Er Notes
Er Notes
Er Notes
INDUSTRIAL RELATIONS
Prepared by :
INDUSTRIAL RELATIONS:
Concept:
The term “industrial relations” refers to industry and relations. “Industry” means “any
productive activity in which an individual is engaged” and “relations “means “the relations that exist
in the industry between the employer and his workers”. The term ‘industrial relations’ is so broad
that it is not amenable to a precise definition. But the term is used synonymously with labour
relations, employee relations and union-management relations. Even the personnel management is
used interchangeably with industrial relations. In its strict sense, the term “industrial relations
“means “relationship between management and workmen in a unit or an industry”. In its wider
connotation, it means the organization and practice of multi-pronged relationships between
workers and management, unions and workers, and the unions and managements in an industry.
The term industrial relations explain the relationship between employees and management
which stem directly or indirectly from union-employer relationship. Industrial relations are the
relationships between employees and employers within the organizational settings.
Traditionally, the term industrial relations is used to cover such aspects of industrial life as trade
unionism, collective bargaining, workers’ participation in management, discipline and grievance
handling, industrial disputes and interpretation of labor laws and rules and code of conduct.
In the words of Lester, "Industrial relations involve attempts at arriving at solutions between the
conflicting objectives and values; between the profit motive and social gain; between discipline and
freedom, between authority and industrial democracy; between bargaining and co-operation; and
between conflicting interests of the individual, the group and the community.
Industrial relations play a crucial role in establishing and maintaining industrial democracy. The
establishment of good industrial relations depends on the constructive attitude on the part of both the
management and the unions. The maintenance of good human relationships is the main theme of
industrial relations, because in its absence the whole edifice of organisational structure may crumble.
Definition
According to the ILO, “Industrial relations deal with either the relationships between the State and
employers’ and workers’ organisation and the relation between the occupational organisation
themselves”.
The Labour Dictionary defines “Industrial relations” as “the relations between employers and
employees in industry.”
According to Dale Yoder, “Industrial relations” describes “relationships between managements and
employees or among employees and their organizations that characterize or grow out of employment.”
According to J.T. Dunlop, “Industrial relations are the complex interrelations among managers, workers
and agencies of the government”
An economy organized for planned production and distribution, aiming at the realization of
social justice and welfare of the massage can function effectively only in an atmosphere of
industrial peace. If the twin objectives of rapid national development and increased social
justice are to be achieved, there must be harmonious relationship between management and
labour. The healthy industrial relations are key to the progress. Their significance is discussed as
under;
1. Uninterrupted production – The most important benefit of industrial relations is that
this ensures continuity of production. This means continuous employment for all from manager
to workers. The resources are fully utilized, resulting in the maximum possible production.
There is uninterrupted flow of income for all. Smooth running of an industry is of vital
importance for several other industries; to other industries if the products are intermediaries or
inputs; to exporters if these are export goods; to consumers and workers, if these are goods of
mass consumption.
2. Reduction in Industrial Disputes – Good industrial relation reduces the industrial
disputes. Disputes are reflections of the failure of basic human urges or motivations to secure
adequate satisfaction or expression which are fully cured by good industrial relations. Strikes,
lockouts, go-slow tactics, gherao and grievances are some of the reflections of industrial unrest
which do not spring up in an atmosphere of industrial peace. It helps promoting co- operation
and increasing production.
3. High morale – Good industrial relations improve the morale of the employees.
Employees work with great zeal with the feeling in mind that the interest of employer and
employees is one and the same, i.e. to increase production. Every worker feels that he is a co-
owner of the gains of industry. The employer in his turn must realize that the gains of industry
are not for him along but they should be shared equally and generously with his workers. In
other words, complete unity of thought and action is the main achievement of industrial peace.
It increases the place of workers in the society and their ego is satisfied. It naturally affects
production because mighty co-operative efforts alone can produce great results.
There are two important aspects of the industrial relations scene in a modern industrial
society:
1. Cooperation
2. Conflict.
Cooperation:
Modern industrial production is based upon cooperation between labour and capital. Here
labour stands for the workers who man the factories, mines and other industrial establishment
or services. Capital stands for the owners of business enterprises who supply the capital and
own the final product. The cooperation between the two is one of the basic requirements for
the smooth functioning of modern industries and the growth of industrialization.
Conflict:
The second aspect of the system of industrial relations obtaining today is the existence of
conflict, conflict, like cooperation is inherent in the industrial relations set up of today. The
prevailing industrial unrest, the frequency of work –stoppages resulting either from strikes or
lock-outs, and the slowing down of production, are the occasional expressional of the ever
present and latent conflict between workers and the management.
Employers: Employers possess certain rights vis-à-vis labors. They have the right to hire and
fire them. Management can also affect workers’ interests by exercising their right to relocate,
close or merge the factory or to introduce technological changes.
Employees: Workers seek to improve the terms and conditions of their employment. They
exchange views with management and voice their grievances. They also want to share decision
making powers of management. Workers generally unite to form unions against the
management and get support from these unions.
Government: The central and state government influences and regulates industrial relations
through laws, rules, agreements, awards of court and the like. It also includes third parties and
labor and tribunal courts.
Objectives of IR
Employees are the major assets of an organization. It is essential that the employees
perform together as a collective unit and contribute equally towards the realization of a
common goal. No task can be accomplished if the individuals are engaged in constant conflicts
and misunderstandings. It has been observed that targets are achieved at a much faster rate if
the employees work together and share a warm relationship with each other. Employees must
be comfortable with each other to deliver their best and enjoy their work.
Employee relationship management refers to managing the relation between the various
employees in an organization. The relationship can be between employee and the employer as
well as between employees at the same level.
Employee Relationship Management (ERM) is a tool and a strategic process to manage and
increase motivation in the workforce by increased focus on continuous perfection of the
individual relationships between the employer and each employee. The objective of employee
relationship management is to establish and nurture harmonious relationships between
organization management and employees for the achievement of organizational goals. Effective
employee relationship management requires cooperation between managers, representatives
and employees. This calls for development of policies that help to maintain fairness and
efficiency in the work place. Corporate culture provides a benchmark of the standards of
performance among employees: it provides clear guidelines on attendance, punctuality,
concern about quality, and customer service. Moreover, the management style of line
managers directly affect employee relations, since line managers are crucial links to the human
resource function and orchestrate the distinctive skills, experiences, personalities, and motives
of individuals. Good management of employee relations in any business unit ensures schemes
for rewards and recognition, transparent communication system and proper care towards
employee grievances.
Good relationships between employers and employees do not just happen; they are the
result of a strategy and activities that employee relations managers design to improve
communication between employees and management. Employee relations management
creates ways to boost employees' attitudes. Best employee relationship management practices
incorporate labor and employment laws, resourcefulness and human resource expertise in
developing practices that improve working relationships.
Employee relationship management is an art which effectively monitors and manages the
relation between individuals either of the same team or from different teams. Employee
relationship management activity helps
in strengthening the bond among the employees and ensures that each one is contented
and enjoys a healthy relation with each other.
Let us go through certain activities which are imperative for a healthy employee
relationship management:
An individual spends the maximum time at his workplace and one should treat his
team members as a part of one’s extended family. It is important to celebrate festivals
at organization, the same way we do at our homes. Celebrate each other’s birthday and
do ask for treats. Such
informal get together go a long way in improving the relation among the employees.
Individuals come together, enjoy together and come to know lot many things which
actually they don’t bother to find out during the normal working hours. Families must
also be invited for a better bonding. The team leaders must ask their team members to
take their lunch together so that they discuss other things apart from their daily work.
▪ Assign challenging work to your team members so that they feel motivated
to deliver their level best. Do not assign something which they do not find interesting.
The responsibilities must be divided equally among the team members and no
employee should be overburdened. Every employee should be aware of his key
responsibility areas to avoid confusions. No way should the work get monotonous.
▪ The concept of workstations and cubicles must be promoted rather than
closed cabins. People sitting in closed cabins tend to get cut off from rest of the
employees in the organization and are generally lost in their own sweet world. They
would enter their cabins in the morning and come out in the evening and thus
sometimes even don’t get the opportunity to exchange greetings with their fellow
workers. People sitting in workstations tend to talk to each other more often even in
between work and thus relationship improves. One can even walk up to the other’s desk
to have a brief chit chat in order to take a small break and feel relaxed. Employees
sitting together discuss many things and even share their secrets, thus the trust
increases. It is commonly observed that if any of your colleagues sitting next to you is on
leave for some days, you start missing him.
▪ The employees must be motivated to avoid politics and blame games at
work. Such activities are considered highly unproductive and spoil the relationship
among the employees. Backbiting is a strict no no at the workplace. Avoid getting into
unnecessary controversies and useless criticism at work. Respect your team members as
well as your superiors. It is important that one trusts his management rather than
unnecessarily cribbing and finding faults. Avoid conflicts and try to adjust with each
other. It is okay to be friends with your colleagues but don’t have unrealistic
expectations from anyone.
Last but not the least the superiors or the team leaders must not act pricy and try
to dominate their team members. The “Hitler approach” does not work now days. No
one should be afraid of his boss, instead treat him as his well-wisher and mentor who is
always there to support him. The employees must be able to fall back on their team
leader anytime. The team leader must understand the needs and expectations of his
employees and should not be too harsh to them. If they want a leave for a genuine
reason, do grant them. Don’t be after their life if you find them chatting with their
family or friends over the phone once in a while or log on to any social networking site.
These things are natural but make sure the work does not suffer.
Good employee relation signifies that employees should feel positive about their identity,
their job as well as about being a part of such a great organization. Despite the importance of
strong and healthy employee relations, there are circumstances in the life of every organization
when
employee and management relations are hampered. Instances of such circumstances are as
follows-
All the above mentioned organizational factors influencing employees relation must be
carefully tackled. An optimistic approach to strengthen disciplinary culture rooted on shared
norms of employees should be adopted. An effective grievance redressal system should be
there. Stress management strategies should be followed in the organization.
ii. Do not make the employees’ job monotonous. Keep it interesting. Make it
more challenging. This can be done by assigning employees greater responsibilities or
indulging them in training programmes.
iii. Maintain a continuous interaction with the employees. Keep them updated
about company’s policies, procedures and decisions. Keep the employees well-
informed. Informed employees will make sound decisions and will remain motivated
and productive. Also, they will feel as a member of organizational family in this manner.
iv. Employees must be rewarded and appreciated for a well-done job or for
achieving/over-meeting their targets. This will boost them and they will work together
as a team.
v. Encourage employee feedback. This feedback will make the employers aware
of the concerns of employees, and their views about “you” as an employer.
vi. Give the employees competitive salary. They should be fairly paid for their
talents, skills and competencies.
vii. Be friendly but not over-friendly with the employees. Build a good rapport
with the employee. The employee should feel comfortable with the manager/supervisor
rather than feeling scared.
Employer Employee Relation refers to the relationship shared among the employees in an
organization. It is an art which effectively monitors and manages the relation between
individuals either of the same team or from different teams. The employees must be
comfortable with each other for a healthy environment at work. It is the prime duty of the
superiors and team leaders to discourage conflicts in the team and encourage a healthy
relationship among employees. Healthy employee relation has a close connect with improving
productivity and reducing employee turnover.
In today’s era where an employee is considered to be an Asset, it is the prime duty to look
after their sentiments so that “THE ASSETS FOR TODAY DON’T TURN OUT TO BE A LIABILITY IN
THE LONG RUN”.
Let’s go through some steps and strategies to
strengthen healthy relationship in the organization:
Encourage them to be friendly with each-other
Involve your Team-mates
Schedule a get-together on timely basis
Encourage effective communication
Say No To Favoritism
Communication is not only important in our daily lives but also plays a crucial role at
workplace. It is one of the most important factors which either improves or spoils the
relationship among employees. There are some other features which make strong employee
relation very important. Employer Employee Relation They are:
Improves Productivity: Strong employment relations create a pleasant
atmosphere within the work environment; it increases the employee motivation and
can also be increased through improved employee morale.
Increase Employee Loyalty: Creating the productive and pleasant work environment
has a drastic effect on an employee’s loyalty to the business, it encourages a loyal
workforce. Having such a workforce improves employee retention, in doing so the cost of
recruitment, hiring and training is cut drastically.
Reduces Conflicts: When a work environment is efficient and friendly the extent of
conflict within the workplace is reduced. Less conflict results in the employees being able to
concentrate on the tasks at hand and they are therefore more productive.
Increased Morale: One feels secure and confident and thus delivers his best. It is okay
if you share your secrets with your colleagues but you should know where to draw the line.
A sense of trust is important.
Easy Delegation: This also allows you and the employees to acknowledge and
understand their strengths and weaknesses. These are a few points to consider when
delegating tasks;
1. Assign tasks that challenge your employees
2. Assume responsibility for your employees mistakes
3. Do not take credit for your employees achievements
4. Accept your own personal mistakes
“Employer and Employees” are the two wheels of the engine of the organization, a good
and healthy relationship between these two wheels will only take the organization forward.”
▪ Involve your team members: They should feel important and indispensable
for the organization. An individual must be assigned responsibilities according to their
interests and responsibilities. Don’t impose work on them. Let them willingly accept
challenges. They must enjoy whatever they do otherwise they would end up fighting
with their superiors and fellow workers.
