strike, lockouts and gherao etc.SOCIOLOGICAL APPROACHSociological factors such as value system, customs and traditions etyc affect the relations between labor and managementHUMAN RELATIONS APPROACHHuman behavior is influenced by feelings, sentiments and attitudes. As per this approach humans are motivated by variety of social and psychological factors like economic and non-economic awards to be used.GIRI APPROACHCollective bargaining and joint negotiations be used to settle disputes between labor and management. Outside interference to be avoided.GANDHIAN APPROACHworkers right to strike but cautioned that this right be exercised in just cause and in a peaceful and non- violent manner for minimum wages etc like satyagrah- Non violent non- cooperation14. 14.ROLES OF WORKERS,MANAGEMENT & GOVERNMENT15. 15.PARTIES TO IR EMPLOYEES EMPLOYERS EMPLOYEE EMPLOYER-EMPLOYEE EMPLOYER ASSOCIATIONS RELATIONS ASSOCIATION COURTS GOVERNMENT & TRIBUNALS16. 16.ROLE OF WORKERSWORKERS and their ORGANIZATIONS( Trade Unions or Associations )Trade unions have a protecting role of safeguarding workers interests,Regulating function of ensuring implementation of statutes / ActsEnsuring non-violation of workers rightsTrade Union Act provides Status and Authority for the power vested in themThis power is used for negotiating Wage Interests, better benefits and service conditions, concessions, more amenities and welfare schemesStructure of Workers organization or Trade unions differs from country to country17. 17.ROLE OF MANAGEMENTAn organization is represented through officials designated in the organization structure for coordination of activities relating to:Administering employee benefitsRegulating terms and condition of employmentProviding welfare and social security benefitsCoordination is done through graded hierarchical and formal communication channels of orders and directivesStyle and manner in which employer organizations get work and regulate the terms and conditions of employment affects the industrial relations of the unit.18. 18.ROLE OF GOVERNMENTGovt or state machinery regulates the relationship between workers organizations and employers organizations.It does it through : - Statutes and legislations, - The judiciary- labor courts industrial tribunals - An executive machinery- that lays down rules, procedures and gives awards and monitors them19. 19.EMPLOYMENT RELATIONSDunlops model20. 20.FACTORS AFFECTING EMPLOYEE RELATIONSINTERNAL FACTORS:Attitudes of management to employees and unionsAttitudes of employees to management and unionsAttitudes of unions to unions to management and employeesPresent and likely future strength of unionsEffective and agreed procedures for discussing and resolving grievances or handling disputes within the companyInter union rivalries in case of more than one unionEffectiveness and capability of managers and supervisors in resolving grievances and handling disputes.Companys strategy wrt expansion, diversification, contraction , stabilization, turnaround and stagnation etcQuality of work life ( QWL), growth and developmental opportunitiesDegree of Autonomy and Empowerment given to employees;21. 21.FACTORS AFFECTING EMPLOYEE RELATIONSEXTERNAL FACTORS:Militancy of unions- nationally or locallyAuthority and effectiveness of the employers familyThe extend to which bargaining is carried out at national, local or plant levelThe effectiveness of any national or local procedure agreements that may existEmployment situation nationally or locallyLegal framework within which IR exists22. 22.SOCIAL SECURITY( IMPACT ON EMPLOYEE RELATIONS )Social security is one of the key components of labor welfareLabor welfare refers to all such services, amenities and facilities to the employees that improve their working conditions as-well-as their standard of livingSocial security benefits provided by an organizations should protect not only their employees but also their family members including financial security and health care etcSocial security envisages that the employee shall be protected against all types of social risks that may cause undue hardship to them in fulfilling their basic needs.Accidents, job losses, retirement, sickness, death while on duty- these are realities of working life and leave a person and his dependents vulnerableSocial security is an attempt by the employer and the state io institute measures that mitigate such social risks23. 