GANADHIPATHY TULSI’S JAIN ENGINEERING COLLEGE CLASS: II MBA (HR) SUBJECT : INDUSTRIAL RELATIONS AND LABOUR WELFARE (BA9266) UNIT: I INTRODUCTION OF INDUSTRIAL RELATION The bright future of a Country’s economy very much depends on agricultural and Industrial prosperity. Hence, agricultural and Industrial activities are the twin factors for an overall progress of a country’s economy. Industrial prosperity of a country is based on industrial peace and labor harmony not only of these two; there must be a congenial work atmosphere in the industrial units between management and employees, among employees and above all between government and industrial sectors. Hence, IR is the prime need for industrial peace and labor harmony paving the way for economic prosperity of the organization. Define the term “Industrial Relations”. More specially, Industrial Relations is concerned with the systems, rules and procedures used by unions and employers to determine the reward for effort and other conditions of employment, to protect the interests of the
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GANADHIPATHY TULSI’S JAIN ENGINEERING COLLEGE
CLASS: II MBA (HR)SUBJECT : INDUSTRIAL RELATIONS AND LABOUR WELFARE (BA9266) UNIT: I
INTRODUCTION OF INDUSTRIAL RELATION The bright future of a Country’s economyvery much depends on agricultural and Industrialprosperity. Hence, agricultural and Industrialactivities are the twin factors for an overallprogress of a country’s economy. Industrial prosperity of a countryis based on industrial peace and labor harmonynot only of these two; there must be a congenialwork atmosphere in the industrial units betweenmanagement and employees, among employees andabove all between government and industrialsectors. Hence, IR is the prime need forindustrial peace and labor harmony paving theway for economic prosperity of the organization.Define the term “Industrial Relations”.
More specially, Industrial Relations isconcerned with the systems, rules and proceduresused by unions and employers to determine thereward for effort and other conditions ofemployment, to protect the interests of the
employed and their employers and to regulate theways in which employers treat their employees.
What are the Areas of IR?Areas of IR are: Collective Bargaining. Role of management, union and government. Resolution of industrial dispute. Individual grievance and disciplinary policy. Labour legislation. Industrial relations training.
What is the importance of IR?Importance of IR: To protect the interest of workers andimprove their economic conditions.
To protect the rights of managers. To regulate the ways in which employers treattheir employees.
To increase productivity.
Explain in detail the evolution of IndustrialRelations.Evolution of Industrial Relations - IndustrialRelations evolved during the late 19th century.Stages of Evolution
Agrarian Economy Stage:
Property owners (landlords) treated employeesas slaves.
Employer and employee relationship was thatof a master / servant relationship.
Employees were not paid but were providedwith basic amenities like food, shelter andclothing.
There were few levels in the strata. No interference of Government.
Handicrafts Stage: Growth of towns, cities, trade and commerceand decline in power of landlords introducedan innovation in the career of workers. Theycould move from the rank of workers toemployers.
The craftsman owned their production. They sold products directly to customers.\ There was no middleman. Introduction of apprenticeship. Introduction of employment conditions anddetermination of wages.
Introduction of fraternal benefits likedeath, disability and employment benefits.
Cottage or Putting-out Stage: Development of economy and industrial units. Expansion of markets and Trade.
Traders undertook to buy raw materials andsupply finances to craftsman.
Hiring of craftsman by traders to produceproducts.
Factory or The Industrial Capitalism Stage: Growth of trader capitalists Replacement of labor by machines. Employment of women and child labor. Poor working conditions Relationship between employer and employeewas impersonal.
Maximization of profit was the soleobjective.
Early British Rule: Indigo Plantation started in 1931. Cotton Mill was started in Bombay in 1853. Manufacture of jute in Calcutta in 1855. Coal fields were connected by rails to theport city of Calcutta.
Expansion of rail lines throughout India. Majority of the working population was inagriculture.
Working hours was more than 20hrs / day. Wages were miserable. First indication of industrial unrest andearlier work stoppage came into force in 1877
on the initiative of weavers of ExpressMills, Nagpur.
The powerless workers were dismissed andvictimized by the employers.
1895 – Employees strike in Budge BudgeJutemill resulted ina loss of Rs.18000/-.
Passing of Factories Act 1881, awakenedworking class.
A memorandum was present by 5000 workers tothe Bombay Factory Labor Commission.
First World War to Pre-Independence Period: First World War (1914 – 1918) was a boon foremployers.
Increase in employers profits. Strike by workers in Ahmedabad led by MahatmaGandhiji was an outstanding one.
Various acts were enacted like Workmen’s Compensation Act (1923) Trade Unions Act (1926) Trade Disputes Act (1917)
Second World War (1939 to 1945): Employers profit was enormous Bonus and Dearness Allowances were grantedbut no rise in wage.
Increase in number of Trade Unions. Industrial Disputes Act (1947) was formed forthe settlement of disputes.
Independence and After: Enactment of acts to put a stop to strikesand lockout. They include the following: Minimum Wages Act Factories Act (1948) Employee State Insurance Act (1948)
First Five Year Plan gave more importance tomaintenance of Industrial peace.
Second Five Year Plan evolved certain norms,guidelines for rationalization, code ofdiscipline, code of conduct and workersparticipation in management.
3rd Five Year Plan enacted the Bonus Act inthe year 1965.
1969 – Submission of report to NationalCommission on labor for maintenance andimprovement of Industrial Relations.
1975 – 1976 - Industrial Relations was quitepeaceful.
Due to repeated changes in the Government andunfavourable economic environment IndustrialRelations is exhibiting an irregular pattern.
List out the various causes for poor IndustrialRelations.
Politicalisation Inter-union rivalry Instability of policies and procedures
Poor organizational climate Heterogeneity Employee absenteeism Communication process Attitude of management Discrimination among employees Exploitation of employees Ignorance and illiteracy Limited representatives of both employer andemployees
What the pre-requisites for good IR? Economical benefit Social and psychological benefit Better wages Better working environment Unity among union members Positive attitude of management and workers Better education Training and development programme Reduce disputes Recognition of unions
Bring out the parties and their role inIndustrial Relations.