▪ Encourage individuals to share their work with each other: This way people
tend to talk with each other more, discuss things among themselves and thus the
comfort level increases. Let them work together and take decisions on their own. A
team leader should intervene only in extreme cases of conflicts and severe
misunderstandings.
▪ Assign them targets and ask all your team members to contribute equally
and achieve the target within the desired time frame. Motivate them to work in
groups. This way employees have no other choice than to trust their fellow workers and
take each other’s help as well. An employee must have the liberty to express his ideas
and all of them should sit together to decide on something which would be beneficial to
all.
▪ One should try his level best that all the employees must have their lunch
together at the same time. Half an hour to fourty five minutes
must be dedicated to lunch and one should not discuss work during lunch time.
There are other topics as well. Discuss movies, sports, shopping or any other thing under
the sun. There will be no harm if the employees go out together once in a while for get
togethers, picnics or shopping. Ask them to bring their family members as well.
▪ Encourage effective communication among the team members. It has been
observed that poor communication leads to confusions and misunderstandings. The
communication has to be precise and relevant. One should not play with words and be
very specific about his expectations from his fellow workers as well as the organization.
If you are not very happy with your colleague’s proposal, don’t keep things to yourself.
Voice your opinion and do express your displeasure. It will definitely prevent a conflict
among employees later and improve the relations among them. Be straightforward.
Don’t pretend things just to please your boss. If you find anything unacceptable, discuss
with your superior but in a polite way.
▪ Written modes of communication must be promoted among the employees
for better transparency. Verbal communication is not as reliable as written
communication. The agendas, minutes of the meeting, important issues must be
circulated among all through emails. Make sure that all the related employees are in the
loop. Don’t communicate individually with any of the employees as the other one might
feel neglected and left out.
▪ Morning meeting is another effective way to improve the relation among
the employees. Let everyone come together on a common platform and discuss
whatever issues they have. The meetings must not be too formal. Allow the team
members to bring their cups of coffee. Start your day with a positive mind. Greet
everyone with a warm smile. Exchange greetings and compliments. If any of your team
member is not in a pleasant mood, do take the initiative and ask what is wrong with
him. Try your level best to provide him a solution.
▪ Organize birthday parties, Christmas parties, New Year parties etc. at the
workplace. These small initiatives actually go a long way in strengthening the bond
among the employees. Ask all of them to decorate the office, their work stations and
make all the necessary arrangements themselves. You will actually be surprised to find
out that everyone would be ready with some thing or the other. Employees would
actually take the initiative and organize things on their own. Let them enjoy with each
other and have fun.
Praise the individual if he has done something exceptionally well. Reward him
suitably. The names of the top performers must be displayed on the notice boards for
others to draw inspiration from them. Encourage everyone to perform well to live up to
the expectations of the superiors as well as the management.
A healthy relation among employees promotes a positive ambience at the work place and
employees feel happy and satisfied at work. They look forward to going to office daily and also
work hard to realize their team’s as well as organization’s goals.
Strategy can be formulated at three levels, namely, the corporate level, the business level,
and the functional level. At the corporate level, strategy is formulated for your organization as a
whole. Corporate strategy deals with decisions related to various business areas in which the
firm operates and competes. At the business unit level, strategy is formulated to convert the
corporate vision into reality. At the functional level, strategy is formulated to realize the
business unit level goals and objectives using the strengths and capabilities of your
organization. There is a clear hierarchy in levels of strategy, with corporate level strategy at the
top, business level strategy being derived from the corporate level, and the functional level
strategy being formulated out of the business level strategy.
In a single business scenario, the corporate and business level responsibilities are clubbed
together and undertaken by a single group, that is, the top management, whereas in a multi
business scenario, there are three fully operative levels.
Levels of Strategy
Corporate Level
Corporate level strategy defines the business areas in which your firm will operate. It deals
with aligning the resource deployments across a diverse set of business areas, related or
unrelated. Strategy formulation at this level involves integrating and managing the diverse
businesses and realizing synergy at the corporate level. The top management team is
responsible for formulating the corporate strategy. The corporate strategy reflects the path
toward attaining the vision of your organization. For example, your firm may have four distinct
lines of business operations, namely, automobiles, steel, tea, and telecom. The corporate level
strategy will outline whether the organization should compete in or withdraw from each of
these lines of businesses, and in which business unit, investments should be increased, in line
with the vision of your firm.
Business Level
Business level strategies are formulated for specific strategic business units and relate to a
distinct product-market area. It involves defining the competitive position of a strategic
business unit. The business level strategy formulation is based upon the generic strategies of
overall cost leadership, differentiation, and focus. For example, your firm may choose overall
cost leadership as a strategy to be pursued in its steel business, differentiation in its tea
business, and focus in its automobile business. The business level strategies are decided upon
by the heads of strategic business units and their teams in light of the specific nature of the
industry in which they operate.
Functional Level
Functional level strategies relate to the different functional areas which a strategic business
unit has, such as marketing, production and operations, finance, and human resources. These
strategies are formulated by the functional heads along with their teams and are aligned with
the business level strategies. The strategies at the functional level involve setting up short- term
functional objectives, the attainment of which will lead to the realization of the business level
strategy.
For example, the marketing strategy for a tea business which is following the differentiation
strategy may translate into launching and selling a wide variety of tea variants through
company-owned retail outlets. This may result in the distribution objective of opening 25 retail
outlets in a city; and producing 15 varieties of tea may be the objective for the production
department. The realization of the functional strategies in the form of quantifiable and
measurable objectives will result in the achievement of business level strategies as well.
Despite the progress made in the past, various issues and challenges have surfaced in this
area of practice that have made it difficult for organizations to function seamlessly. Of these,
issues, which have a critical business imperative, are as follows:
India figures at the bottom of the 10newly industrialized countries in terms of the
competitiveness of its human resources according to the World Competitiveness Report. The
World Competitiveness Report examines the competitive advantage of human resources on the
basis of skills, motivations and flexibility, age structure and health of the people. The criteria
included in this factor are: population, employment, vocational training, and public expenditure
on education, management quality, income levels and health factors.
India’s rank is one of the lowest-134 out of a total of 160 countries in terms of Human
Development according to the 1992 UNDP Report on Human Development. The index takes
into account 3 parameters i.e. longevity (life expectancy), knowledge (adult literacy) and decent
standard of living (per capital income).
India scored 14 points and obtained medium freedom ranking (11 to 30 points) in
terms of Human Freedoms Index(UNDP,1992),covering 40 indicators of freedom to exercise
choices in cultural, social, economic and political affairs.(Venkatratnam,1994)
Although there has been significant reduction in the proportion of people below
poverty line, the magnitude is still very large. As compared to many developing countries,
India’s performance in terms of human resources is not satisfactory. Although the literacy has
increased to 52% in 1991, the no. of illiterates has increased from 301.9millon in 1981 to
328.9million in 1991.
• Labour is a subject in the concurrent list of the Indian Constitution where both centre
and state can amend and frame the labour laws. As a result, labour law varies from state to
state and thus it becomes difficult for IR managers to follow the laws strictly.
dynamism of Contract Labour issues. As a result, IR managers are found with albatross
around their neck.
• The roles of the unions are defined, but their responsibilities are not mentioned.
• A ‘protected workman’ is defined, but there are no such provisions for factory
managers.
• Productivity & Flexibility are not mentioned anywhere in ID Act 1948, so it becomes
difficult to retrench any worker or take any steps against him even though he is not working as
per expectations.
• Difference in wages of the regular employees and contract labours is a major issue of
concern and is one of the main causes for several disputes because many times it has been
seen that there is no difference in nature of the job between regular employee and contract
labour.
So, in race of earning profit many organizations have introduced the concept of contract
labour in practice , which is the most critical issue as far as the applicability of labour laws are
concerned. Many cases(contract labour issues) either it is B.H.E.L Workers Association ,Hardwar
v Union of India (AIR 1985 SC409) or Gammon India Limited v Union of India (AIR 1967 SC691),
one can find the difference in opinions regarding implementation of labour laws. Every
judgement has its own opinion towards the applicability of labour laws. Not only contract
labour issues, an IR manager have to be very cautious while dealing with issues regarding trade
unions, collective bargaining, compensations and different issues in factory.
1. To deal with Trade Unions, Contractors, labours , IR managers should minimize the
use of jargons and they should try to communicate in simple language and if possible try to
communicate in local language to avoid any confusion.
2. Review different labour laws, civil laws and consult with the company’s legal
representative to assure if the company is in compliance with all of these regulations.
3. Always try to listen closely to the employee’s concern. It is not always necessary
to give judgement or suggestions and to enforce certain policies, which are not in law.
4. Sometimes to settle down dispute, An IR manager can take the decision on the
basis of their intuition.
5. Job rotation policy or transfer of the workers are the another way to settle down
the dispute among the workers or employees.
6. They should not try to check the workmen to form unions or groups, which may lead
to aggression among them.
So, it can be easily understood that the IR issues are very critical and it depends
upon managers to make it simple.
Psychological Contract
The psychological contract refers to the unwritten set of expectations of the employment
relationship as distinct from the formal, codified employment contract. Taken together, the
psychological contract and the employment contract define the employer-employee
relationship.
Managing expectations is a key behavior for employers so that they don’t accidentally give
employees the wrong perception of action which then doesn’t materialize. Employees should
also manage expectations so that, for example, difficult situations or adverse personal
circumstances that affect productivity aren’t seen by management as deviant.
Perceived breaches of the psychological contract can severely damage the relationship
between employer and employee, leading to disengagement, reduced productivity and in some
cases workplace deviance. Fairness is a significant part of the psychological contract, bound up
in equity theory – employees need to perceive that they’re being treated fairly to sustain a
healthy psychological contract.
colleagues. Unlike formal contracts of employment, they are often tacit or implicit. They
tend to be invisible, assumed, unspoken, informal or at best only partially vocalised. Because of
this, you have to make a determined effort to find out what they are.
Although it is unwritten and intangible, it represents the mutual expectations that are
felt. It is distinct from an employment contract, which is a written, rigid and formalised
document.
Psychological contracts – like the individuals connected with them – change over time and
are thus inherently unstable. As we ourselves change, as the composition of our work team
changes around us and as our business environment changes, so too do our respective
psychological contracts. They become even more complex, because each of us tends to project
aspects of the psychological contract that we think we’ve negotiated (but may never have
checked out explicitly) on to how we think that other people should behave towards us and to
each other at work.
This can create huge problems. We use psychological contracts as a kind of mental map to
help us to navigate our way through our working day. If we are not conscious of the existence
of this mental map, it may lead us unwittingly to avoid or resist embracing necessary change.
Without effective two-way conversation, the contract between employee and employer (or
even employee and employee) can become imbalanced and a “breach” can occur. Breaches and
how they occur will be discussed later in the article.
A balanced contract shows employees their employer values and respects them and finds
their role within the company important to its success. This leads to increases in productivity
and a positive impact on the business itself. Consistent interaction between employer and
employee can improve employee loyalty and further allows the employee to use their talent to
promote and progress the company’s goals.
Thus, the psychological contract is the responsibility of both the employee and the
employer. Both have separate responsibilities to guard against potential breaches. For the
employer, it’s about making sure not to give the wrong perception to an employee and to make
sure promises are upheld. For the
employee, it’s about managing their expectations so that difficult situations or adverse
personal circumstances aren’t seen as negatively impacting productivity and aren’t seen as a
worker “acting out”.
Importance
Psychological contracts serve an important role within the organization. First of all, not
everything can be spelled out in a traditional contract you sign with the company (nor would
this be a good idea in many instances).
For instance, a company is unlikely to promise your advancement every X years in exchange
for Y in a physical contract. This is because employee performance and varying market
conditions can easily influence that ability to, and timeliness of, such advancements.
As another example, it's hard to codify something like hard work. Sure, you can specify in a
contract that the employee has to work 40 hours a week but those 40 hours can be spent
playing solitaire. And trying to come up with every scenario of what an employee can and
cannot do that constitutes hard work (or not) is near impossible and completely impractical.
This is why psychological contracts are used to fill in the holes, so to speak. They are used to
attract and keep highly-skilled employees with promises that would otherwise be too difficult
or cumbersome to spell out in a traditional contract, in exchange for something that might be
implicitly understood or vocally described.
Thus, to gain the commitment and loyalty of individual employees, it becomes essential that
organisations put in place appropriate systems to foster the identification of employee
expectations and ways to fulfill them. However,
expectations are not easily identified, both on the employers` and employees` side. These
often give rise to breaches on behalf of either one or both parties.
As described by Guest et al (1996), the psychological contract may provide some indication
of the answers to the two fundamental employment relationship questions that individuals
pose: ‘What can I reasonably expect from the organization?’ and ‘what should I reasonably be
expected to contribute in return?’ But it is unlikely that the psychological contract and
therefore the employment relationship will ever be fully understood by either party.
The aspects of the employment relationship covered by the psychological contact will
include from the employee’s point of view:
• Security of employment;
Psychological contracts are not developed by means of a single transaction; they evolve
over time and can be multi-faceted. There are many contract makers who exert influence over
the whole duration of an employee’s involvement with an organization. Spindler (1994)
comments that:
Every day we create relationships by means other than formal contract. As individuals form
relationships they necessarily bring their accumulated experience and developed personalities
with them. In ways unknown to them what they expect from the relationship reflects the sum
total of their conscious and unconscious learning to date.