23.MAJOR LEGISLATIONSIndia being a welfare state has taken up itself the responsibility of extending various benefits of social security and social assistance to its citizens.Although the constitution of india is yet to recognize social security as a fundamental right, it does require state to promote the welfare of the people by providing social, economic and political justiceConstitution requires companies to make effective provisions for making effective provisions for securing right to work, to educate and public assistance in case of unemployment, old age, sickness and disablement. Securing just and humane conditions of work. Raise level of nutrition and standard of living, improvement of public health etcA social security division has been set up under the ministrybof labor and employment.In the context of labor , social security aims at reducing risks against loss of earnings or earning capacity due to old age,illness or work- related injuries.24. 24.Social security to the workers is provided through 5 major Acts:1. The Employees State Insurance act, 19482. Employees provident Fund and Miscellaneous provisions Act3. The Workers Compensation Act4. The Maternity Benefit Act5. The payment of Gratuity ActIn addition there are large number of welfare funds also for some specific segmentsMajor thrust of social security relating to labor is on: a) Provisions relating to medical facilities, compensation benefits and insurance coverage incase if accidents, incapacity, illness etc.. b) Provisions relating to provident fund and gratuity25. 25.TRADE UNIONS &INDUSTRIAL DISPUTES26. 26.WHAT IS A TRADE UNION?Definition: An organization of workers or employees formed mainly to _ Negotiate with the employers on various employment related issues Improve the terms and conditions at their workplace Enhance their status in societyIn most countries, there are laws governing the formation, membership and administration of trade unions.27. 27.ORIGIN & GROWTH OF TRADE UNIONMOVEMENTIndustrialization brought about new economic and social order in societies. TU emerged as a result of industrialization in new social orderFirst workers union in India under the leadership of Mr Lokhande was developed in 1890Beginning of labor movement in the modern sense started after the outbreak of World War IEconomic. Political and social conditions influenced the growth of trade union movement in India.Establishment of ILO helped the formation of TUs in the countryIn 1920 AITUC( All India Trade Union Congress) was formed- the 1st All India trade unionWorld War II brought splits in AITUC. Efforts of Indian National Congress resulted in the formation of INTUC( Indian National Trade Union Congress)Socialists separated from AITUC formed HMS( Hind Mazdoor Sabha) in 1948Some other unions were also formed. They were BMS ( Bhartiya Majdoor Sangh) in1955, HMP( Hind Majdoor Panchayat) in 1965, CITU( Centre of Indian Trade Union ) in 197028. 28.PRINCIPLE OF TRADE UNION1. UNITY: Unity is strength2. Workers must not be discriminated wrt EQUALITY: caste, creed, sex etc. Each worker should get equal pay for equal work3. Security of their employment and their SECURITY: families must be safeguarded29. 29.OBJECTIVES OF A1. TRADE UNION Collective bargaining Represent members to negotiate with employers, for better wages and conditions of employment1. Safeguard jobs Protect jobs of members1. Cooperate with employers For the benefits of members, resolve disputes in a mutually acceptable manner30. 30.OBJECTIVES OF A TRADE UNION activities4. Political - Support pro-union political parties5. Social activities - Support members with recreation facilities and benefits for unemployment, illness, retirement, death31. 31.TYPES OF UNIONS1. Craft union Same craft or occupation1. General union For unskilled workers1. Staff union Non-manual workers32. 32.TYPES OF UNIONS4. Industry union Same industry, regardless of skills, occupation or job4. House union (company or enterprise union) All members are from the same company regardless of occupation or job33. 33.WHY WORKERS JOIN UNIONS1. Higher wages and better working conditions Collective bargaining with employer2. Job security More secured with collective agreement3. Social need Meet co-workers from other departments or companies34. 34.WHY WORKERS JOINUNIONS4. Upgrading of skillsAttend training courses organized by union5. Peer pressureColleagues are members6. Self-fulfillmentServe other members35. 35.OBJECTIVES/IMPORTANCE OF TRADE UNIONSWages & salaries Policy matter but differences in implementation, so comes the role of trade unionWorking conditions safeguarding workers health: Lighting & ventilation, sanitation, rest rooms, safety equipments ( hazards free atmosphere , drinking water, refreshments, working hours, leave & rest, holidays with pay, job satisfaction, social security benefits and other welfare measuresDiscipline Protect workers from victimization by management- transfers, suspensions, dismissals etcPersonal policies Fighting against improper implementation of personnel policies wrt recruitment, selection, promotion, transfer, training etc..Welfare Solving difficulties of workers through collective bargaining wrt sanitation, hospitals, quarters, schools, colleges and other basic amenitiesEmployer- employee relations Bureaucratic attitude and unilateral thinking of mgmt may lead to conflicts Trade unions go for constant negotiations for industrial democracy and peace.36. 