EmployeesEmployees perception about their role: Improve their conditions of employment Voice any grievance\
Exchange views and ideas with management and Share in decision making
Employees Association (Trade Unions) To participate in redressing employeegrievance through collective bargaining To secure improved terms and conditions ofemployment for their members To obtain improved staus for the worker To increase the extent to which unions canexercise democratic control over managerialdecisions
EmployersObjectives: To create and maintain employee motivation. Obtain commitment from the workforce Establish mutually beneficial channels ofcommunication throughout the organization. Achieve high levels of efficiency. Negotiate terms and conditions of employmentwith employee representatives. Share decision making with employees. Engage in a power structure with tradeunions.
Employers AssociationConfederation of Indian Industries (CII) is apowerful body which is doing an admirable job
of protecting and promoting the legitimateinterests of owners of industries.Objectives of CII include: Representing employers in collectivebargaining.
Developing machinery for the avoidance ofdisputes.
Providing information on employee relationsand to give advice to employers.
Representing members on national issues.
Government Regulates the relationship betweenmanagement and labor.
Seeks to protect the interests of both thegroups.
Wage boards, labor courts, tribunals andlaws are enacted to lay down norms and toenforce their compliance.
Judiciary and Employee RelationsPowers of Judiciary are of a dual type: The authority of the courts to settle legaldisputes.
Judicial Review – The authority of thecourts to rule on the constitutionality oflegislation.
What are the different Theories or Approaches toIndustrial Relations? Explain them in detail.
Approaches to IR
Unitary Pluralistic
MarxistApproach Approach
Approach
Unitary approach: Mutual co-operation between employees andmanagement.
Union co-operative with management. Common interest. Promotion of Harmony (strikes are regarded asunnecessary).
Pluralistic approach: Management’s authority is not accepted. Conflict between management and workers areconsidered as inevitable for innovation andgrowth.
Employees join union to protect theirinterest and influence management’s decisionmaking.
Society interests are protected by stateintervention through legislation.
Marxist approach: Regard conflicts as a product of capitalism. Conflicts arise not towards the interests ofthe organisation but because of the divisionof those who own and those who have onlylabour.
Trade unions are seen as labour reaction toexploitation by management.
Concerns for wage-related disputes aresecondary.
Co-operative worker culture and employeeparticipation are not acceptable.
CONCEPTS AND IMPORTANCE OF INDUSTRIAL RELATIONS:
EXPLAIN THE VARIOUS CONCEPTS OF INDUSTRIALRELATION? The term Industrial Relations refers tothe complex of human relationships which emergesin work situations. These situations bringpeople together for services which are boughtand sold at a price.
In a work setting, those who offer theirservices are workers/ employees and those whoutilize these are employers. Between them, thereare interpersonal or individual relationships,and also the relations between the two groups.Their economic interest primarily brings workersto work for wage, and the employers hire theirservice as a factor contributing to production.It is equally likely that the relationship maygive rise to friction and conflict of interests.
The relationship between labour andmanagement is based on mutual adjustment oninterest and goals. It depends upon economic,social and psychological satisfaction of theparties. Higher the satisfaction, healthier therelationship.
In practices it is, however, found thatlabour and capital constantly strive to maximizetheir preferred values by applying resources toinstitutions. In their efforts, they areinfluenced by and are influencing others. Bothof them augment their respective incomes andimprove their power position.
The major issues involved in the industrialrelations process are terms of employment viz.,wages, dearness allowances, bonus, fringebenefits, working condition, viz, leave,working hours, health, safety and welfare.
Uninterrupted production:
The most important benefit of industrialrelations is that this ensures continuity ofproduction. This means, continuous employmentfor all from manager to workers. The resourcesare fully utilized, resulting in the maximumpossible production. There is uninterrupted flowof income for all. Smooth running of an industryis of vital importance for several otherindustries; to other industries if the productsare intermediaries or inputs; to exporters ifthese are export goods; to consumers andworkers, if these are goods of mass consumption
Reduction in industrial disputes:
Good industrial relations reduce theindustrial disputes. Disputes are reflection ofthe failure of basic human urges or motivationsto secure adequate satisfaction or expression
which are fully cured by good industrialrelations. Strikes, lockouts, go-slow tactics,gherao and grievances are some of thereflections of industrial unrest which do notspring up in an atmosphere of industrial peace.It helps promoting co-operation and increasingproduction
High morale:
Good industrial relations improve the moraleof the employees. Employees work with great zealwith the feeling in mind that the interest ofemployer and employees is one and the same, i.e.to increase production. Every worker feels thathe is a co-owner of the gains of industry. Theemployer in his turn must realize that the gainsof industry are not for him alone but should beshared equally and generously with his workers.
In other words, complete unity of thought andaction is the main achievement of industrialpeace. It increases the place of workers in thesociety and their ego is satisfied. It naturallyaffects production because mighty co-operativeefforts alone can produce great results.
Mental revolution:
The main object of industrial relation is acomplete mental revolution of workers andemployees. The industrial peace lies ultimatelyin a transformed outlook on the part of both. Itis the business of leadership in the ranks ofworkers, employees and government to work out anew relationship in consonance with a spirit oftrue democracy. Both should think themselves aspartners of the industry and the role of workersin such a partnership should be recognized. Onthe other hand, workers must recognizeemployer’s authority. It will naturally haveimpact on production because they recognize theinterest of each other.
Who is called Employer?An employer can be defined from different perspectives as:-
a person or business that pays a wage orfixed payment to other person(s) in exchangefor the services of such persons.
a person who directly engages aworker/employee in employment.
any person who employs, whether directly orthrough another person or agency, one or more
employees in any scheduled employment inrespect of which minimum rates of wages havebeen fixed.As per Industrial Disputes Act 1947 an employer means:-
in relation to an industry carried on by or under the authority of any department of [theCentral Government or a State Government], the authority prescribed in this behalf, or where no authority is prescribed, the head ofthe department;
in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority;
W ho is an Employee? Employee is a person who is hired by anotherperson or business for a wage or fixedpayment in exchange for personal services andwho does not provide the services as part ofan independent business.
An employee is any individual employed by anemployer.
A person who works for a public or privateemployer and receives remuneration in wagesor salary by his employer while working on acommission basis, piece-rates or time rate.
Employee, as per Employee State Insurance Act1948, is any person employed for wages in or
in connection with work of a factory orestablishment to which the act applies.