The problem with psychological contracts is that employees are often unclear about what
they want from the organization or what they can contribute to it. Some employees are equally
unclear about what they expect from their employees. Because of these factors, and because a
psychological contract is essentially implicit, it is likely to develop in an unplanned way with
unforeseen consequences. Anything that management does or is perceived as doing that
affects the interests of employees will modify the psychological contract. Similarly the actual or
perceived behaviour of employees, individually or collectively, will affect an employer’s concept
of the contract.
Nowadays, the new tendency is that employees no more have security in their respective
jobs even though they show commitment to the organisation (Aggarwal and Bhargava, 2009).
Aggarwal and Bhargava (2009) noticed that the employee “exchange flexibility and hard work
for simply having a job”. According to Herriot et al. (1997), this can eventually have a systematic
effect on the employee-employer relationship resulting in the transformation of the established
“trust, loyalty commitment and long-term relationship”.
Previous studies demonstrated that for employers to obtain what they really expect from
their employees, they should give them “appropriate inducements” (Schein, 1965). Employees
who are satisfied and feel part of the
organisation will be more willing to make effort to do their job to achieve organisational
objectives and will be more apt to sort out problems arising in the organisation (Argyris, 1964).
Yet, employers have had to face many difficulties to assess the expectations of employees and
which “kind of inducements will influence employees to make desired contributions” (Aggarwal
& Bhargava, 2009). And as said by the authors: “Management of expectations is critical for
survival of any relationship” (Aggarwal & Bhargava, 2009).
Coyle-Shapiro and Neuman (2004) on their side suggested that the psychological contract of
employees is developed through the “interaction of various macro and micro variables”.
According to Aggarwal and Bhargava (2009), human resource practices are considered as
macro-level variable in contrast to the psychological contract which is defined as a micro-level
one. Psychological contract has been recognised as being “perceptual and idiosyncratic”
(Aggarwal and Bhargava, 2009). The authors have also noted that even though the organisation
provides employees with identical advantages, the employees’ responses will be different
(Aggarwal and Bhargava, 2009).
Moreover, various investigations have demonstrated that human resource practices form
part of the variable that inspired the perception of employees towards the psychological
contract and organisational outcomes (Kotter, 1973; Rousseau, 1990). Rousseau and Wade-
Benzoni (1994) also believe that HR practices and psychological contract are both linked to the
organisation strategy. According to Arthur (1994), HR practices firstly affect “employee’s
Furthermore, it has also been stated that “HR practices impact firm performance by
creating structural and operational efficiencies” (Arthur, 1994). Berg (1999) on his side believes
that having a “strong HR system” tends to improve employee’s satisfaction towards their job. It
is also assumed that having such a system in an organisation reduces exhaustion in employees
(Godard, 2001). In simple terms, it can be stated that the business strategy and employment
strategy have an impact the way we design our HR practices and this eventually shape the
psychological contract of our employees (Aggarwal and Bhargava, 2009).
Transactional:
The transactional contract is present when employment arrangement is of a short-term or
limited duration primarily focused on exchange of work in lieu of money with a specific &
definite description of duties & responsibilities and limited involvement in organisation this is
particularly true for employees hired on short-term contracts as well as workers located off-site
Relational:
The relational contract results from long-term employment arrangements based upon
mutual trust and loyalty Growth in career and remuneration comes mainly from seniority Other
benefits and rewards are only loosely related to work performance The contract is derived from
long term membership and participation in the organisation This type of contract is very
common in family run organisations in India Where ‘trusted and loyal’ employees manage
most of the senior managerial/supervisory work in the organisation
Transitional:
It is a cognitive state which reflects the changes in organisational context & socio-economic
changes and Transitions that are in contradiction with a previously established arrangement or
psychological contract. This type of cognitive state is apparent during company mergers and
acquisition, downsizing as well as related state of uncertainties in work life.
Balanced:
Balanced psychological contract refers to: A dynamic and open-ended employment
engagement Pre-conditioned on business success of the employer organisation Employee has
opportunities to develop skill sets and opportunities for career advancement based on skills and
performance Both employee and organisation contribute to each other’s development Rewards
to workers are based upon performance and contributions to the organisation’s business
success or Competitive advantages, particularly in the face of changing business environment.
In most of the public owned and professionally managed organizations, balanced type of
psychological contract exists
• Mutuality: The extent to which the employee and employer hold similar beliefs
regarding the content of their psychological contract. In other words, if contract terms are
salient openly discussed and agreed by both parties this constitutes a high level of mutuality.
Following on, if there exist high levels of mutuality this tends to correspond to contract
fulfillment.
• Reciprocity: The extent to which both parties report the obligations enacted as equal.
In short, is the opposing party meeting the same level of expectations? If reciprocity exists then
it increases the levels of contract fulfillment and corresponding performance (Dabos &
Rousseau, 2004). Communication of contract content is key. If both parties know what the
other expects from them obligations and promises can be easily recalled and performed. It is
important that there is consistency and structure with HR and management frameworks in
order for constructive communication to flow.
MODULE-2
Objectives of IR
Approaches to IR
The three popular approaches to Industrial Relations are Unitary approach, pluralistic approach,
and Marxist approach.
Unitary Approach
place conflictis seen as a temporary aberration, resulting from poor management, from
employees who do not mix well with the organization’s culture. Unions co-operate with the
management and the management’s right to manage is accepted because there is no ‘we-they’
feeling. The underlying assumption is that everyone benefits when the focus is on common
interest and promotion of harmony. Conflict in the form of strikes is not only regarded as
unnecessary but destructive. Here, the conflict is seen as a temporary divergence which is
caused due to the poor management or the negligence on the part of the employees to
understand and mix with the organizational culture.
The unitary approach is based on the assumption that the overall profitability of the firm
could be increased if everyone in the organization has the common interest/purpose and works
unanimously towards its completion thereby establishing the harmonious relations. Here the
strikes are considered as destructive.
The unitary approach is being criticized as a tool for seducing employees away from
unionism and socialism. It is also criticized as manipulative and exploitative.
Pluralistic Approach
The pluralistic approach is just the opposite of unitary approach which is based on the
assumption that an organization is an alliance of powerful and divergent sub-groups
(management and trade unions), having different competing interests are mediated by the
management. The management and the trade unions (association of workers) are the powerful
sub-groups that may not agree with certain terms and conditions prevailing in the
organization and to resolve those management tries to mediate the interest of both the
groups. The pluralistic approach perceives:
Unions thus balance the power between the management and employees. In the pluralistic
approach, therefore, a strong union is not only desirable but necessary. Similarly, society’s
interests are protected by state intervention through legislation and industrial tribunals which
provide orderly process for regulation and resolution of conflict.
The theories on pluralism were evolved in the mid-sixties and early seventies when England
witnessed a resurgence of industrial conflicts. However, the recent theories of pluralism
emanated from British scholars, and in particular from Flanders and Fox. According to pluralists,
industrial conflict is inevitable and it needs to be contained within the social mechanism of
collective bargaining, conciliation and arbitration.
Marxist Approach
Marxists, like the pluralists, regard conflict between employers and employees as
inevitable. However, pluralists believe that the conflict is
inevitable in all organizations. Marxists see it as a product of the capitalist society. The
Marxist approach is based on the basic assumption that the conflict is regarded as the product
of a capitalist society. This means that conflict arises not just because of the rift between the
employee and the employer, but also because of the division in the society between those who
own the means of production (capitalists) and the ones who have only labor to offer. The
ultimate objective of the capitalists is to increase the productivity by paying possible minimum
wages to the workers due to which the latter feels exploited.
Trade unions are seen both as labour reaction to exploitation by capital, as well as a
weapon to bring about a revolutionary social change. Concerns with wage-related disputes are
secondary. Trade unions focus on improving the position of workers within the capitalist system
and not to overthrow. For the Marxists, all strikes are political.
Besides, Marxists regard state intervention via legislation and the creation of industrial
tribunals as supporting management’s interest rather than ensuring a balance between the
competing groups. This view is in contrast to the belief of the pluralists who argue that state
intervention is necessary to protect the overall interest of society.
means of conflict and cooperation. A sound industrial relations system is one in which
relationships between management and employees (and their representatives) on the one
hand, and between them and the State on the other, are more harmonious and cooperative
than conflicting, and creates an environment conducive to economic efficiency and the
motivation, productivity and development of the employee and generates employee loyalty
and mutual trust.
Actors in the IR system: Three main parties are directly involved in industrialrelations.
Employers: Employers possess certain rights vis-à-vis labors. They have the right to hire and
fire them. Management can also affect workers’ interests by exercising their right to relocate,
close or merge the factory or to introduce technological changes.
Employees: Workers seek to improve the terms and conditions of their employment. They
exchange views with management and voice their grievances. They also want to share decision
making powers of management. Workers generally unite to form unions against the
management and get support from these unions.
Government: The central and state government influences and regulates industrial relations
through laws, rules, agreements, awards of court ad the like. It also includes third parties and
labor and tribunal courts.
One of the significant theories of industrial labor relations was put forth by John Dunlop in
the 1950s. According to Dunlop industrial relations system consists of three agents –
management organizations, workers and formal/informal ways they are organized and
government agencies. These actors and their organizations are located within an environment –
defined in terms of technology, labor and product markets, and the distribution of power in
wider society as it impacts upon individuals and workplace. Within this environment, actors
interact with each other, negotiate and use economic/political power in process of determining
rules that constitute the output of the industrial relations system. He proposed that three
parties—
employers, labor unions, and government-- are the key actors in a modern industrial
relations system. He also argued that none of these institutions could act in an autonomous or
independent fashion. Instead they were shaped, at least to some extent, by their market,
technological and political contexts. Thus it can be said that industrial relations is a social sub
system subject to three environmental constraints- the markets, distribution of power in
society and technology.
Dunlop's model identifies three key factors to be considered in conducting an analysis of the
management-labor relationship:
Dunlop emphasizes the core idea of systems by saying that the arrangements in the field of
industrial relations may be regarded as a system in the sense that each of them more or less
intimately affects each of the others so that they constitute a group of arrangements for
dealing with certain matters and are collectively responsible for certain results”.In effect -
Industrial relations is the system which produces the rules of the workplace. Such rules are the
product of interaction between three key “actors” – workers/unions, employers and associated
organizations and government.
The Dunlop’s model gives great significance to external or environmental forces. In other
words, management, labor, and the government possess a shared ideology that defines their
roles within the relationship and provides stability to the system.
are shaped by the cultures of the society. The three elements of the system approach are
input, process and output. Society provides the cue (signal) to the individuals about how one
should act in a situation. The institutions, the value system and other characteristics of the
society influence the process and determine the outcome or response of the individuals. The
basis of this theory is that group cohesiveness is provided by the common ideology shaped by
the societal factors.
According to Dunlop, the industrial relations system comprises certain actors, certain
contexts, and an ideology, which binds them together and a body of rules created to govern the
actors at the workplace and work community. The theory is divided into four inter-related
components namely:
Rules - regulatory elements , i.e. the terms & nature of the employment
relationship developed by IR processes
“Trade unions are any combination whether temporary or permanent formed primarily for
the purpose of regulating the relations between workmen and employers or between workmen
and workmen, between employers and employers or for imposing restrictive conditions on the
conduct of any trade or business and include any federation of two or more trade unions”, -
According to Trade unions Act, 1926.
Trade union is an important Actor or participant of industrial relations. They are formed to
protect the interest of the employees. A trade union is a continuation of long term association
of employees, formed primarily for the purpose of pursuit of the interests of its members and
the trade they represent. Thus, the trade union movement arose for the purpose of defending
their rights, for improving their living and working conditions and for protecting their interests.
From a small beginning, this movement has now grown into worldwide movement for achieving
social justice, economic equality and preservation of democratic values of life.
The important basic functions of unions listed by National Commission on labour are:
(A) Wages and Salaries: The subject which drew the major attention of the trade unions
is wages and salaries. This item may be related to policy matters. However, differences may
arise in the process of their implementation. In the case of unorganized senior the trade union
plays a crucial role in bargaining the pay scales.
(B) Working Conditions : Trade unions with a view to safeguard the health of workers
demand the management to provide all the basic facilities such as lighting and ventilation,
sanitation, rest rooms, safety equipment while discharging hazardous duties, drinking water,
refreshment, minimum working hours, leave and rest, holidays with pay, job satisfaction, social
security benefits and other welfare measures.
(D) Discipline : Trade unions not only conduct negotiations in respect of the items with
which their working conditions may be improved but also protect the workers from the clutches
of management whenever workers become the victims of management's unilateral acts and
disciplinary policies. This victimisation may take the form of penal transfers, suspensions,
dismissals etc. In such a situation the separated worker who is left in a helpless condition may
approach the trade union. Ultimately, the problem may be brought to the notice of
management by the trade union, which explains about the injustice meted out to an individual
worker and fights the management for justice. Thus, the victimised worker may be protected by
the trade union.
(E) Welfare: As stated earlier, trade unions are meant for the welfare of workers. Trade
union works as a guide, consulting authority and cooperates inn overcoming the personal
problems of workers. It may bring to the notice of management, through collective bargaining
meetings the difficulties of workers in respect of sanitation, hospitals, quarters, schools and
colleges for their children's cultural and social problems.
(G) Negotiating Machinery: Negotiations include the proposals made by one party and
the counterproposals of the other. This process continues until the parties reach an agreement.
Thus, negotiations are based on the give and take' principle. Trade union, being a party for
negotiations, protects the interests of workers through collective bargaining. Thus, the trade
union works as the negotiating machinery.