36.Negotiating machinery Based on give and take principle, negotiations continue till parties reach an agreement. Protect interests of workers through collective bargaining.Safeguarding organizational health Methods evolved for grievance redressal, techniques adopted to reduce absenteeism and labor turnover. upgrading skills- attend training courses organized by unions37. 37.ACTIVITIES OF TRADE UNIONECONOMIC: Improved economic status, shorter working day, improvement in living and working conditions, better health & safety standards, upgrading welfare facilities, reducing inequalities- both internally & externallyPOLITICAL: Seeking / obtaining political power through political affiliations, lobbying activities to influence the cause of labor and legislations, participating & representing workers on bipartite forums, developing revolutionary ideologies among workers, protesting against Govt. decisionsSOCIAL: Initiating & developing workers education system, organizing welfare & recreational facilities, providing monitory and other help during period of strike and economic distress, running cooperative welfare schemes and societies, hosing needs/ community development, organizing cultural functions & social welfare programmesNATIONAL / INTERNATIONAL LEVEL: Representing workers at the national level on advisory committees, associating with national federations for unity & solidarity, Raising funds in case of national / International calamities or tragedies38. 38.FEATURES OF AN EFFECTIVE TRADE UNIONInternally democraticHave a strong leadershipExhibit a responsibility towards their worker membersCommitted to promote industrial peace and harmonyInclined towards collective bargaining that is collaborative and not competitrivePossess financial securityAdaptable to change39. 39.INDUSTRIAL DISPUTE AND INDIVIDUALDISPUTEIndustrial dispute means any dispute or difference between employers and employers, or between employers and workmen or between workmen and workmen, which is connected with employment or non-employment or the terms of employment .The dispute has to be between plurality of workman and employerIndividual workman cannot raise an industrial dispute40. 40.INDIVIDUAL DISPUTE DEEMED AS INDUSTRIALDISPUTE 1965 amendment to I.D ACT and insertion of 2A. Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer.shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute. This definition is not applicable to disputes short of termination41. 41.FORMS OF UNREST/DISPUTESSTRIKES: A strike is spontaneous and concerted refusal of work and withdrawal of labor from production temporarily. It is a collective stoppage of work for pressurizing their employers to accept certain demands.TYPES OF STRIKES:SYMPATHETIC STRIKE: To show sympathy with workers in other industriesGENERAL STRIKE: Strike by all or most of the unions in an industry or a regionUNOFFICIAL STRIKE: Strike undertaken without the consent of the unionsSECTIONAL STRIKE: Refusal of a section of a given class of workers to perform their normal dutiesBUMPER STRIKES: to paralyze the industry firm by firmSIT DOWN /TOOL DOWN/PEN DOWN: Strike when unions plan strike and workers cease to perform but do not leave the place of work:SLOW DOWN STRIKE: Go-slow tactic, workers do not stop working but dot perform at their normal paceLIGHTNING STRIKE: Workers may go on strike without notice or at very short notice with an element of surpriseHUNGER STRIKE: To gain sympathy from public and get noticed by employer workers may decide to forego food for a specified period. Such non-violent protests generally bring moral pressure on employers42. 42.FORMS OF UNREST/DISPUTESLOCK-OUTS:It is the counterpart of strike.It is the weapon available with employer to close down the factory till the workers agree to resume work on the conditions laid down by employer.If it is impossible to meet the demands of workers, employers may decide o go for lock-outAn employer may also pull down the shutters so as to bring psychological pressure on the workers to agree to his conditions or face the closure of unitGHERAO:Gherao means to surroundGroup of workers initiate collective action aimed at preventing members of he management from leaving the office. This can happen outside the premises tooPersons who atre under gherao are not allowed to move for a long time, sometime even without food or waterNational commission on labor has refused to accept it as a form of industrial protestPICKETING and BOYCOTTWhile picketing workers carry/display signs ,banners and placards( In connection with dispute), prevent others from entering the place of work and persuade others to join the strikeBoycott aims at disrupting the normal functioning of an enterprise, Through forceful and negative behavioral acts, strikers prevent others not to cooperate with employer43. 