Importance of Industrial Relation: To achieve the production with speed,economy, and efficiency, the relationshipbetween the management and employees andamong the employees must be cordial &congenial based on common understanding.
Planning, efficient co-ordination, effectivecontrol, appropriate recruitment, staffing &budgeting are very much based on IR. IR couldbe established provided work/job/task aregiven due importance by the management andthe workers.
IR is like a life-blood in an organization.Unless, there is proper IR in anorganization, conflict is bound to emergewhich definitely would affect the productionprogram. From the stage of receipt of the rawmaterials to the stage of producing afinished product, several operations takeplace. Each depa rtment has to handle thematerial carefully and ensure that theycomplete the task of their part of the work.
To achieve the production target, there mustbe a systematic and steady integration ofdifferent operations of various departments.This is what is termed as PipelineOrganization. If there is strike in one
department then the rest of the departmentassociated can not proceed with their normalfunction. So that, there must be a cordialrelationship between the various departmentsin the industrial establishment.
Individual must interact with one another forthe purpose of production. It involves groupactivities also. Several workers, severalwork divisions have to co-ordinate with eachother for ensuring the achievement ofproduction. Understanding each other’sfunction is of utmost importance to achieveproduction without wastage. IR is quiteimportant for the limited purpose ofproduction. In fact, management would beprepared to provide facilities (Canteen,Lighting, and Water & Rest Room) not for thehappiness of the worker but for the limitedpurpose of achieving production. The meaningof IR in common parlance connotes relation ofall those associated in productive work.
It discourages unfair practices on the part ofboth management and unions:Industrial relations involve setting up
machinery to solve problems confronted bymanagement and employees through mutualagreement to which both these parties are bound.
This results in banning of the unfair practicesbeing used by employers or trade unions.
It prompts enactment of sound labourlegislation:
Industrial relations necessitate passing ofcertain labour laws to protect and promote thewelfare of labour and safeguard interests of allthe parties against unfair means or practices.
It facilitates change:
Good industrial relations help in improvementof cooperation, team work, performance andproductivity and hence in taking full advantagesof modern inventions, innovations and otherscientific and technological advances. It helpsthe work force to adjust them to change easilyand quickly
DEFINE INDUSTRIAL RELATION NATURE ANDCHARACTERISTIC OF INDUSTRIAL RELATIONS?
According to Dale Yoder, IR is described asrelationships between management and employees,or employees and their organizations thatcharacterizes or grow out of employment”.
Prof. T. N. Kapoor states that IR is thedynamic and a developing concept which is notlimited to complex relations between tradeunions and management but also refers to thegeneral web of relationships normally existingbetween employers and employers, a web muchmore complex than the simple concept of labor-capital conflict.
Nature & Scope of Industrial Relation: Industrialization signifies automation ofmachinery in the place of manual labor.Naturally, the bulk of the work involvesactivities of diversified functions. Thisresults in classification of workers as skilled,unskilled, technical, clerical and supervisorystaff. In order to achieve the production target,the workers find it necessary to co-ordinatewith the functions of the fellow workers. Andthe managerial executives have to supervise thework; the working relation between the employeesand the employers and among employees’ has achance of getting affecting / distorted. To ensure that the relationship is madecordial, amicable & harmonious, there is a needfor maintenance of IR. IR can be understood inseveral terms such as Employer – Employeerelationship, and Labor management relationship.
Define Industrial Relation by variousauthors?“Industrial Relation are the art of livingtogether for purpose of production”
J. Henry RichardsonMeaning for Definition: The workers and the employers, have acommon purpose-production. They willingly bindthemselves to work together. The most prominentfeature of Industrial relations is, that it isan art which the two parties learn by acquiringthe skills of adjustment. “The Subject of Industrial relations deals withcertain regulated and institutionalizedrelationships in the industry” – Allan Flanders. “Problems of Human relationship arising fromthe sale of services for a wage and working onthe promises of employers and under theircontrol from the subject matter of IndustrialRelation.”
-Dale YoderWhat are the various approaches of industrialrelations?
Industrial conflicts are the results of severalsocio-economic, psychological and politicalfactors. Various lines of thoughts have beenexpressed and approaches used to explain hiscomplex phenomenon. To a psychologist,industrial conflict means the conflictinginterests, aspirations, goals, motives andperceptions of different groups of individuals,operating within and reacting to a given socio-economic and political environment”.
Psychological approach
According to psychologists, problems ofindustrial relations have their origin in theperceptions of the management, unions andworkers. These perceptions may be the view ofpersons, of situations or of issues involved inthe conflict. The perceptions of situations andissues differ because the same position mayappear entirely different to different parties.The perceptions of unions and of the managementof the same issues may be widely different and,hence, clashes may arise between the twoparties.
Sociological approach
Industry is a social world in miniature. Themanagement goals, workers’ attitudes, perceptionchange in industry, are all in turn, decided bybroad social factors like the culture of theinstitutions, customs, structural changes,status, rationality, acceptance or resistance tochange, tolerance etc. Industry is, thusinseparable from the society in which itfunctions. Through the main function of anindustry is economic, its social consequencesare also important such as urbanization, socialmobility, housing and transport problem inindustrial areas, disintegration of familystructure, stress and strain, etc.
Human relations approach
Human resources are made up of living humanbeings. They want freedom of speech, of thoughtof expression, of movement, etc. When employerstreat them as inanimate (Lifeless/ non- living)objects, encroach on their expectations, throat-cuts, conflicts and tensions arise. In factmajor problems in industrial relations arise outof a tension which is created because of theemployer’s pressures and workers’ reactions,protests and resistance to these pressures
through protective mechanisms in the form ofworkers’ organization, associations and tradeunions.
INDUSTRIAL RELATIONS PROBLEMS IN THE PUBLICSECTOR
WHAT ARE THE VARIOUS PROBLEMS THAT ADOPT ININDUSTRIAL RELATIONS WITH PUBLIC SECTOR?
The entry of public sector in the economic sphere is post-independence development. Prior to 1947, public sector investment waslimited to the railways, posts and telegraphsdepartment, the ordnance factories, and a fewState-manged factories like salt manufacturing,etc. The philosophy and programme of public sectorundertakings are incorporated in the IndustrialPolicy Resolutions of 1984 and 1956. The Industrial Policy Resolution of 1984declared that ―a dynamic national policy must bedirected to a continuous increase in productionby all possible means, side by side withmeasures to secure its equitable distribution.