(H) Safeguarding Organisational Health and the Interest of the Industry: Organisational
health can be diagnosed by methods evolved for grievance redressal and techniques adopted to
reduce the rate of absenteeism and labour turnover and to improve the employee relations.
Trade union by their effective working may achieve employee satisfaction. Therefore trade
unions help in reducing the rate of absenteeism, labour turnover and developing systematic
grievance settlement procedures leading to harmonious industrial relations.
Trade unions can thus contribute to the improvements in level of production, productivity
and discipline thereby improving quality of work-life.
(i) The individual workers all alone feel especially weak in a world of mass
production and mass movement. An organization may give him an opportunity to join
others for the achievement of those objectives that he considers as socially desirable.
(ii) The basic purpose of trade union is to safeguard the economic interests of its
members. One of the problems in the life of the workers is how to provide sufficient
food, clothing and a home for himself and for the members of his family. This is first and
foremost a question of finding a job on a reasonable wage. To improve and maintain the
wage at a reasonable standard is one of the primary reasons for which a worker joins a
trade union.
(iii) A worker does not only require the bare necessaries of existence but he also
wants to obtain the amenities of civilized life, e.g., a better home, more leisure, better
conditions of work, etc. The workers also join the trade unions, to a very large extent,
because they have interests such as these to promote or defend.
(iv) The need for trade unions arises due to this fact also that the workers require
help in time of sickness or death, protection from suffering and want when they are not
of a job and an income of some kind when they are too old to work any more.
(v) There is anesthetic reason for the existence of trade unions, viz., need for
adequate machinery for settling the relations between the employers and employees. In
modern industry the old personal relationship between the employers and the workers
largely disappears. The worker may become dissatisfied with his working conditions or
the treatment of his employers while the employer may feel that he has reason for
complaint against the workers. With the growth to industry the number of such
questions to be settled increases and it is much better to adjust these differences by
agreement between the employers and employees through negotiations. Thus, a trade
union is the best and socially most desirable to conduct bargaining on behalf of the
workers and the development of collective bargaining between the employers' and
workers' organizations is an essential basis for the establishment of peace in industry.
(vi) Trade unions developed on proper lines lessens violent class conflicts and,
thus, is beneficial to employers, the employees, the state and the public. It is, thus, clear
that no agency formed or promoted to look after the interests of the workers can be a
real substitute for trade unions. The organization of workers is, therefore, not only
necessary but also inevitable.
Trade unions in present era of industrial development perform two sets of functions: the
"Militant Functions and the Fraternal Functions." The trade union is a militant organisation
designed to fight for the cause of the workers. One of the main aims of the organisation of
workers into trade union is to secure better conditions of work and employment. The trade
unions try to fulfill this aim by the method of collective bargaining and negotiations and if they
do not succeed in securing their purpose in this manner, they put up a fight with the employers
for achieving their end in the form of strikes and boycotts. More recently, the trade unions have
started making efforts to secure some share in the profits and also control of the industry.
Then, the trade union is also a fraternal association, a benefit organization, providing sickness
and accident benefits to the members and supporting them during strikes and lockouts and
during the period when they are temporarily out of work. Such financial help to the members is
given by the trade unions out of their own funds created through subscriptions by members.
Such functions are known as fraternal functions: However, in modern period, the various
functions are performed by trade unions as pointed out below:
These consist of those functions of the unions that lead to the betterment of employment
conditions such as ensuring adequate wages and salaries, etc. for which the methods adopted
may be collective bargaining, negotiations, strikes, etc.
(B) Fraternal or extra-mutual functions: These functions include providing financial and
non-financial assistance to workers during the periods of strikes and lock-outs, extension of
medical facilities during slackness and casualties, provision of education, recreation,
recreational and housing facilities, provision of social and religious benefits, etc.
These activities help the employees to maintain and improve their efficiency or productivity,
e.g., measures intended to foster a spirit of cooperation, promote friendly relations, and diffuse
education among members and various other types of welfare measures.
(C) Political functions: These functions include affiliating the union to a political party,
helping the political party in enrolling members, collecting donations, seeking the help of
political parties during the periods of strikes and lock-outs.
The fact is that there are almost as many reasons for joining a union as there are union
members. I would like to focus the six reasons for joining a union.
1. Economic Reasons: For higher wages, increased benefits, shorter hours and improved
working conditions are certainly important reasons for joining a union.
2. Job security: One basic human need is security. In the work environment, employees
find themselves in a dependent relationship on their bosses and on what they probably view as
impersonal organizations. They want to know that their jobs will exist in the future and that
they will be protected against unfair or arbitrary treatment. Anyway, with the growth of
technological change, however, workers feel especially vulnerable to job loss. For example,
several thousand robots are now being utilized in manufacturing, with continued growth
expected for the use of robotics in the near future.
3. Social reasons: Men and women are social beings. Therefore, workers have a strong
need to be accepted by their peers, to belong, and to go along with others. Some unions offer
attractive benefits, such as insurance. Peer pressure may also cause workers to join unions.
4. Recognition: Some employees have found that the union structure offers them an
opportunity to gain recognition not available to them in the business organization. For example,
a worker with little education may serve on a shop
5. Participation: Many workers have explained their union membership in terms of their
desire to obtain a voice in decisions that affect them in their working environment. To other
workers who feel lost in our large, complex, industrial society, the union is viewed as a last
hope that they will be able to influence their destiny.
6. Compulsion: Aside from social pressure to join a union, some workers become union
members simply because the employment contract requires them to do so. It would appear
that unions serve a broad network of employee needs.
One of the big reasons workers join a union is to ensure fair treatment in the workplace. As
a union member, you have a strong collective voice for negotiating with employers about pay &
wages, work hours, benefits - including retirement plans, health insurance, vacation and sick
leave, tuition reimbursement, etc., Union members earn more money, have better benefits,
and help employers create a more stable, productive workforce in which workers have a say in
improving their jobs.
Various structures of trade unions have emerged over a period of time. They are:
• Craft unions
• Industrial unions
• General unions
• Occupational unions
• National unions / federations
Craft Unions:
A craft union may cover all workers engaged in that craft in a particular plant/unit of an
industry or in different plants of a particular industry located in a particular area or different
industries located in a particular area.
• They provide form basis for solidarity of trade unions through natural bonds
of common interest, friendship, and mutual respect.
• They have greater ability to organize.
• They have strong bargaining power because they are technical i.e. they are
skilled.
• When several small unions of craft-types are organized in a plant and each
signing its own agreement with the employer, which may expire at different times, not
only joint action or co-ordination becomes difficult for the whole lot of unions operating
in the plant, but also the employer may play one union against the other taking
advantage of the multi- union situation.
• There is a gradual extinction of craft distinctions due to rapidly advancing
technology, which leads to displacement of traditional crafts.
• Members tend to have the tendency of being self-centered and as such they
do not provide any support and guidance needed by bulk of unskilled workers. Such
tendency reduces Labour unity.
Industrial Unions:
An industrial union is an organization of workers which links all categories of workers in any
one industry regardless of differences in craft, skill, grade, position or sex. The membership of
an industrial union is normally large. Industrial unions may be formed at plant level (TATA
workers’ union in TISCO), regional level (Bihar Sugar Workers’ Federation) and National level
(Colliery MazdoorSabha of India).
General Unions:
A general union is one whose membership covers workers employed in many industries,
employments and crafts. Jamshedpur Labour union is an example of this type of Labour union.
The membership of this union covers workers belonging to the steel industry and engineering
industries such as cables, tubes, locomotive, templates etc. located at Jamshedpur.
The general unions are ideal from the solidarity point of view. However, it requires a very
high degree of consciousness among the workers representing various industries to form this
type of union.
Occupational Unions:
Cobble (1991) has coined the term “occupational unionism” in her book on the union of
waitresses in the American context. An occupational union is essentially a craft union minus the
skilled workers.
As trade unions realize that on the competitive business environment most of their
problems cannot be tackled on their own, they formed large unions and trade-union
federations at the industrial, national and international level. All India Port and Dock worker’s
Federation is an industrial Federation operating at national level. UP ChiniMazdoor Federation
is an example of Industrial Federation operating at regional level.
AITUC, INTUC, HMS, UTUC and CITU are examples of national level federations.
The World Federation of Trade Unions (WFTU) and the International Confederation of Free
Trade Unions (ICFTU) are example of international level federations.
Unions:
These unions do not want to change the existing system rather they wish to modify the
existing social system in accordance with what their members consider to be current modes in
society.
The reformist union has been sub-divided by Robert Hoxie according to their objectives:
(a) Business Unions: In this kind of unions the employees inter the successful business
relationship with the employers. They represent workers in collective bargaining, wpm etc.
They generally bring economic interest to their members but they resort to strike only when it
is really necessary.
(b) Friendly or Up-lift union: It is idealistic in nature. It aspires elevate, moral, intellectual
and social life of workers. It is conservative and law- abiding and emphasizes the method of
mutual insurance.
These unions aim at destroying the present structure completely and replacing it with new
and different institutions according to the ideals that are regarded as preferable.
(a) Anarchist unions: They destroy existing economic system by revolutionary means.
(b) Predatory Unions: They do not subscribe to any ideology and can adopt any method
to fulfill their goals. They are of two types.
(d) Dependent Unions: The existence of this type of union is dependent wholly or partly
on the other unions or the employees.
(3)Post-Independence period
• The Indian trade union movement is a century old but quite short compared
to the trade union history of Great Britain and USA.
• It was started with the set-up of first cotton mill in 1851 at Calcutta.
• Subsequently, a few other big enterprises were established in second half of
the nineteenth century.
• During this period, the workers suffered a lot-long working hours, low wages,
harsh working conditions etc.
• The workers in cotton-mill started protesting against these inhuman
conditions.
• In 1877, textile workers of Empress Mill, Nagpur went on a strike against these
in-human working a living conditions. Soon after this, from 1882-1890(8 years), twenty-
five strikes were recording in Bombay & Madras presidencies.
• All these strikes took place instantly with no formal organizations of workers.
From these strikes the workers learned the power of united action.
• During early period of Trade union movement efforts towards uniting people
was basically taken by philanthropists and social workers. Such leader was
ShorabjiShapurjiBengalle.
• In 1875, under the leadership of Bengalle, a number of social reformers
started drawing attention of the general public towards terrible working conditions of
workers, especially women & children.
• On March 25, 1875, Government appointed First Bombay Factories
commission to investigate factory conditions. The members of commission failed to see
any necessity of legislation.
• But due to the agitation of Bengalle and others, and some other reasons the
first Indian Factory Act was passed in 1881.
• This act was very inadequate and ineffective.
• Therefore, the workers protested under the leadership of N.M. Lokhande, a
skilled worker in a textile mill and also a social reformer of SatyashodhakSamaj.
• Soon after the war, the trade union movement saw the growth in modern
sense of the term.
Post-Independence Period:
• Those who did not agree with the principles of HMS formed on April 30, 1949,
the United Trade Union Congress (UTUC). It was mainly formed by radicals.
• After the adoption of constitution in 1950, political parties influenced the
movement.
• In 1955, BhartiyaJansangh established BhartiyaMazdoorSangha(BMS) which
later was influenced by BJP.
• Indian National Congress influence Indian Trade Union Congress(INTUC)
• Communists divided themselves into CPI & CPM, CPI controlled AITUC, CPM
formed Centre for Indian Trade Unions(CITU).
• The United Trade Union Congress(UTUC) also broke into two:
UTUC (Central Avenue Headquarters)
UTUC (Lenin Sarani Road)
• The trade unions today are dragged into politics and politicization has broken
the wearing. But still it carries a great importance in the arena of Industrial Relations.
Introduction (History)
For long, unionization among the workers has come a long way. But, there are a separate
group of people who are placed in the higher echelons of the organizational hierarchy; they are
separate room the blue collars; they are the ‘white collars’ (clerks, draftsmen, technicians,
supervisors.
There was a time when unions and strikes were known only to blue-collar workers in
factories, mines, railways, docks etc. White collars employees and professional people like
doctors, engineers, lawyers, professors and senior executives and managerial staff thought it
below their dignity to band
themselves in unions, march the high streets, and yell slogans. Today it is different trade
unions exist among most professionals, white-collar employees, officers, senior executives and
managers, and so do strikes and Gheraos.
Highly paid employees in banks, in the LIC and in many other establishments are organized,
and so the central Government and semi-government employees, they take recourses to
strikes, mass casual leaves, work to rule dharnas and gheraos for securing their demand and
thus creating some embarrassing problems for their employers/managements requiring serious
consideration.
While collar unionism started showing its existence almost with the end of Second World
War. The activities were even boosted because in post-war decades the employees of central
government, railways, posts and telegraph, defense, banking and insurance companies, started
organizing their unions. Recently, Managerial Guilds/ unions are a new feature in the chapter of
unionization.
Top Manager’s attitude towards recognition of white collar trade unions in Public Sector
was of antagonism and hostility. But later on after they started dealing with these unions, they
understood that these unions are not evil force. Slowly, there has been an acceptance of these
unions in public sectors.
In private sectors, still the attitude towards such unions is not very positive.