43.MANAGEMENT ACTION TO COUNTER STRIKESEMPLOYERS ASSOCIATION:Employers may form their unions to collectively oppose the working class and put pressure on trade unionsLOCKOUT:It is the counterpart of strike.An employer may close down the place of employment temporarily. It is very powerful weapon available with employer to pressurize workers till they agree to resume work on the conditions laid down by employer.If it is impossible to meet the demands of workers, employers may decide o go for lock-outAn employer may also pull down the shutters so as to bring psychological pressure on the workers to agree to his conditions or face the closure of unitTERMINATION:Employer may resort to suspension or disciplinary action leading to termination of workers on strike. The list of employees so suspended or dismissed may be circulated to the other employer so as to restrict their chances of getting employment with other employers.44. 44.CHANGING ROLE / PUBLIC PERCEPTIONTRADE UNIONSChange in the attitude of unions towards management, Industry, Govt. and economyUnions becoming increasingly matured, responsive and realistic Gone are the days of frequent strikes, bandhs, gheraoes and violenceUnions are reconciled to economic reforms. The accent is on opposing the adverse impact of reforms and not the reformsDiscussion among trade union circles is now on issues like productivity, TQM, Technology, competition, MNCs, exports etc..Unions aware of the Right Sizing and feel the need for suplus labor fat to be shedDays when unions were affiliated with political parties are gone by. Today thrust is on de- politicization of unionsExperience of politically free unions is pleasant, reinforcing the belief that farther the unions are from politics, more advantageous it is for them45. 45.Workers association in our country is highly fragmented and the consequence is multiplicity of unions, which weakens the bargaining strength of employees.One of the defects of trade union movement in India has been the phenomenon of outside leadership. The fault of outside leadership lies with trade Union Act, 1926 itself. The act permitted outside participation to the extent of 50% of the strength of office bearers in a union.Trade Unions are at cross roads. Their membership is declining, Their political support is waning, public sympathy is receding, their relevance itself is at stakeManagements on the other hand are on the offensive. They are able to force unions to accept terms and conditions. Workers,officers and managers are mercilessly terminated in the name of restructuring, downsizing etcProfessionalisation of trade unions movement is another trend witnessed, they are trying to upgrade their leadership quality. Topics lie IT, strategic planning, diversity, networking and productivity etc now form inputs in training programmes organized for union leaders46. 46.TRADE UNIONISM IN INDIA TODAYUnionization according to industry/region/state70,000 registered trade unions , many not regisered9 central unions, all affiliated to political parties2 % of the union force unionizedPSUs: Industrial level collective bargaining in coal/steel, enterprize level elsewherePrivate sector: Plant level collective bargainingUnion density according to the size of of industryCraft unions in Govt transport sectorUnionization in India under recessionTwin battle against Inter Union Competition and assertive management47. 47.MAJOR PROBLEMS FACED BY TRADE UNIONSIN INDIAOutside or political leadershipMultiplicity of trade unionsSmall size of unionsLow membershipUneven growthPoor financial positionLow level of knowledge of labor legislationFear of victimization48. 48.TRADE UNION ACT (1926)It legalizes the formation of trade unions by allowing employees the right to form and organize unions and also strengthen bargaining power of workersAct aims to provide law for the registration of trade unions and get it registered under the actPermits any seven persons to form a unionOBJECTIVESLay down conditions governing the registration of trade unionsDefines obligations of trade unionsPrescribe rights and liabilities of a registered trade unionSTATUS OF A REGISTERED UNIONIt becomes a body corporateIt gets a common sealIt can buy and hold movable and immovable propertyIt can enter into contracts with othersIt can sue and be sued in its name49. 