The problem of State participation inindustry and the condition in which privateenterprise should be allowed to operate must bejudged in this context. Consequently, expansion in public sectorbegan to be take after this periodWhat is lockout? According to Industrial Disputes Act 1947,lock-out means the temporary closing of a placeof employment or the suspension of work or therefusal by an employer to continue to employ anynumber of persons employed by him. Lockout isemployers’ weapon while a strike is raised onpart of employees. What is picketing?
When workers are dissuaded (someone notto take a particular course of action) from workby stationing certain men at the factory gates,such a step is known as picketing. If picketingdoes not involve any violence, it is perfectlylegal. Pickets are workers who are on strikethat stand at the entrance to their workplace.It is basically a method of drawing publicattention towards the fact that there is adispute between the management and employees.
The purpose of picketing is:
to stop or persuade workers not to go to work
to tell the public about the strike
to persuade workers to take their union'sside
What is Gherao?
Gherao in Hindi means to surround. Itdenotes a collective action initiated by a groupof workers under which members of the managementare prohibited from leaving the industrialestablishment premises by workers who block theexit gates by forming human barricades. Theworkers may gherao the members of the managementby blocking their exits and forcing them to stayinside their cabins. The main object of gheraois to inflict physical and mental torture to theperson being gheraoed and hence this weapondisturbs the industrial peace to a great extent.Differentiate between Industrial relation and labor harmony:
Industrial Relation Labor Harmony Restricted Term,signifying the absenceof dispute, Lay-off,Strike, Lock- out &Closure
Positive Concept, Consolidated unityamong workers.
Achieving theproduction target.
Speaks about theidentity of workers
& mutual co-existenceamong workers.
Only an attempt toimplement scientificManagement
based on humanrelationship – Caring & sufferingsof the other.
Integral part of IR& Task Oriented scheme. Eg., accomplishingproduction target
Believes inconsolidating theworkers’ unity bydeveloping team spirit.
Industrial Peace bycoercive methods, imposingdiscipline, will notlast long.
5. Promotes humanrelationship by informalinteraction. Eg.Arrangement of Sports,entertainment & MgtGames.
Based on work torule principle
6. Based on introducingprogram to enable workersto do their work with Joy& Happiness.
7 IR is purely set onthe model of lineorganization,namely one departmentworking under the other.One dept’s performancedepends on the other.
Labor harmony is based onfunctional aspect givingimportance to the role ofindividual workersworking with co-existencewith his fellow workers.
Not giving scope forconsultation with the
8. It says you theManagement’s attitude
workers in givingdirection, instructions,commands, etc.,It speaks aboutmanagement’s role.
that sometimes theworkers set the target ofproduction by mutualdiscussion with themanagement.
Gives importance toformal relationship.
9. Gives room forinformal relationship.
Differences between Human Relations & IndustrialRelations:
Human Relations Industrial Relations Aims at improving theoverall performance of theworkers concerned bymaking committing with theJob.
Aims at the limitedpurpose of render theirservice irrespective ofthe fact Whether theworker likes ordislikes to do
The inner & inherentpotentials are encouragedto develop leadershipqualities.
Only the performance istaken into account &Management providesincentive to get thework
Personal problem areaddressed to make theemployee to denote for thework.
Performance of theemployees is moreimportant than theirstatus & rights.
Humanistic Approach isfollowed because it is
Based on scientificapproaches and this
relation –orientedmanagement.
school of thought aimsmore at task-orientedachieving target.
Indicators of Poor Industrial Relations: Absenteeism: It is unauthorized absence fromwork. Stated differently, it amounts toabsenteeism when an employee is scheduled towork but fails to report for duty.
Employee turnover: it is that situation inwhich the employee himself resigns and leavesthe job permanently.
Strikes: A strike is a collective stoppage ofwork by a group of workers.
Lockouts: Closing down of an undertaking orthe suspension of work or the refusal of anemployer to continue to employ any number ofpersons employed by him is known as lockouts.
Grievances: Grievance means any discontent ordissatisfaction, whether expressed or not,whether valid or not, arising out of anythingconnected with the company which employeethinks, believe or even feels to be unfair.
Indiscipline: it is code of misconduct.Indiscipline is violation of rules and normsof behavior (both formal and informal).
Causes of Poor Industrial Relations:Various factors responsible for poor IR are asfollows:1. Nature of Work: If the nature of work isuninteresting, it may produce chance of poor IRas the employees raise demands which may be muchmore than justifies compensating the behavioralproblems arising out of uninteresting work.2. Poor Wages and Working Conditions: Often poorwages and working conditions, taken together,constitute an important factor for poorindustrial relations. Poor wages are a matter ofinterpretation which is measured in terms ofequity. The concept of equity is based oncomparison.
When the low-paid employees comparethemselves with high-paid ones engaged insimilar nature of jobs, frustration is createdresulting into poor industrial relations.Similarly, poor working conditions areinterpreted by employees as the high-handedapproach of management and relationship betweenmanagement and employees gets worsen.3. Defective Trade Union System: Defective tradeunion system prevailing in the country has been
one of- the most responsible factors for poorindustrial relations in the country.4. Occupational Instability: Another importantfactor which sometimes affects good industrialrelations is the spectra of change inoccupation. Occupational stability makes workersfeel secure on their jobs. It produces mentallyor physically weak effect on them. Workers whohave held a job for several years generally wingconfidence on that job and do not like anychange being made in it because they fear thefollowing consequences to ensure:
The new job will not give them as muchsatisfaction as the earlier job.
The new job will reduce their wages andseniority structure.
The new job will require them to undergo sometraining.
The new job will change the existing socialrelationships.
The new job will reduce opportunities forgrowth and development.
Poor Behavioral Climate: the behavioralclimate of an enterprise which is made up ofits culture, traditions and methods of actionmay be either favorable to the worker or
unfavorable. Favorable climate is one whichhelps him meet his economic, social andpsychological wants. It produces a good imageof the enterprise in his mind.