Cancellation of Registration:
Despite of many attempts to improve the condition of labour and to achieve cordial labour-
management relations, still some loop-holes in our judiciary did not permit peaceful labour-
management relations. The expected involvement of workers’ has not yet been achieved. In
pursuance of this suggestion, the Fifteenth Indian Labour Conference, held in July,1957
discussed the question of discipline in the Industry and laid down the following general
principles:-
These principles were later considered by a sub-committee and after certain modifications
there in, the code of Discipline was evolved. It came into force June 1, 1958. It was accepted by
the four Central National Labour
Organizations (INTUC, AITUC, HMS and UTUC) on behalf of the workers and by the
Employers’ Federation of India, the All-India Manufacturers’ Organization on behalf of the
employees. One of provisions of code of discipline is that the management shall recognize the
union in accordance with the criteria evolved at the 16th session of the Indian Labour
Conference held in May 1958.
1. Where there is more than one union, a union claiming recognition should
have been functioning for at least one year after registration; where there is only one
union, this condition would not apply.
2. The membership of the union should cover at least 15% of the workers in the
established. Membership would be counted only of those who have paid their
subscriptions for at least three months during the period of six months immediately
preceding the reckoning.
3. A union may claim to be recognized as representative union for an industry in
a local area it has a membership of at least 25%of workers of that industry in that area.
4. When a union has been recognized there should be no change in its position
for a period of two years.
5. Where there are several unions in an industry or establishment, the one with
the largest membership be recognized.
6. A representative union for an industry in an area should have the right to
represent the workers in all the establishments in the industry; but if a union of
workers in a particular establishment has a 50% or more of the workers of that
establishment it should have the rights to deal with matters of purely local interest,
such as, for instance, the handling
of grievances pertaining to its own members. All other workers who are
not members of that union might either operate through
representative union for the industry or seek redress directly.
7. In the case of trade union federations which are not affiliated to any of the
four central organizations of Labour, the question of recognition would have to be dealt
with separately.
Trade Union recognition is the process through which the Management acknowledges and
accepts a trade union as a representative of some or all workers in an establishment or industry
and with which it is willing to conduct discussions on all issues concerning those workers.In
1992, the Government of Odisha entrusted the ‘State Implementation and Evaluation
Committee’(which is a tripartite body) with the responsibility of drawing up rules for
verification of trade union membership through secret ballot and recognition of unions.
The rules prepared by the committee came into effect from November 1, 1994. The rules
are applicable to all the industries as defined in the Industrial disputes Act, 1947. The rules
pertaining to union recognition are as follows:-
The condition of trade unions in India is not very sound and this is mainly because of the
fact that trade unions suffer from many problems. A brief account of them
is given below:
(A) Uneven Growth: Trade union activities are concentrated in large scale industries and
that too in regard of manual labor only and mainly in bigger industrial centre, there are hardly
any trade union activities in small scale enterprises, domestic and agricultural labour. The
degree of unionism varies a
lot from industry to industry, thus touching only a portion of the working class in India.
(B) Low Membership: Even though, the number of trade unions has increased
considerably in India but this has been followed by the declining membership per union. The
average number of members per union was about 3,500 in 1927-28. It reduced to about 1,400
in 1946-47 and again to as low as a figure of 675 in 1985-86 and 659 in 2000-01. This indicates
the emergence of small scale trade unions.
(C) Multiplicity of Unions: Another problem faced by the growth of trade unions is that
of multiplicity of unions. There may exist many trade unions in the same establishment. The
existence of large number of trade unions can be attributed to the fact that The Trade Unions
Act, 1926 permits any association of seven workers to be registered as a union, and confers
upon it certain rights. Many a time, it is contended that multiplicity of unions is because of
outside leaders, but more pertinent point is that they are able to work because law permits and
gives sanctity to the small unions.
(D) Inter Union Rivalry: Unions try to play down each other in a bid to gain greater
influence among workers. In the process they do more harm than good to the cause of
unionism as a whole. Employers are given an opportunity to play unions against each other.
They can refuse to bargain on the contention that there is not true representative union.
Besides this, the workers' own solidarity is lost. Employers are able to take advantage of in
fighting between workers groups.
(E) Weak Financial Position: The financial position is very low as their average yearly
income is very low and inadequate. The subscription rates are very low due to multiplicity of
unions, unions interested in increasing their membership keep the subscription rates very low
resulting inadequacy of funds with the unions. Another important reason for the weak financial
position of unions is that large amounts of subscription dues remain unpaid by the workers. The
name of constant defaulters continuously appears on the registers on most of the unions. They
are neither expelled nor cease to be members ipso facto according to the union rules.
(F) Lack of Public Support: The trade unions frequently resort to strike and protest in
order to make their demands meet. As a result, inconvenience is caused to public. This is the
public support or sympathy is almost negligible.
The various approaches/theories of trade unions can be classified into the following five
types:
1. Revolutionary Theory:
The revolutionary approach/theory of trade union is developed by Karl Marx “This theory is
also known as “the theory of class war and dialectical materialism”. According to Marx, trade
union was the foremost organising centre to provide locus for streamlining the forces of
working classes The trade unions are, for Marx, the instruments to overthrow capitalism.
These are, thus, prime instruments of the class struggle between proletarian workers and
capitalist businessmen. Marx advocated that the working class must not divert itself from its
revolutionary programme because it is labour struggle only that can abolish capitalism. To
Marx, workers’ emancipation involves abolition of capitalism.
2. Evolutionary Theory:
This theory also known as “theory of industrial democracy” was enunciated by Sydney and
Beatrice Webbs. To Webbs, trade unionism is an extension of the principle of democracy in the
industrial sphere. In other words, trade unionism is not an instrument to overthrow the
capitalism, but a means of equalizing the bargaining power of labour and capital.
4. Rebellion Theory:
To Frank Tannenbaum, the propounder of “Rebellion Theory”, trade unionism is a
spontaneous outcome in the growth of mechanisation. He believes that the use of machines
leads to exploitation of workers. Thus, machine is the cause and labour movement, i.e., trade
unionism is the result. In other words, trade unionism is a rebellion approach against
mechanisation automatization of industrial society to protect workers’ interest in the
enterprise.
Gandhi emphasised that the direct aim of a trade unionism is not, in the last degree
political. Instead, its direct aim is internal reform and also evolution of internal strength. Also,
trade unionism, according to the Gandhian approach, is not anti-capitalistic as is generally
viewed.
Robert F. Hoxie
According to Robert F. Hoxie, trade unions grow out at socio-psychological environment and
not purely because of economic reasons.
Production
Established rights (Employer’s right to run his business)
Ethical standards
Minimizing property rights
Distribution
law and order
power
Beatrice Webb
never reap back benefits. Hence, employers and their workmen must should work
as equals.
In Marx’s view, trade union represents a prime instrument of class struggle between
Proletarians and Bourgeois.
According to Karl Marx, capitalism itself paves path for the rise of trade unions due to three
reasons:
According to him, origin of trade union lies in the growth of industrial capitalism. Trade
unions can get short-term gains through revolution and struggle with capitalist class, but
permanent gain can be achieved only when a socialist State is established.
Gandhi’s Approach:
He said, “My ideal is that capital and labour should supplement and help each other. They
should be a great family living in harmony with each other, capital not only looking at
material welfare of the labourers but their moral welfare also-capitalists being trustees of the
welfare of the laboring classes under them.”
At the same time, in view of Gandhiji, strikes might be permitted and would succeed, if
conditions like these are fulfilled:-
Gandhi ji did not favor unions taking part in political activities for two reasons:
Industrial Dispute
Meaning
Industrial disputes are conflicts, disorder or unrest arising between workers and employers
on any ground. Such disputes finally result in strikes, lockouts
and mass refusal of employees to work in the organization until the dispute is resolved. So it
can be concluded that Industrial Disputes harm both parties employees and employers and are
always against the interest of both employees and the employers.
According to Section 2(K) of the Industrial Disputes Act, 1947, and ‘industrial dispute’
means “any dispute or difference between employers and employees or between employers
and workmen or between workmen and workmen, which is connected with the employment or
non-employment or the terms of employment or with the conditions of labour of any person.
Thus form the legal point of view, industrial dispute does not merely refer to difference
between labour and capital as is generally thought, but it refers to differences that affect
groups of workmen and employers engaged in an industry. Essentially, therefore, the
differences of opinions between employers and workmen in regard to employment, non-
employment, terms of employment or the conditions of labour where the contesting parties
are directly and substantially interested in maintaining their respective contentious constitute
the subject-matter of an industrial dispute.
The causes of industrial conflict or disputes have been much varied. These may be described
partly a psychological or social and partly political, but predominantly economic. Some
important factors responsible for industrial conflict and poor industrial relations many be
briefly stated as follows:
The outcome of industrial dispute is locking out from the employer side and workers may
resort to strike, Gherao, picketing etc.
1. Strike: - Strike is quitting work by a group of workers for getting their demands
accepted by the employer. It is a powerful tool used by the trade unions to pressurize the
management to accept their demands. Various types of strikes are
a) Economic Strike: - Strike in concern with economic reason like wages
bonus or working conditions.
b) Sympathetic Strike: - Strike to support the other group of workers on
strike within the organization or for the sympathy to union workers on strike in
other industries.
c) General Strike: - Strike of all the unions in a region or workers of a
particular industry for the common demands of the workers concerned.
d) Sit down Strike: - When workers stop doing the work but also do not
leave the place of work. It is also known as tool down or pen down strike
e) Slow Down strike: - When workers remain on their jobs but slow down
the output of their work.
2. Lock Out: - Lockout is the step taken by the employer to put pressure on workers.
Employer close down the workplace until the workers agree to continue the work on the terms
and conditions as given by the employer.
3. Gherao: - Gherao is the action taken by workers under which they restrict the
employer to leave the work premises or residence. The person concerned is put away in a ring
made of human beings i.e. workers. Gheraos are also being adopted by educational and others
institutions. It is an illegal act according to the Law.
4. Picketing: - When workers are not allowed to report for the work by deputing some
men at the factory gates. If picketing does not involve any violence it is perfectly legal. It is done
to bring into the notice of public that there is dispute between workers and management.
The term industrial unrest is used to describe activities undertaken by the labour and other
working people when they feel grievances and protest against pay or conditions of their
employment. Industrial unrest can also be defined as the total range of behaviours and
attitudes that express opposition and divergent orientations between industrial owners and
managers, on the one hand, and working people and their organisations on the other.
Employees do not have an unfettered right to go on strike nor do employers have such right
to impost lockout. The Industrial Disputes Act lays down several restrictions on the rights of
both the parties. A strike or lockout commenced or continued in contravention of those
restrictions is termed illegal and there is serve punishment provided for the same.
• Those which are illegal form the time of their commencement; and
• Those which are not illegal at the time of commencement but become illegal
subsequently.
Section 22 and 23 of the IDA provide for certain restriction which if not followed
make strikes and lockouts illegal from their very commencement.
• Before the expiry of the date of strike specified in any such notice as
aforesaid; or
• During the pendency of any conciliation proceedings before a Conciliation
Officer and seven days after the conclusion of such proceedings.
The machinery for prevention and settlement of the disputes has been given in the
following figure:
Labour Administration
(States & Central Levels)
Voluntary Methods
Code of discipline
Formally announced in 1958, the Code of Discipline provides guidelines for the workers,
unions and employers. The code which was approved by major national trade unions and
principal organisation of employers enjoyed on them to create an environment of mutual trust
and cooperation and to settle the disputes by mutual negotiation, conciliation and voluntary
arbitration. It required the employers and workers to utilize the existing machinery for the
settlement of disputes. Discipline means orderliness in work & conduct. In organizations, it
means situations in which all employees follow, rules, regulations, & procedures of the
organization while discharging their tasks, duties, & responsibilities. To maintain harmonious
relations and promote industrial peace, a Code of Discipline has been laid down which
applies to both public and private sector enterprises. It specifies various obligations
for the management and the workers with the objective of promoting cooperation between
their representatives.
Tripartite machinery
Tripartite machinery consists of various bodies like Indian Labour Conference, the Standing
Labour Committee, the International Committees, the Central Implementation and Evaluation
Committee and the Committee on conventions. Generally, these committees include
representatives from centre and the states, and the same number of workers’ and employers’
organisatoins. These various committees are basically of advisory nature, yet they carry
considerable weight among the government, workers and employers.
According to one view, workers participation is based on the fundamental concept that the
ordinary workers invest his labour in, and ties his fate to, his place of work and, therefore, he
has a legitimate right to have a share in influencing the various aspects of company policy”.
The forms of workers participation in management vary from industry to industry and
country to country depending upon the political system, pattern of management relations and
subject or area of participation. The forms of workers participation may be as follows:
It should be borne in mind that when individuals are provided with opportunities for
expression and share in decision-making, they show much initiative and accept responsibility
substantially. The rationale of workers’ participation in management lies in that it helps in
creating amongst the workers a sense of involvement in their organisatoin, a better
understanding of their role in the smooth functioning of industry and provides them a means of
self-realization, thereby, promoting efficiency and increased productivity.
Collective bargaining
Collective bargaining is a source of solving the problems of employees in the work situation
collectively. It provides a good climate for discussing the problems of workers with their
employers. The employees put their demands before the employers and the employers also
give certain concession to them. Thus it ensures that the management cannot take unilateral
decisions concerning the work ignoring the workers. It also helps the works to achieve
reasonable wages, working conditions, working hours, fringe benefits etc. It provides them a
collective strength to bargain with the employer. It also provides the employer some control
over the employees.