49.TRADE UNION ACT (1926)REGISTRATION:A trade union formed with at least 7 members may apply for registration with following documentsA copy of the rules of trade unionName, occupation and addresses of membersName of trade union and address of its office Office Bearers of the trade unionsIn case already in operation- submit statement of accounts/assets and liability statementOBLIGATIONS: It should have a name, clearly laid down objective, membership list readily available, purpose for which funds shall be utilized, members to be the actually working persons , Honorary/temporary office bearers, conditions for benefits/fines, conditions under which rules shall be amended, manner in which office bearers shall be appointed, safe custody of funds and manner in which trade union shall be dissolvedRIGHTS AND LIABILITIES Section 15 of the Act provides for certain obligations and liabilities of registered unionsIt also stipulates the purpose for which funds can be utilizedTHE AMALGAMATION OF TRADE UNIONS:Any two or more registered unions may get amalgamated together as one trade union50. 50.INDUSTRIAL DISPUTE ACT (1947)Ever expanding complex multi product/project companies with diverse and conflicting interests of workmen and employers, growing labor consciousness, resulting in strikes and lockouts, lead to the outcome of Industrial dispute Act, 1947Main provisions of the Act are:Settlement machinery -Provides suitable machinery for investigation, just, equitable and peaceful settlement of industrial disputes and aims to provide justice both to employers and workmen - Collective bargaining, NegotiationAims at promoting security, amity and good relations between employer and employee or between employers and workmen or among workmenPrevent illegal strikes and lockouts and explains the contingencies when these can be lawfully resorted to or when these can be declared illegal or unlawful.Provide conditions and relief to workmen in the matters of lay-offs, retrenchment, dismissals and victimization Last in first out in a retrenchment case or specific reasons in case of othersProvides conditions under which an industrial unit can be closed down 60 days notice to be given of intention to close down any undertaking Compensation to workmen in case of closing downGet the workmen the right of collective bargaining and promote conciliationLists down unfair labor practices on the part of both parties introduced in 198451. 51.MACHINARY FOE SETTLEMENT OF INDUSTRIALDISPUTESKEY PROVISIONS OF ID ACT:COLLECTIVE BARGAINING:It is a technique by which disputes as to conditions of employment are resolved amicably, by agreement rather than coercionNEGOTIATIONCONCILIATION AND MEDIATION: It is facilitated negotiation, essential in public utility services, Binding on parties to the disputesARBITRATION:Voluntary Arbitration: agreement between workman and management, Send copy to the Govt and conciliation officer, publication of agreementADJUDICATION52. 52.Compulsory Adjudication LC, IT, NT Reference by the Appropriate Government Sec. 10(1) Award Sec. 18(3) of ID Act S. 2-A, 33-A Publication of awardConciliation (if successful Judicial review - Art. 226 or Settlement) Art. 136 Sec. 18(3) of INDUSTRIAL The I D act DISPUTES Voluntary Arbitration 10-A Award 18(2) & 18(3) Judicial review - Art. 226 or Art. 136 Collective Bargaining If successful settlement Sec. 18(1) of ID Act53. 53.PUBLICATION OF AWARDSPublication is mustTime duration of 30 days is directoryAward comes in to operation 30 days after publicationTribunal to recall the award54. 54.CONDITIONS FOR SUCCESSFUL BARGAINING1. Freedom of association Workers and employers are free to form their own associations to represent their interests.1. Stability of union Unions have to be stable for collective bargaining to be effective union is able to honor the agreement.1. Recognition of union by employer Collective bargaining begins after employer recognizes the union that claims to represent the specific group of workers.55. 55.CONDITIONS FORSUCCESSFUL BARGAINING4. Good faith Both parties must be willing to resolve differences to reach an agreement.5. Mutual respect Relationship affected and process becomes tense and difficult if any party used unfair practices such as victimization.6. Supportive legal system Employment laws to ensure process takes place in an orderly manner.56. 56.NEGOTIATIONSProcess depends on these factors: 1. Subject matter to be discussed 2. Persons involved 3. Circumstances under which the discussion is held.A Typical Negotiation Process begins with each party stating its position.As discussion progresses, each party adjusts its demands to seek a mutually acceptable agreement.57. 57.STEPS IN NEGOTIATION1. Preparation Each party must know what it wants.1. Presentation Each party presents its case.1. Exchange and compromise Parties look for possible adjustment or compromise.1. Reaching an agreement Parties sign a written statement on what have been agreed.58. 