GROWTH OF TRADE UNIONS: EXPLAIN ABOUT THE TRADE UNION AND ITS VARIOUSGROWTHS?INTRODUCTION: Trade union is an outcome of the factorysystem. It is based on labour philosophy –“united we stand, divided we fall.” Industrialrevolutions in India have changed thetraditional outlook in the labour managementrelationship. With the introduction of themodern factory system personal relationshipbetween employer and employee disappeared andhas given rise to many social and economic evilswhich made it imperative on the part of theworkers to devise an effective means to contactemployers and to bargain with them. Formation oftrade unions has provided in an ideal solution.
Objectives of Trade Unions: The importantobjectives of trade unions are as follows:1. Providing Income Security: Trade unionsstrive to improve the economic life of theemployees by getting better wage deals from theemployers through collective action.2. Maintaining Job Security: Trade unions aim atprotecting the jobs of the employees. Wheneverthe employees face a threat of elimination fromthe employers, in various forms like dismissal,discharge, layoff, retrenchment or compulsoryretirement, trade unions resist strongly suchdesigns of the employers to terminate theemployees’ services.3. Preserving Physical Security: Trade unionsseek to preserve the health and safety of theemployees by asking the employers to providesuitable physical work environment and byinsisting on their adherence to safety policiesand provisions.4. Providing Social Security: Trade unionsendeavor to provide a peaceful retirement lifeto the employees by asking the employers toprovide adequate retirement and other benefits. 5. Providing Emotional Security: Trade unionsmake every effort to improve the employer-employee relationship by constantly engaging in
negotiations with the management. They also worksystematically to improve the superior-subordinate relationship by resolving theworkplace grievances of the workers throughappropriate means.6. Procuring Political Prowess: Trade unionsattempt to improve the bargaining power of theemployees by working closely with the politicalparties of the country. Interestingly the inter-relations and interactions between trade unionsand political parties are quite common in India.Functions of Trade Unions:Functions of Trade Unions are as follows;1. Militant Functions
To achieve higher wages and better workingconditions.
To raise the status of workers as a part ofindustry.
To protect labors against victimization andinjustice.
2. Fraternal functions To take-up welfare measures for improving themorale of workers.
To generate self-confidence among workers
To encourage sincerity and discipline amongworkers.
To provide opportunities for promotion andgrowth
To protect women workers againstdiscrimination.
3. Social Functions: Social functions may begrouped under following heads:
Welfare Activities: Welfare activitiesprovided to improve the quality of work lifeincluding organization of mutual funds,cooperative credit societies for providinghousing, cooperative stores, culturalprograms, banking and medical facilities, andtraining for women in various crafts to helpthem to supplement their family income.
Education: Education of members in allaspects of their working life includingimproving their civic life, awareness in theenvironment around there enhancement of theirknowledge particularly in regard to issuesthat concern them, their statutory and otherrights and responsibilities, workers’
participation scheme, and procedure forredressing their grievances.
Publication of Periodicals, News Letters, orMagazines: Publication of periodicals,newsletters, or magazines for establishingcommunication with their members, making thelatter aware of union policy and stand oncertain principal issues and personnelmatters concerning members, such as births,deaths, marriages, promotion andachievements.
Research: Research is gaining importance andis intended mainly to provide updatedinformation to union negotiators at thebargaining table. Such research is to be morepractical than academic, concerning problemsrelating to day-to-day affairs of the unionand its activities and union and managementrelations.
4. Political Functions: In Political function,unions have to influence government policydecisions in the interest of workers.Legislative support which unions require forrealizing some of their objectives andachievement of their long-term interests hastaken them into the region of politics. Unionsare not only to contribute in the formulation of
policies but have also to see that policies areimplemented.
Types of Trade Unions:Types of Trade Unions are as follows:1. Union Classified According to Purpose: Tradeunions based on their purposes can be broadlyclassified into;Reformist Unions:
Reformist unions aim at preservation of thecapitalist economy and the maintenance ofcompetitive production based industrialrelations. They would like to continue theexisting, social, economic and politicalstructures. Trade unions seek to improve thewage level, working conditions, quality of worklife by increasing the productivity level and bybargaining for a share in the increasedproductivity. Reformist unions are furtherclassified into;
Business Unions: This type of unions is built around congenial
employee-employer cooperation. Business unionsprimarily protect the workers interest by
participating in collective bargaining with theemployer.
Friendly or Uplift Unions: These unions aspire to elevate the moral,
Intellectual and social life of workers. Theseunions concentrate on health, education,insurance and benefits. These unions are noncraft-conscious but interest conscious of theworkers.
Revolutionary Unions: These unions aim at replacing the present
system with the new and different institutionsbased on the ideals that are regarded aspreferable. These unions aim at destroying thecapitalistic system, abolish private propertyand installing socialist or communistic systems.These unions are of four types;
Political Unions:
The unions gain power through politicalaction. These unions resort to political actionto protect the workers interest the unionsprefer minimization of wage differentials.
Anarchist Unions: These unions try to destroythe existing economic system by revolutionarymeans.
Predatory Unions: According to Dr. Hoxie a third type of union
named predatory union also exists. A predatoryunion does not have any ideology. It can adoptany method which will deliver the goods and itsticks at nothing. Their distinguishingcharacteristic is the ruthless pursuit of thematter in hand by whatever means seem most-appropriate at the time, regardless of ethicaland legal codes or the effect upon those outsideits own membership. It may employ business,friendly or revolutionary methods. Types ofpredatory unions are as follows;Hold-up Unions:
This variety is usually to be found in largeindustrial centers masquerading as businessunionism. It appears to be conservative from
outside. It focuses a belief in harmony ofinterests between employer and employee. Itclaims to respect the force of contract.
Guerrilla Union: it is the second type of predatory union. The
guerrilla union does not believe in co-operationwith employers. In other words, this union workson secret and violent methods. It is totallydifferent from hold-up union because it operatesalways directly against its employers, never incombination with them, and that is its mainfeature. Its leaders are unscrupulous, ruthlessand irresponsible. This type of unionism createsterrorism to enforce the demands.Dependent Unions:
Prof. Hoxie has introduced forth type of union which is named as dependent union. The basic feature of this union is that it is dependent wholly or partly on other types of unions or employees.Explain the various stages involved in the growth of trade union?
A. SOCIAL WELFARE PERIOD – (1875 – 1918)
This period witnessed growth of industries aswell as exploitation of women and child labourand unhealthy work conditions.