The process of collective bargaining is bipartite in nature i.e., the negotiations are between
the employers without a thirds party’s intervention. Thus collective bargaining serves to bridge
the emotional and physiological between the workers and employers through direct
discussions.
Government Machinery
The Ministry of Labour and Employment at the centre is the key agency for the policy
formulation and administration in all the matters pertaining to labour. The State governments
with the cooperation of their labour departments are responsible for the enforcement thereof.
The Directorate General of Employment and Training (DGET), Office of Chief Labour
Commissioner (CLC) (Central), the Director General of Mines Safety (DGMS), the Director
General of Factory Advice and Labour Institutes, and Industrial Tribunals are some of the
agencies through which the Central Government discharges its functions related to framing of
labour laws and settlement of industrial disputes. The Labour Secretary is the overall incharge
of policy formulation and administration, and commissioners of labour in the States are the
operative arms for the effective implementation of Labour Laws.
The States are free to frame their own labour laws as the labour falls in the concurrent list,
Some States like Maharashtra, M.P., U.P. and Rajasthan have their own Acts. In the rest of the
states, Industrial Disputes Act, 1947 applies. However, in the States having their own Acts, the
IDA, 1947 will be applicable to the industries not covered by the State Legislation. Formally
announced in 1947, the Industrial Disputes Act, has been amended several times since then.
Under the Act the following authorities have been proposed for the investigation and
settlement of industrial disputes.
Works committees
The IDA, 1947 provides for setting up works committees in every organisation having 100 or
more employees. Having representatives of employees and employees, these are consultative
bodies and are set up for maintaining harmonious relations at the work lace and sort out the
difference if any. Though the act does not define the jurisdiction of these committees, yet their
functions mainly include providing proper working conditions and amenities for the welfare of
employees at the work place or away from the work. A work committee aims at promoting
measures for securing the preserving amity and good relations between employees and
workers.
Conciliation
When the services of a neural party are availed for the amicable solution of a dispute
between the disputing parties, this practice is known as conciliation. The IDA, 1947 provides for
conciliation and it can be utilized either by appointing Conciliation Officer or by setting up
Board or Conciliation.
The Conciliation Officers are appointed by the Government by notifying in the Official
Gazettee. Usually at the State level, Commissioners of Labour, Additional and Deputy
Commissioners of Labour act as Conciliation Officer for disputes arising in any undertaking
employing less than twenty workers. In the conciliation process the officer ties to bring the
disputing parties together towards a settlement of the dispute and hence works as a mediator.
The intervention of conciliation officer may e mandatory or discretionary. But in the disputes
related to public utilities in respect of which proper notice is served to him, his intervention
becomes mandatory.
The Board of Conciliation is a higher forum and is constituted for a specific dispute. It
consists of equal number of representatives of employers and employees under the
chairmanship of an independent person, appointed by the government. The Board has to
submit its report to the government regarding the dispute within two months from the date
dispute was referred to it. However, depending on the case, the period can be extended.
Voluntary arbitration
Industrial Disputes (Amendment) Bill, 1956 incorporated Section 10A favouring voluntary
arbitration. In case of existed or apprehended dispute, the disputing parties can enter into an
arbitration agreement in writing. The success of voluntary arbitration depends on “a sufficient
degree of mutual confidence in decision by agreement on subjects which may be submitted for
arbitration”.
Court of enquiry
The IDA, 1947 empowers the appropriate government to constitute a Court of Enquiry. This
body basically is a fact-finding agency, constituted just to reveal the causes of the disputes and
does not care much for the settlement thereof. The Court of Enquiry is required to submit its
report to the government ordinarily within six months from the commencement of enquiry.
The report of the court shall be published by the government within 30 days of its receipt.
Adjudication
If the dispute is not settled by any other method, the government may refer it for
adjudication. Hence it is a compulsory method which provides for three- tier system for
adjudication of industrial disputes. This machinery consists of Labour Court, Industrial Tribunals
and National Tribunal. The first two bodies can be set up either by State or Central Government
but the National Tribunal can be constituted by Central Government only, when it thinks that
the solution of dispute is of national significance. A Labour Court consists of one person only,
called Presiding Officer, who is or has been a judge of a High Court. The jurisdiction of Industrial
Tribunal is comparatively wider than Labour Courts, and further the Presiding Officer of
Tribunal can have two assessors may be appointed by the Central Government to help its
Presiding Officer.
Labour Courts and Tribunals are now required to submit award to the appropriate
government within three months in case of individual disputes the submitted award shall be
published by government within 30 days from the date of its receipt. It shall come into force on
the expiry of 30 days from the date if its publication and shall be operative for a period of one
year, unless declared otherwise by the appropriate government.
GRIEVANCE HANDLING
Definition
The term “grievance” has been defined by different researchers in different ways. Mondy
and Noe defined grievance as “employee’s dissatisfaction or feeling of personal injustice
relating to his or her employment.”
Jucius defines grievance as “any discontent or dissatisfaction, whether expressed or not and
whether valid or not, arising out anything connected with the company which an employee
thinks, believes, or even feels, is unfair, unjust or inequitable”.
Nature of grievance
A grievance may be submitted by workers, or several workers, in respect of any measure or
situation, which directly affects, or is likely to affect, the conditions of the employment of one
or several workers in the organization. Where a grievance is transformed into a general claim
either by the union or by a large number of workers, it falls outside the grievance procedure
and normally comes under to purview of collective bargaining.
Causes of Grievance
There are several causes, which leads to
employee grievance in an organization.
Management Practices
1. The behaviour of supervisor, peer’s group can cause grievance.
Management of Grievance
It has been widely recognized that there should be appropriate procedure through which
the grievance of workers may be submitted and settled. The main aim to solve out grievance
with fairness and justice, so that workers dissatisfaction about various aspects can be properly
examined and solved out. For this grievance resolution machinery is an urgent need to manage.
Grievance resolution machinery permits employee to express complaints without affecting their
job, and encourages and facilitates the settlement of misunderstanding between management
and labour. The existence of grievance resolution machinery builds confidence in employees to
express their discontent, enhance their morale, and satisfies them and also protects them from
the injustice; proper and effective communication between management and workers
facilitates review and correction. Thus, presence of grievance machinery explains the
organizational health, projects the shop floor cultures and shows leadership quality.
Flippo describes five steps for managing a grievance. These are following as:
1. Receiving and defining the nature of dissatisfaction: The supervisor should receive
the grievance in a way which itself is satisfying to the individual. It involves his leadership style.
It has been that employee-centred supervisors cause fewer grievances than production –
centred supervisors.
2. Getting the facts: Efforts should be made to separate facts from the opinions and
impressions. Facts can be obtained easily if proper records are maintained by supervisors
regarding specific grievances and individual attendance, rating and suggestions.
3. Analyzing the facts and reaching a decision: The supervisor must analyze the facts
carefully to reach a specific decision, so that grievance can be solved out fruitfully.
4. Applying the answer: The supervisor has to effectively communicate the decisions to
the individuals even if they are adverse in nature. The answer to the aggrieved individuals must
be based on legitimate ground.
The following methods can help the employer to identify the grievances:
conducted to know the reasons for leaving the job. Properly conducted exit
interviews can provide significant information about the strengths and weaknesses of
the organisation and can pave way for further improving the management policies for
its labour force.
It is important that grievance must be handled in a systematic manner. The following steps
should be taken in handling grievances:
6. Following up the case to see that it has been handled satisfactorily and the
trouble has been eliminated.
of the top management has been found unacceptable by the aggrieved employee.
• In the case of any grievance arising out of discharge or dismissal, the workman
or employee has the right to appeal either to the dismissing authority or to a senior
authority specific by the management within a week from the date of dismissal or
discharge.
• Although the grievance procedure gives the employees opportunity to raise
their grievances to the highest possible level of management, yet they should be
resolved as close as possible to their source. The main object of grievance procedure is
to resolve the grievance at earliest possible stage. The management must convince itself
that justice is not only done, but seen to be done and the presence of a trade union
representative with the aggrieved party helps to ensure fair play not only for the
employee concerned, but also for his management.
Employee Discipline
Discipline may be defined as an attitude of mind which aims at inculcating restraint, orderly
behaviour and respect for and willing obedience to a recognized authority. In any industry
discipline is a useful tool for developing, improving and stabilizing the personality of workers.
Industrial discipline is essential for the smooth running of an organisation, for increasing
production and productivity, for the maintenance of industrial peace and for the prosperity of
the industry and the nation. It is a process of bringing multifarious advantages to the
organisation and its employees.
Webster’s Dictionary gives three meanings to the world “discipline”. First, it is the training
that corrects moulds, strengthens or perfects individual behaviour; second, it is control gained
by enforcing obedience; and third, it is punishment or chastisement.
According to Dr. Spiegel, “discipline is the force that prompts an individual or a group to
observe the rules, regulations and procedures which are deemed to be necessary to the
attainment of an objective; it is force or fear of force which restraints an individual or a group
from doing things which are deemed to be destructive of group objectives.
Discipline is a product of culture and environment and a basic part of the management of
employee attitudes and behaviour. It is a determinative and positive willingness which prompts
individuals and groups to carry out the instructions issued by management, and abide by the
rules of conduct and standards or work which have been established to ensure the successful
attainment of organizational objectives. It is also a punitive or a big stick approach which
imposes a penalty or punishment in case of disciplinary violations.
◼ Management agrees
◼ Union agrees
Positive Aspect
Employee complies with rules not out of fear of punishment but out of an inherent desire
to co-operate and achieve goals. Where two-way communication, clear goals and effective
leadership mark the organisational climate, employees need not be indiscipline in the
traditional way.
This type of approach is called positive approach or constructive discipline or self-discipline.
According to Spriegel, “positive discipline enables an employee
Negative Aspect:
Indiscipline
The term ‘indiscipline’ generally means the violation of formal or informal rules and
regulations in an organisation. Indiscipline, if unchecked, will affect the morale of the
organisation. Hence indiscipline is to be checked by appropriate positive means to maintain
industrial peace.
It is more complex and difficult to identify the causes of indiscipline. The policies and
procedures of organizations, the attitude of the management towards workers, the attitude of
workers, individual behaviors etc. are the causes for indiscipline.
Disciplinary actions have serious repercussions on the employees and on the industry, and,
therefore, must be based on certain principles in order to be fair, just and acceptable to be the
employee and their unions. Therefore, in any discipline maintenance system, certain principles
are to be observed such as:
occasional penalties. Informal groups are likely to exert social pressures on wrong-
doers avoiding the need for negative disciplinary actions.
2. The rules and regulations should be appraised at frequent and regular
intervals to ensure that they are appropriate, sensible and useful.
3. The rules and regulations should be flexible to suit different categories of
employees in the organisation, i.e., both the blue-collar workers and white-collar
employees.
4. The rules must be uniformly enforced for their proper acceptance. They must
be applied fairly and impersonally. In other words, all defaulters should be treated alike,
depending upon the nature of their offence and past record. Any discrimination or
favoritism in this regard is likely to create discontent among the employees. Further,
there should be a definite and precise provision for appeal and review of all disciplinary
actions.
5. The rules of discipline embodied in the standing orders, or in the company’s
manual, must be properly and carefully communicated to every employee preferably at
the time of induction for their easy acceptance. It serves as a warning and a learning
process and helps to improve future behaviors of the employees in the enterprise.
6. Every kind of disciplinary penalty, even if it is a rebuke or a warning, should be
recorded. In some of the American industries they have what is known as the “pink slip
system”. Pink slips are issued as warning signals to a defaulting employee. A person who
has been issued with a stated number of pink slips will be liable to be laid-off or
discharged, and no elaborate procedure has to be followed.
7. The responsibility for maintaining employee discipline should be entrusted to
a responsible person (e.g. a line executive), through it is the personnel officer who
should be given the responsibility of offering advice and assistance. The line executive
should issue only verbal and written warnings. In serious matters, which warrant
suspension, discharge etc., the industrial relations departments should be consulted.
8. Disciplinary actions should be taken in private because its main objectives is to
ensure that a wrong behaviour is corrected and not that the wrongdoer is punished. If
disciplinary actions are taken in the
presence of other employees, it may offend the sense of dignity of the employee
and impair his social standing with his colleagues. Similarly, an immediate supervisor
should never be disciplined in the presence of his subordinates. If this happens, it would
lower his status and authority, and make it difficult, if not impossible, for him to
discipline his subordinates under certain circumstances.
9. A punitive action must satisfy the principle of natural justice. The
management must act without bias and without vindictiveness, and its disciplinary
actions must be based on justice and fair play. The punishment should be
commensurate with the gravity of the offence. An individual is presumed to be innocent
until he is proved to be guilty. The burden of proof is on the employer and not on the
employee.
Under human relations approach, the employee is treated as human being and his acts of
indiscipline will be dealt from the view point of human values, aspirations, problems, needs,
goals, behaviors etc. In this approach the employee is helped to correct his deviations.
Under group discipline approach, group as a whole, sets the standard of disciplines and
punishments for the deviations. In this approach, trade unions also act as agencies in
maintaining discipline in work situation.
Under the leadership approach, in disciplinary cases are dealt on the basis of legislations
and court decisions. The Industrial Employment (Standing Orders) Act, 1946 to a certain extent,
prescribed the correct procedure that should be followed before awarding punishment to an
employee.