58.WAYS TO SETTLE DISPUTESImpasse: settlement cannot be reachedImpasses may be solved by these alternatives:ConciliationMediationArbitration59. 59.WAYS TO SETTLE DISPUTESConciliation Impartial third party helps the two parties to reach a mutually acceptable settlement. Conciliator meets parties separately or together to exchange information, clarify issues and settle misunderstanding. Conciliator does not impose a solution but works with the parties to enable them to come to an agreement.60. 60.WAYS TO SETTLE DISPUTESArbitration Third party settles the dispute by making an independent decision for the two parties. Some prefer arbitration as the responsibility for reaching agreement is made by a neutral party (quite often, appointed by the government e.g. Arbitration Court). Arbitration gives some people the impression that they did not give in to the other party but fought all the way to the Arbitration Court.61. 61.WAYS TO SETTLE DISPUTESMediation Impartial third party helps to reach a mutually acceptable agreement. Mediator makes recommendations for the two parties to consider. Final agreement is made by the two parties themselves.

ndustrial relationship is about the relationship between an employee and management. This page carries information about Industrial relations and its concept through definition and description of industrial relation.Industrial relations has become one of the most delicate and complex problems of modern industrial society. Industrial progress is impossible without cooperation of labors and harmonious relationships. Therefore, it is in the interest of all to create and maintain good relations between employees (labor) and employers (management).Definition of Industrial Relations

Industrial relation is defined as relation of Individual or group of employee and employer for engaging themselves in a way to maximize the productive activities.Concept of Industrial Relations:The term Industrial Relations comprises of two terms: Industry and Relations. Industry refers to any productive activity in which an individual (or a group of individuals) is (are) engaged. By relations we mean the relationships that exist within the industry between the employer and his workmen. The term industrial relations explains the relationship between employees and management which stems directly or indirectly from union-employer relationship.Industrial relations are the relationships between employees and employers within the organizational settings. The field of industrial relations looks at the relationship between management and workers, particularly groups of workers represented by a union. Industrial relations are basically the interactions between employers, employees and the government, and the institutions and associations through which such interactions are mediated.The term industrial relations has a broad as well as narrow outlook. Originally, industrial relations was broadly defined to include the relationships and interactions between employers and employees. From this perspective, industrial relations covers all aspects of the employment relationship, including human resource management, employee relations, and union-management (or labor) relations. Now its meaning has become more specific and restricted. Accordingly, industrial relations pertains to the study and practice of collective bargaining, trade unionism, and labor-management relations, while human resource management is a separate, largely distinct field that deals with nonunion employment relationships and the personnel practices and policies of employers.

The relationships which arise at and out of the workplace generally include the relationships between individual workers, the relationships between workers and their employer and the relationships between employees. The relationships employers and workers have with the organizations are formed to promote their respective interests, and the relations between those organizations, at all levels.Industrial relationsalso includes the processes through which these relationships are expressed (such as, collective bargaining, workers participation in decision-making, and grievance and dispute settlement), and the management of conflict between employers, workers and trade unions, when it arises.Need for Industrial RelationNeed of Industrial Relation has arisen to defend the interest of workers for adjusting the reasonable salary or wages. It also helps the workers to seek perfect working condition for producing maximum output. Workers/employees are concerned with social security measures through this. Industrial Relations is also needed for achieving the democracy by allowing worker to take part in management, which helps to protect human rights of individual.