Conditions were taking a bad shape as dayspassed by but there was no sign of oppositionfrom side of workers
In addition to it there was no attempt atobtaining redress through concerted effort
The labour movement in India began around1850. Few enactment which marketed thebeginning of trade unions movement in Indiaare:
The factory commission in 1875
The factories act, 1881
The second Bombay factory commission in 1884
The labour movement in India was commenced byBombay millhands association in 1890. Thepurpose of this movement was to provide aplatform to workers where their grievancescould be forwarded to management and to drawpublic attention to the cause of labour
This movement was followed by formation ofvarious groups which are running in the similarlines:
The amalgamated society of railways servantsof India.
The Bombay postal unions
The social service league
The printers’ union of Calcutta
Promote welfare activities
Spread literacy among the factory workers and
Redress grievances through constitutionalmethods
B. EARLY TRADE UNIONS PERIOD (1918 – 1924)
The year 1918 holds significance for Indiantrade unions movements
It was the year when leadership of tradeunions passed from hands of social workers tothe hands of politicians
By this time various unions were formed, someof them are:
Indian seamen’s unions
The Punjab press employees association
The madras textile labour unions, It wasestimated that between 2.5 and 5.00 lakh wereorganized into unions by this time
Explain the three phases involved in trade unionism?
The trade unionism in India developed quite slowly ascompared to the western nations. Indian trade unionmovement can be divided into three phases.
The first phase (1850 to1900) During this phase the inception of tradeunions took place. During this period, the working andliving conditions of the labor were poor and theirworking hours were long. Capitalists were onlyinterested in their productivity and profitability. Inaddition, the wages were also low and general economicconditions were poor in industries. In order toregulate the working hours and other service conditionsof the Indian textile laborers, the Indian FactoriesAct was enacted in 1881. As a result, employment ofchild labor was prohibited.
The second phase (1900 to 1946) This phase was characterized by thedevelopment of organized trade unions andpolitical movements of the working class.
Between 1918 and 1923, many unions came intoexistence in the country. At Ahmedabad, underthe guidance of Mahatma Gandhi, occupationalunions like spinners’ unions and weavers’ unionswere formed. A strike was launched by theseunions under the leadership of Mahatma Gandhiwho turned it into a satyagrah. These unionsfederated into industrial union known as TextileLabor Association in 1920.In 1920, the FirstNational Trade union organization (The All IndiaTrade Union Congress (AITUC)) was established.Many of the leaders of this organization wereleaders of the national Movement. In 1926, Tradeunion law came up with the efforts of Mr. N NJoshi that became operative from 1927. During1928, All India Trade Union Federation (AITUF)was formed.
The third phase began with the emergence ofindependent India (in 1947). The partition ofcountry affected the trade union movementparticularly Bengal and Punjab. By 1949, fourcentral trade union organizations werefunctioning in the country: The All India Trade Union Congress, The Indian National Trade Union Congress, The Hindu Mazdoor Sangh, and The United Trade Union Congress
The working class movement was alsopoliticized along the lines of politicalparties. For instance Indian national tradeUnion Congress (INTUC) is the trade union arm ofthe Congress Party. The AITUC is the trade unionarm of the Communist Party of India. Besidesworkers, white-collar employees, supervisors andmanagers are also organized by the trade unions,as for example in the Banking, Insurance andPetroleum industries.
TRADE UNIONS IN INDIA:The Indian workforce consists of 430 millionworkers, growing 2% annually. The Indian labormarkets consist of three sectors: The rural workers, who constitute about 60per cent of the workforce. Organized sector, which employs 8 per cent ofworkforce, and The urban informal sector (which includes thegrowing software industry and other services,not included in the formal sector) whichconstitutes the rest 32 per cent of theworkforce.At present there are twelve Central Trade UnionOrganizations in India: All India Trade Union Congress (AITUC) Bharatiya Mazdoor Sangh (BMS)
Centre of Indian Trade Unions (CITU) Hind Mazdoor Kisan Panchayat (HMKP) Hind Mazdoor Sabha (HMS) Indian Federation of Free Trade Unions(IFFTU) Indian National Trade Union Congress (INTUC) National Front of Indian Trade Unions (NFITU) National Labor Organization (NLO) Trade Unions Co-ordination Centre (TUCC) United Trade Union Congress (UTUC) andUnited Trade Union Congress - Lenin Sarani (UTUC- LS)What is the essential for joining in trade union?
Greater Bargaining Power
The individual employee possesses very littlebargaining power as compared to that of hisemployer. If he is not satisfied with the wage andother conditions of employment, he can leave thejob. It is not practicable to continually resignfrom one job after another when he is dissatisfied.This imposes a great financial and emotional burdenupon the worker.
2. Minimize Discrimination:
The decisions regarding pay, work, transfer,promotion, etc. are highly subjective in nature. Thepersonal relationships existing between thesupervisor and each of his subordinates mayinfluence the management. Thus, there are chances offavoritisms and discriminations. A trade union cancompel the management to formulate personnelpolicies that press for equality of treatment to theworkers.
3. Sense of Security:
The employees may join the unions because of theirbelief that it is an effective way to secureadequate protection from various types of hazardsand income insecurity such as accident, injury,illness, unemployment, etc. The trade union secureretirement benefits of the workers and compel themanagement to invest in welfare services for thebenefit of the workers.
4. Sense of Participation:
The employees can participate in management ofmatters affecting their interests only if they jointrade unions. They can influence the decisions thatare taken as a result of collective bargainingbetween the union and the management.
5. Sense of Belongingness
Many employees join a union because their co-workersare the members of the union. At times, an employeejoins a union under group pressure; if he does not,he often has a very difficult time at work. On theother hand, those who are members of a union feelthat they gain respect in the eyes of their fellowworkers. They can also discuss their problem with’the trade union leaders.
6. Platform for self expressionThe desire for self-expression is a fundamentalhuman drive for most people. All of us wish to shareour feelings, ideas and opinions with others.Similarly the workers also want the management tolisten to them. Need to form trade unions:
Trade union is an outcome of the factorysystem. It is based on labour philosophy –“united we stand, divided we fall.” Industrialrevolutions in India have changed thetraditional outlook in the labour managementrelationship. With the introduction of themodern factory system personal relationshipbetween employer and employee disappeared andhas given rise to many social and economic evils
which made it imperative on the part of theworkers to devise an effective means to contactemployers and to bargain with them. Formation oftrade unions has provided in an ideal solution.