Code of Discipline
The Fifteenth Indian Labour Conference discussed the question of discipline in industry and
laid down the following general principles:
The Code embodies four parts. Part I contains the duties and responsibilities of employees,
workers and the government in maintaining discipline in industry. Part II enlists the common
obligations of management and unions. Part III deals with the obligations of management only,
while Part IV relates to those of the unions only. In additions, Annexure-A to the Code
embodies the national level agreement on the criteria for the recognition of unions. A
supplementary document contains the rights of recognized unions and a model grievance
procedure. Thus, the Code is highly comprehensive and ethical in its approach to the industrial
relations system. It has been reproduced below.
Part –I:To maintain discipline in industry (both in public and private sectors)
There has to be: (i) a just recognition by employers and workers of the rights and
responsibilities of either party, as defined by the laws and agreements (including bipartite and
tripartite agreements arrived at all levels from time to time); and ii) a proper and willing
discharge by either party of its obligation consequent on such recognition.
Part – II: To ensure better discipline in industry, management and union(s) agree
The Code does not have any legal section but the following moral sanctions are behind it:
1. The Central Employers’ and Workers’ Organizations shall take the following
steps against their constituent units guilty of breaches of Code:
• to ask the unit to explain the infringement of the Code;
• to give notice to the unit to set right the infringement within a specific period;
• to warn, and in case persistent violation of the Code; and
• not to give countenance, in any manner, to non-members who did not
observe the Code; and
• Not to give countenance, in any manner, to non-members who did not
observe the Code.
2. Grave, willful and persistent breaches of the Code by any party should be
widely publicized.
3. Failure to observe the Code would entail recognition normally for a period of
one year-this period may be increased or decreased by the implementing Committee
concerned.
4. A dispute may not ordinarily be referred for adjudication if there is a strike or
lockout without proper notice or in breach of the code as determined by an
Implementation.
The Code of Discipline worked well at the beginning of its introduction and had a
considerable impact on the industrial relations scene. But, however, the impact of the Code
was not sustained over a long period of time due to several
problems in its application and implementation. The spirit of the Code has not been
imbibed by the central organisations which were signatories to it.
According to the National Commission on Labour, the Code has had only limited success and
was obviously not the answer to the industrial relations problems. The Code began to rust and
the parties were more eager to take it off; they developed an attitude of indifference. As
regards the future of the Code, the Commission was in favour of giving a legal form to its
important provisions regarding recognition of unions, grievance procedure, unfair labour
practices, and the like. With the removal of these provisions from the Code to give them a
statutory shape, the Code will have no useful function to perform.
Discipline is a two-way traffic and a breach of discipline on the part of either party in
industry will cause unrest. The approach to managing discipline depends to a great extent upon
managerial philosophy, culture and attitude towards the employees. A negative approach to
discipline relies heavily on punitive measures and in the line with the traditional managerial
attitude of “hire and fire” and obedience to orders. On the other hand, a constructive approach
stress on modifying forbidden behaviour by taking positive steps like educating, counseling etc.,
the concept of positive discipline promotion aims at the generation of a sense of self-discipline
and disciplined behaviour in all the human beings in a dynamic organizational setting, instead of
discipline imposed by force or punishment. In brief, the approach to the disciplinary action in
most cases should be corrective rather than punitive.
COLLECTIVE BARAGINING
The term “Collective Bargaining” was identified by Sydney and Beatrice Webb in 1897.
Probably, it means, “to bar the gains (of others), collectively.” Collective Bargaining – Contract
Negotiation and administration involves the relations between employers operating through
their representatives and the organised labour. It can be defined as the process through which
representatives of management and union meet to negotiate a labour agreement. This means
that both management and labour are required by law to negotiate wages, hours, and terms
and conditions of employment “in good
faith”. Good faith bargaining is a term that means both parties are communicating and
negotiating and that are being matched with counter proposals with both parties making every
reasonable effort to arrive at agreements. It does not mean that either party is compelled to
agree to a proposal. According to Harbinson, collective bargaining is “a process of
accommodation between two institutions which have both common and conflicting interests.”
The Asian Regional Conference of ILO held in 1953, asserts that collective agreements are
usually the best measures for the determination and adjustment of wages and that attempt
should be made as early as possible to develop systems of collective negotiations based on free
associations of employers and workers.
Meaning
The term collective bargaining is made up of two words, ‘collective’ – which means a ‘group
action’ through representation and ‘bargaining’, means ‘negotiating’, which involves proposals
and counter-proposals, offers and counter-offers. Thus it means collective negotiations
between the employer and the employee, relating to their work situations. The success of these
negotiations depends upon mutual understanding and give and take principles between the
employers and employees.
Definition
Richardson says, “Collective bargaining takes place when a number of work people enter
into negotiation as a bargaining unit with an employer or a group of employers with the object
of reaching agreement on conditions of the employment of the work people”.
The I.L.O. workers manual defines collective bargaining as, “negotiation about working
conditions and terms of employment between an employer, a group of employers or one or
more employer’s organizations, on the one hand, and one or more representative workers
organisation on the other with a view of reaching an agreement.
The scope of collective bargaining is quite vast because of the delicacy of the employer,
employee relationship, changing necessity of the organization and its employees, changes in
the business environment and competition within the industry and across industry. According
to Monappa, the scope of collective bargaining agreements now covers issues such as wages,
bonus, overtime, paid holidays, paid sick leave, safety wear, production norms, hours of work,
performance appraisal, workers participation in management, hiring, firing of job evaluation
norms and modernization. The scope of collective bargaining varies from organization to
organization and industry to industry depending upon existence of strong and matured union
and its leadership trust and confidence between union and management, past history and
Salient Features
Importance
Whatever labour laws may lay down, it is the approach of employers and trade unions
which matters and unless both are enlightened, industrial harmony is not possible. Therefore,
the solution to common problems can be found directly through negotiation between both
parties and in this context the scope of collective bargaining is very great.
Collective bargaining is really beneficial forms the stand part of employees and their unions
as well as management. If it works well, it develops a sense of self-responsibility and self-
respect among the employees concerned and thus significantly paves the way for improved
employee morale and productivity.
Collective bargaining restricts management’s freedom for arbitrary action and thereby
management learns a new code of behaviour by conceiving of the
union as a method of dealing with employees. The management also comes to know the
grievances of workers in advance and it gives an opportunity to take precautionary measure.
Moreover, collective bargaining opens u the channel of communication between top and
bottom levels of an organization.
From the point of the view of the society, collective bargaining; if property conducted,
result in the establishment of a harmonious industrial climate which helps for the socio-
economic development of the nation. It builds up a system of industrial jurisprudence by
introducing civil rights in industry and ensures that management is conduct by rules rather than
by a arbitrary decisions. It extends the democratic principles from the political to industrial
field.
Functions
Collective bargaining enhances the status of the working class in the society. Wage earners
have enhanced their social and economic position in relation to other groups.
Employers have also retained high power and dignity through collective bargaining.
Collective bargaining serves as a peace treat between the employers and employees.
However the settlement between the two parties is a compromise.
define and restrict the traditional authority exercised by employers over their employees
placing part of the authority under joint control of union and management.
The success of collective bargaining is based on certain principles. These principles are to be
followed by the employers and unions. Prof. Arnold. F. Campo has laid down certain principles
for union and management, for management and for union.
For management
For unions
The forms of collective bargaining differ from country to country and time to time in India.
Collective bargaining takes the following forms:
On the basis of the level (in which collective bargaining takes place) it can be classified as:
It is the micro level bargaining. It takes place in the particular unit between the
management and the trade unions of that unit.
Several unions of the same industry form and association and negotiate with the employers.
In this, the representatives of trade unions and employers at the national level will
negotiate.
The scope of collective bargaining has increased during the recent years. Prof. Randle
observes that the increase in the scope of collective bargaining is due to the growth of trade
unions, increased response by the managements, increased response by the managements,
increased prices and the legislations.
Problems relating to security of trade unions, wages, promotions, transfers, hours and
conditions or work, holidays and leave with wages, safety and health etc. are included in the
collective bargaining.
Thus collective bargaining includes not only the negotiation of wages, but also working
condition, labour welfare and organizational matters.
The process of collective bargaining consists of two stages, (i) the negotiation state, and (ii)
the contract administration.
Negotiation Stage
At the negotiation stage certain proposals are put forward for mutual agreement after
careful consideration. The negotiation stage consists of three steps.
First the union will submit their fresh contract to the management before the expiry of
existing contract (usually 30 to 60 days before the expiry). Both the
management and unions will take considerable time to the preparation and negotiation.
They collect the required data relating to large number of issues such as wage, salary,
seniority, overtime allowance, the cost of living, the policies of trade unions and management,
nature of agreement in other companies etc.
The company will collect such information its internal sources – such as balance sheet,
contract agreements, market research reports, Govt. reports etc. The trade union also collects
such data from their own central organisation, research staff from various Department etc.
In this step, a negotiation committee is to be formed by both the parties. From the
management side the representative include the chief executives. The unions are represented
by the leaders and centrals leaders. The committee consists of three to six members.
The demands are classified as demands which need bargaining and demands which may be
rejected. During negotiations, normally the easier demands are taken up first. Both parties
should have a “bargaining cushion”, and make counter proposals. For example, a demand for
wage increase by the union, may be accompanied by a counter proposal for increase in
production by the management. Such negotiations go on till the “point of no return” is being
reached. A rigid or irrevocable stance should always be avoided.
Follow-up action
At this stage, the agreement is printed and circulated among all the employees. The
supervisors will be enlightened about the agreements for their effective implementation.
Contract Administration
Agreement will be useful if they are executed properly. As observed by Profs. Illiamson and
Harries, “if anything is more important to industrial relations than the contract itself, it is the
administration of the contract”.
Prof. Campo has laid down the following general principles for administering the contact
effectively;
• Cooperation between both the parties is essential. Both the parties should
have a tolerant attitude towards each other and have a spirit of accommodation and
goodwill.
• Proper procedure should be adopted for the redressal of grievances by
providing opportunity to exchange views.
• When a conference over the redressal of grievance reaches an impasse, the
grievance should be referred to arbitration.
• Both the parties should honour the commitment.
Negotiating team
Negotiating team should represent all groups including production, finance and industrial
relations experts. The team should be headed by an appropriate person with adequate
authority to take decisions.
Recognition of unions
The management should recognize the trade union and analyze the facts in their
representation of grievances. Mutual understanding encourages mutual agreement.
Open mind
Both the management and union should have open minds to listen and appreciate each
others point of view with flexibility and adjustment.
The union and management have to collect relevant data relating wages, conditions of
work, welfare schemes, cost of benefits.
Routine problems
The management and unions have to identify the grievances on routine basis and take
appropriate action then and there.
Trade unions should encourage internal union democracy by consulting the rank and file
members.
Importance to output
Trade unions should also give importance to output, quality of the products, company’s
image etc., in addition to their wages, bonus, working conditions etc.
Strikes/ lockouts
Strikes and lockouts should be resorted to as last measure. Before taking any decision, both
the union and management should conduct periodic discussions to avoid strikes and lockouts.
Collective bargaining has gradually been taking roots in Indian soil. Most of the collective
bargaining agreements were concluded at plant level. Some industry level agreements were
also concluded in textile industries in Bombay and Ahemadabad.
agreements were relating to wages. In a study conducted by E.F.I. shows that out of 109
agreements 96 were relating towages.
Collective bargaining is also used as a tool for bringing coordination between workers and
managements. It also serves as tool of communication of views by both management and
works. In the long-run it will serve as an instrument for labour participation in management and
pave way for the cordial industrial relations in India.
In core industries like steel, ports and docks and banks, collective bargaining is done at the
national level for the industry as a whole. Thus, in steel industry, one main collective agreement
is entered into by the National Joint Consultative Forum on behalf of all private and public
sector steel units with other unions. This is followed by several supplementary agreements
being entered into at the plant level to cover aspects not resulted in creating uniform wage
structures and fringe benefit patterns in all public sector units irrespective of the nature of
industry (labour or capital intensive) and the paying capacity of a unit as determined by its
financial performance. This is in sharp contrast to a private sector unit where its wages and
fringe benefits are more geared to its specific requirements and circumstances.
While the last two categories contain important issues, the wage and benefit issues are the
ones which receive the greatest amount of attention at the bargaining table.
3. Negotiating:
Preparations have been made and issues being identified, the next logical step in collective
bargaining process is negotiation. The negotiating phase begins with each side presenting its
initial demands. The negotiation goes on for days until the final agreement is reached. But
before the agreement is reached, it is a battle of wits, playing on words, and threats of strikes
and lockouts. It is a big relief to everybody when the management representatives and the
union finally sign the agreement. The success of negotiation depends on skills and abilities of
the negotiators. At times, negotiations may breakdown even through both the labour and the
management may sincerely want to arrive at an amicable settlement. In order to get
negotiations moving again, there are several measures that are usually adopted by both the
parties, which sometimes even include unethical measures:
a. through third party intervention such as arbitration and adjudication,
b. Unions tactics likes strikes and boycotts, and
c. Management strategies such as lockouts, splitting the union, bribing union leaders
and using political influence.