TRADE UNIONS THEORIES
EXPLAIN THE TRADE UNIONS THEORIES?(OR) EXPLAIN THE VARIOUS THEORIES/ MOVEMENTS INTRADE UNION?(i)Karl Marx: Class Conflict and CommunistManifesto(ii) Sydney and Beatrice Webb – The Socialist Pattern of Society(iii)Robert Hoxie – Unions under the American Capitalist System(iv)Mahatma Gandhi – The Concept of Trusteeship(v) Cole’s Theory of union control industry (vi) Mitchell’s economic protection theory (vii) Simon’s theory of monopolistic, anti –democratic trade unionism(viii) Perlman’s theory of the “scarcityconsciousness “ of manual workers (ix) Hoxies functional classification ofunionism (x) Tannenaum’s theory of Man Vs machine(1951)(xi) Common’s environment theory
CODES OF CONDUCT:
WHAT ARE THE VARIOUS CODES OF CONDUCT IN THE INDUSTRIAL RELATIONS?
Meaning of Code of Conduct:Code of Conduct is a set of conventional
principles and expectations that are consideredbinding on any person who is a member of aparticular group.
A Code of Conduct creates a set of rules forspecified circumstances that become a standardfor all who participate in the group andrepresent themselves outside of the group.Corporate sales forces have a code of conduct tobe courteous and respectful while seeking newcustomers.
So, the aim of the Code is “to lay-downprinciples and guidelines to employers andworkers on the practice of industrial relationsfor achieving greater industrial harmony”.Objectives of Code of Conduct
To ensure that employers and employeesrecognize each other’s rights and obligations
To promote constructive co-operation betweenthe parties concerned at all levels
To secure settlement of disputes andgrievances by negotiation, conciliation andvoluntary arbitration
To eliminate all forms of coercion,intimidation and violence in industrialrelations
To avoid work stoppages To maintain discipline in industry.
Explain the principles followed as code of discipline/ code of conduct?
This Policy aims to provide guidance to allEmployees of the Company on how and in whichmanner should the conduct of Employees bewhen they are undertaking business on behalfof the Company.
A breach of the Policy may result indisciplinary action against the Employeeconcerned including, potential dismissal ortermination of employment or any other legalaction as may available with the Company orall of the above together.
The Company also expects its managers to leadby example and perform their duties inaccordance with this Policy and ensure thatthe content of this Policy are communicatedto all persons reporting to them.
The Company's reputation and credibility are based upon its totalcommitment to ethical business practices and also on ethicalconduct of its Employees. The basic objectives of Code of Disciplineare to: Maintain peace and order in industry. Promote constructive criticism at alllevels of management and employment.
Avoid work stoppage in industry Secure the settlement of disputes and grievancesby a mutually agreed procedure
Avoiding litigations
The Code is based on the following principles: There should be no strike or lockout withoutprior notice.
No unilateral action should be taken inconnection with any industrial matter.
Employees should follow go slow tactics No deliberate damage should be caused to a plantor property
Acts of violations, intimidation and coercionshould not be resorted
The existing machinery for the settlement ofdisputes should be utilized.
Actions that disturb cordial relationshipsshould be avoided.
To ensure better discipline in industry, managementand unions agree on not indulging into various
actions. These actions can be summarized asfollows:
Management and Union(s) agree: that no unilateral action should be taken inconnection with any industrial matter and thatshould be settled at appropriate level
that the existing machinery for settlement ofdisputes should be utilized with the utmostefficiency
that there should be no strike or lock-outwithout prior notice
that neither party will have recourse tocoercion, intimidation, victimization or go –slow tactics
that they will avoid litigation, sit-down andstay-in strikes and lock-outs
that they will promote constructive co-operationbetween their representatives at all levels andas between workers themselves
Management Agrees: not to increase work-loads unless agreed upon orsettled otherwise
not to support or encourage any unfair laborpractice such as discrimination andvictimization of any employee
to take prompt action for settlement ofgrievances and implementation of settlements,
awards, decision and orders to take appropriate disciplinary action againstits officers and members in cases whereenquiries reveal that they were responsible forprecipitate action by workers leading toindiscipline
Union agrees: not to engage in any form of physical duress not to permit demonstrations which are notpeaceful
that their members will not engage or causeother employees to engage in any union activityduring working hours
to discourage unfair labor practices such asnegligence of duty, damage to property andinsubordination
to take prompt action to implement awards,agreements, settlements and decisions
*****END OF UNIT – I *****
REFERENCE:
Indian Relations & labour legislations by M.R. sreenivasan
Dynamics of Industrial Relations by Mamoria, Gankar.
UNIT – II
DISPUTESWRITE SHORT NOTES ABOUT INDUSTRIALCONFLICTS/INDUSTRIAL DISPUTESIN INDUSTRIALRELATIONS?Industrial Disputes Act, 1947MEANING OF DISPUTES:
An industrial dispute may be defined as aconflict or difference of opinion betweenmanagement and workers on the terms ofemployment. It is a disagreement between anemployer and employees' representative; usuallya trade union, over pay and other workingconditions and can result in industrial actions.When an industrial dispute occurs, both theparties, that is the management and the workmen,try to pressurize each other. The management mayresort to lockouts while the workers may resortto strikes, picketing or gheraos. Define a Dispute:
According to the Industrial Dispute Act,1947, Section 2(k), “Industrial disputes meansany dispute or difference between employers and
employers, or between employers and workmen orbetween workmen and workmen, which is connectedwith the employment or non-employment or termsof employment or with the conditions of labor ofany person”.
From the point of view of the employer, anindustrial dispute resulting in stoppage of workmeans a stoppage of production. This results inincrease in the average cost of production sincefixed expenses continue to be incurred. It alsoleads to a fall in sales and the rate ofturnover, leading to a fall in profits.
For the employee, an industrial disputeentails loss of income. The regular income byway of wages and allowance ceases, and greathardship may be caused to the worker and hisfamily. Employees also suffer from personalinjury if they indulge into strikes andpicketing; and the psychological and physicalconsequences of forced idleness. The threat ofloss of employment in case of failure to settlethe dispute advantageously, or the threat ofreprisal action by employers also exists.Prolonged stoppages of work have also an adverseeffect on the national productivity, nationalincome. They cause wastage of national
resources. Hatred may be generated resulting inpolitical unrest and disrupting amicablesocial/industrial relations or communityattitudes.