(B) Contract Administration
When the process of negotiation has been completed, it is time to sign the contract, the
terms of which must be sincerely observed by both the parties. The progress in collective
bargaining is not measured by the more signing of an agreement rather; it is measured by the
fundamental human relationships agreement. Once an agreement is signed, both the trade
union and the management are required to honour it in letter and spirit. The union officers and
company executives should explain the terms and implications of the contract to employees
and supervisors with a view to ensuring that the day to day working relationship between
workers and management is guided by that contract. It is important that contract must be clear
and precise. Any ambiguity leads to grievances or other problems. The whole process of
contract administration is identified by two steps, namely settlement and contract agreement
i.e. settlement of disputes by collective bargaining and
MODULE-3
TRIPARTISM & IR
Industrial relations in India have been shaped largely by principles and policies evolved
through tripartite consultative machinery at industry and national levels. The aim of the
consultative machinery is “to bring the parties together for mutual settlement of differences in
a spirit of cooperation an goodwill” Thus these bodies play the role of consultants!!
Indian Labour Conference (ILC) and Standing Labour Committee (SLC) have been constituted
to suggest ways and means to prevent disputes. The representatives of the workers and
employers are nominated to these bodies by the Central Government in consultation with the
All-India organisations of workers and employers.
The Labour Ministry settles the agenda for ILC/SLC meetings after taking into consideration
the suggestions sent to it by member organisations. These two bodies work with minimum
procedural rules to facilitate free and fuller discussions among the members. The ILC meets
once a year, whereas the SLC meets as and when necessary.
ILC and SLC are both important constituents of tripartite bodies and play a vital role in
shaping the IR system of the country.
COMMITTEE ON CONVENTIONS
When examining the application of international labour standards the Committee of Experts
makes two kinds of comments: observations and direct requests.
Part I contains a General Report, which includes comments about member states' respect
for their Constitutional obligations and highlights from the Committee's observations
Industrial Committee
draw a wage map of India (iii)To help laying down principles which will guide wage fixing
authorities
Bipartite bodies:
Works Committee
➢ These committees were established within the industrial units to prevent and
settle disputes at the unit level. They comprise of equal representatives of the
management and workmen. They are regarded as an effective social institution of
industrial democracy and as a
statutory body in any enterprise employing 100 or more workers. Their objectives are:
The International Labour Organization (ILO) was set up in 1919 by the Versailles Peace
Conference as an autonomous body associated with the League of Nations. The ILO was the
only international organisation that survived the Second World War even after the dissolution
of its parent body.
It became the first specialized agency of the United Nations in 1946 in accordance with an
agreement entered into between the two organizations. India has been a member of the ILO
since its inception. A unique feature of the ILO, as distinct from other international institutions,
is its tripartite character.
The aims and objectives of ILO are set out in the preamble to its Constitution and in the
Declaration of Philadelphia (1944) which was formally annexed to the Constitution in 1946. The
preamble affirms that universal and lasting peace can be established only if its is based upon
social justice, draws attention to the existence of conditions of labour involving injustice,
hardship and privation of a large number of people, and declares that improvement of these
conditions is urgently required through such means as the regulation of hours of work,
prevention of unemployment, provision of an adequate living wage, protection of workers
against sickness, disease, and injury arising out of employment, protection of children, young
persons and women, protection of the interests of migrant workers, recognition of the principle
of freedom of association, and organisation of vocational and technical education. The
Preamble also states that the failure of any nation to adopt human conditions of labour is an
obstacle in the way of other nations desiring to improve labour conditions in their own
countries.
FUNCTIONS OF ILO
From the very beginning, the ILO has been confronted with the tremendous task of
promoting social justice by improving the work and conditions of life in all parts of the world.
STRUCTURE OF ILO
The ILO consists of three principal organs, namely, the International Labour Conference, the
Governing Body and the International Labour Office. The work of the Conference and the
Governing Body is supplemented by that of Regional Conferences, Regional Advisory
Committees, Industrial Committees, etc. The meeting of the General Conference, held normally
every year, are attended by four delegates from each member State, of whom two are
government delegates and one each representing respectively the employers and the work
people of the State. The International Labour Conference is the supreme organ of the ILO and
acts as the legislative wing of the Organization. The General Conference elect the Governing
Body, adopt the Organization’s biennial programme and budget, adopt international labour
standards in the form of conventions and Recommendations and provide a forum for discussion
of social and labour issues. The Governing Body is the executive wing of the Organisation. It
appoints the Director-General, draws up the agenda of each session of the Conference and
examines the implementation by member countries of its Conventions and Recommendations.
The International Labour Office, whose headquarters are located at Geneva, provides the
secretariat for all conferences and other meetings and is responsible for the day-to-day
implementation of the administrative and other decisions of the Conference, the Governing
Body, etc. The Director- General is the chief executive of the International Labour Office. An
important aspect of its work relates to the provision of assistance to member States. It also
serves as a clearing house of information on all labour matters.
In order to achieve its objective, the ILO has relied on its standard-setting function. The
international labour standards take the form of Conventions and Recommendations. A
Convention is a treaty which, when ratified, creates binding international obligations on the
country concerned. On the other hand, a Recommendation creates no such obligations but is
essentially a guide to national actions. The ILO adopted a series of Conventions and
Recommendations covering hours of work, employment of women, children and your persons,
weekly rest, holidays leave with wages, night work, industrial safety, health, hygiene, labour
inspection, social security, labour-
Bipartism, on the other hand, operates at all three levels, more particularly and frequently
at the enterprise level.
A second distinction is based on the subject matter. In tripartite dialogue issues addressed
are policy-oriented. This is also the case in bipartite relationships when they occur at the
national or industry level. At the workplace level issues relate to the particular workplace, and
are of a more practical nature. Third, in regard to parties to the dialogue, tripartite processes
involve representatives of employers and employees, as does bipartism at the national,
industry or provincial level. But at the enterprise level, there is less scope for the involvement of
employers' organizations, though such involvement does occur in countries where the
employers' organization negotiates on behalf of the employer in respect of workplace issues
such as disputes and strikes, wages and terms and conditions of employment. However, it may
be argued that when an employers' organization enters such negotiations, the matter is taken
out of the enterprise level. Bipartism can take place at the enterprise level even if there is no
union. It is conceivable for bipartism to operate in the same enterprise with or without a union
at different levels. As in the case of joint consultation in Japan, bipartism may operate in the
form of workplace information-sharing through group activities without the union, and at the
corporate level through joint consultation committees consisting of management and union
representation.
There is an interplay and interaction between tripartism and bipartism. Since macro level
decisions (which may be taken through tripartite consultation) have little value if they are not
translated into practice at the enterprise level, bipartism can be a process for giving effect at
the enterprise level to tripartite decisions. For example, Singapore's decision in the second half
of the 1980s to introduce a flexible wage system was the result of a tripartite consensus. But
implementation was determined on a bipartite basis, thus leaving employers and employees
(and their representatives) to opt between a profitability or productivity model (or a
combination of both). There are, of course, some tripartite decisions which do not call for
implementation at the enterprise level, as in the case of social security schemes operative at
the national level.
Bipartism is not a process intended only to give effect to tripartite decisions. With the
increasing emphasis on workplace relations, macro level policies and decisions are influenced
by what takes place, or what is needed to support practices, at the micro level. Further, the
outcomes of bipartite relationships at the national, industry or provincial levels can have a
major influence on tripartite consultation and macro level policies. A good example is Sweden,
where in the 1960s and 1970s the labour market was regulated by the social partners, and
national policies reflected their agreements on labour market issues. In its most advanced form,
bipartism may lead to 'social contracts' as evidenced in some of the Scandinavian countries and
Germany, which define the basic relationship and objectives of the social partners in the
labourmarket.Tripartism can become an important means to settle issues when bipartism does
not result in a consensus. When such failure leads to disputes, the State's involvement
(including through conciliation and adjudication) brings into play the tripartite process
Social dialogue plays a critical role in achieving the ILO's objective of advancing
opportunities for women and men to obtain decent and productive work in conditions of
freedom, equality, security and human dignity. Social dialogue includes all types of negotiation,
consultation and exchange of information between, or among, representatives of governments,
employers and workers on issues of common interest.
Social dialogue and the practice of tripartism between governments and the representative
organizations of workers and employers within and across borders are now more relevant to
achieving solutions and to building up social cohesion and the rule of law through, among other
means, international labour standards."
How social dialogue actually works varies from country to country and from region to
region. It can exist as a tripartite process, with the government as an
official party to the dialogue or it may consist of bipartite relations between labour and
management, with or without indirect government involvement. It can be informal or
institutionalised, and often is a combination of the two. It can take place at the national,
regional or at enterprise level. It can be inter- professional, sectoral or a combination of these.
The ILO encourages tripartism within Member States by promoting social dialogue to help
design and implement national policies. Achieving fair terms of employment, decent working
conditions, and development for the benefit of all cannot be achieved without the active
involvement of workers, employers and governments, including a broad-based effort by all of
them. To encourage such an approach, one of the strategic objectives of the ILO is to
strengthen social dialogue among the tripartite constituents. It helps governments, employers'
and workers' organizations to establish sound labour relations, adapt labour laws to meet
changing economic and social needs and improve labour administration.
Successful social dialogue structures and processes have the potential to resolve important
economic and social issues, encourage good governance, advance social and industrial peace
and stability and boost economic progress. Effective social dialogue depends on:
Freedom of association
Effective dialogue implies the right freely to form and join groups for the promotion and
defence of their occupational interests. Freedom of association and collective bargaining are
among the founding principles of the ILO. Soon after the adoption of Conventions Nos. 87 and
98 on freedom of association and collective bargaining, the ILO came to the conclusion that the
principle of freedom of association needed a further supervisory procedure to ensure
compliance with it in countries that had not ratified the relevant conventions. As a result, in
1951 the ILO set up the Committee on Freedom of Association (CFA) for the purpose of
examining complaints about violations of freedom of association, whether or not the country
concerned had ratified the relevant conventions.
According to one view, workers participation is based on the fundamental concept that the
ordinary worker invest his labour in, and ties his fate to, his
place of work and, therefore, he has a legitimate right to have a share in influencing the
various aspects of company policy”.
Dr. Alexander considers a management to be participative, “if it gives scope to the workers
to influence its decision making process on any level or sphere or if it shares with them some if
its managerial prerogatives”.
Clegg says, “It implies a situation where workers representatives are, to some extent,
involved in the process of management decision making, but where the ultimate power is in the
hands of the management”.
According to Dr. Davis, “it is a mental and emotional involvement of a person in a group
situation which encourages him to contribute to goals and share responsibilities in them”.
According to Dr. Davis, “it is a mental and emotional involvement of a person in a group
situation which encourages him to contribute to goals and share responsibilities in them”.
In should be borne in mid that when individuals are provided with opportunities for
expression and share in decision-making, they show much initiative and accept responsibility
substantially. The rationale of workers’ participation in management lies in that it helps in
creation amongst the workers a sense of involvement in their organisation, a better
understanding
of their role in the smooth functioning of industry and provides them a means of self-
realization, thereby, promoting efficiency and increased productivity.
• The participation may be at the shop level, departmental level or at the top
level.
• The basic idea is to develop self control and self discipline among works, so
that the management become “Auto Management”.
Objectives
• Socially, the need for participation arises because modern industry is a social
institution with the interest of employer, the share-holders, the community and the
workers equally invested in it.
Levels of Participation
Workers’ participation is possible at all levels of management; the only difference is that of
degree and nature of application. For instance, it may be vigorous at lower level and faint at top
level. Broadly speaking there is following five levels of participation:
The forms of workers participation in management vary from industry to industry and
country to country depending upon the political system, pattern of management relations and
subject or area of participation. The forms of workers participation may be as follows:
2. Joint decision model: In this form both the workers and management jointly
decide and execute the decisions. This form of participation is followed in U.S.A. and
West Germany.
4. Workers’ representation on board: Under this method, the workers elect their
representative and send them to the Board to participate in the decision making
process.
The participation of workers may be formal or informal. In the formal participation, it takes
the forms of formal structures such as Works Committee, Shop Councils, Production
Committee, Safety Committee, Joint Management Councils, and Canteen Committee etc. The
informal participation
may be such as the supervisor consulting the workers for granting leave, overtime, and
allotment of worked or transfer of workers from one department to another.
Based on the review and performance of previous schemes a new scheme was formulated
in 1983. The new scheme of workers participation was applicable to all central public sector
enterprises, except those specifically exempted. The scheme with equal number of
representatives will operate both at shop as well as plant level. The various functions of
participative forum laid down in the scheme could be modified with the consent of parties. The
scheme could not make such head way due to lack of union leaders consensus of the mode of
representation and workers’ tendency to discuss ultra-vires issues e.g. pay scales, wages etc.
Prior to WPM Bill, 1990 all the schemes of participation were non-statutory and
concentrated on particular levels. For effective and meaningful participation at all levels, a bill
was introduced in Parliament on 25th May, 1990. The bill provide for effective participation at
all level by formulating schemes of participation. For electing representatives for participation it
also provides for secret ballot. The appropriate government may also appoint inspectors to
review participation schemes and the bill also has provision of punishment for those who
contravene any of the provision of the Act.
Thus the workers’ participation schemes in India provide wide scope for application and
upliftment of workers. But in practice, these schemes have not
met with success though they are successful in some private sector units. The factors
responsible for the failure are:
• The attitude of trade unions towards the schemes is negative as they consider
these schemes are reducing the power of Trade Unions. Some Trade Unions boycott
Joint Management Council meetings.
• Management should appreciate the scheme and accept them in full faith.
Thus workers’ participation in management in India has yet to succeed. It can be done by
educating the workers, creating an environment in the organization for coordination of workers
and management.
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