IMPACT OF DISPUTES:WHAT ARE THE EFFECTS/ IMPACT OF INDUSTRIAL CONFLICT/ DISPUTES?The following are the impact of industrialdisputes:
There are two types of industrial conflict that exist in the employer-employee relationship--informal and formal conflict.
Informal conflict "results directly from a sense of grievance, and supposedly is wholly expressive in nature."
Formal conflict is "reserved for organized expressions of conflict articulated through a trade-union or other worker representative."a) Effects of Informal Industrial Conflict:
When an employee suddenly quits, has an unusual number of unexplained unplanned absences, or becomes anti-social toward his co-workers, this is often the result of an informalconflict.
With that said, when an employee feels disgruntled or under-appreciated, it affects his
job performance until he can seek and get resolution for his grievances.For instance, if an employee feels he is being sabotaged on the job (i.e., an unpleasant supervisor places blame on him or others for their own mistakes), he is unlikely to continue performing well on the job or participating in voluntary team activities.b) Effects of Formal Industrial Conflict
When a group of employees voluntarily joins a labor union or other formal organization, and this group determines it must strike to achieve a desired effect (i.e., better wages or a safer work environment), overall employee performance suffers as a result.
This is especially true for those impacted by the strike, such as union members who decide to cross a picket line, or those who decide not to and lose income as a result. Impact on employer: An n industrial disputeresulting in stoppage of work means a stoppageof production. This will result in increase inthe average cost of production since fixedexpenses continue to be incurred.
Impact on employees: employees also getaffected with industrial disputes. They losetheir wages during the period of strikes.
Sometimes, they become unemployed also becauseof lockouts and strikes. In this way theirfuture prospects became dim.
Impact on consumers: consumers get affected bythe scarcity of goods and price hike. Afterthe strike, the burden of the cost isnaturally passed on to the consumer by pricerise.
Impact on economy: prolonged stoppage of workby labors through strikes and lockout has anill-effect on national productivity andnational income.
CAUSES OF DISPUTES : WHAT ARE THE VARIOUS CAUSES OF INDUSTRIALDISPUTES? Following is an illustrative list of the causesfor disputes: Economic causes :
Demand for higher wages, Dissatisfaction with the method of jobevaluation,
Wrongful deductions from wages, Faulty avenues, incentive schemes, Lack of fringe benefits, Lack of promotional avenues and so on.
Psychological causes :
Lack of opportunities for advancement andgrowth,
Non-recognition of merit or seniority, Faulty transfer policy, Authoritarian administration, Poor relations with peers and superiors, andso on.
Organizational causes : Non-recognition of unions, Unfair practices, Violation of collective agreements, Improper implementation of Standing Ordersand Labor Laws,
Duality of command and supervision, Faulty communication system and so on.
Physical causes : Poor working conditions, Worn-out plant, Complex technology, Poor layout, Inadequate maintenance and so on.
5. Wages and allowances: Since the cost ofliving index is increasing, workers generallybargain for higher wages to meet the rising costof living index and to increase their standards
of living. In 2002, 21.4% of disputes werecaused by demand of higher wages andThis percentage was 20.4% during 2003 and during2004 increased up to 26.2%. In 2005,wages and allowances accounted for 21.8% ofdisputes.
6. Personnel and retrenchment: The personnel andretrenchment have also been an important factorwhich accounted for disputes. During the year2002, disputes caused by personnel were 14.1%while those caused by retrenchment and layoffswere 2.2% and 0.4% respectively. In 2003, asimilar trend could be seen, wherein 11.2% ofthe disputes were caused by personnel, while2.4% and 0.6% of disputes were caused byretrenchment and layoffs. In year 2005, only9.6% of the disputes were caused by personnel,and only 0.4% was caused by retrenchment.
7. Indiscipline and violence: From the giventable, it is evident that the number of disputescaused by indiscipline has shown an increasingtrend. In 2002, 29.9% of disputes were causedbecause of indiscipline, which rose up to 36.9%in 2003. Similarly in 2004 and 2005, 40.4% and41.6% of disputes were caused due to
indiscipline respectively. During the year 2003,indiscipline accounted for the highestpercentage (36.9%) of the total time-loss of alldisputes, followed by cause-groups wage andallowance and personnel with 20.4% and11.2%respectively
8. Bonus: Bonus has always been an importantfactor in industrial disputes. 6.7% of thedisputes were because of bonus in 2002 and 2003as compared to 3.5% and 3.6% in 2004 and 2005respectively.
9. Leave and working hours: Leaves and workinghours have not been so important causes ofindustrial disputes. During 2002, 0.5% of thedisputes were because of leave and hours of workwhile this percentage increased to 1% in 2003.During 2004, only 0.4% of the disputes werebecause of leaves and working hours.
Explain in detail the Methods for thePrevention and Settlement of IndustrialDisputes. Prevention and settlement of industrialdisputes operates at two levels: Voluntary Level and
Statutory Level.
Voluntary Level:The various methods at the voluntary level are: Collective Bargaining. Code of Discipline. Arbitration. Permanent Negotiating Machinery and JointConsultative Machinery and
Tripartite Bodies.
Collective bargainingIt can be defined as the process in whichconditions of employment are determined byagreement between representatives of theunion, on one hand and those of the employeron the other.
It is used as a means to secure immediatesolutions for disputes.
Code of DisciplineThe code consists of three sets of principlesto be followed by the parties to laborrelations. These are as under:Management and Union(s) agrees.Management Agrees.Union(s) Agrees.
Arbitration
One or more arbitrators are appointed by theparties concerned to investigate the disputeand submit a report to the governmentconcerned.
The parties must enter into a writtenagreement called the “arbitration agreement”to refer the dispute to an arbitrator.
Permanent Negotiating MachineryThe Permanent Negotiating Machineries (PNM)are operating in the Railways and TelegraphIndustries.
The machinery has 3 tiers consisting ofpeople of lower & higher unit.
Matters generally discussed are: Jobanalysis, workload analysis, demand for morestaff, administrative matters such as delayin redressal of grievances, non-implementation of orders etc.
Joint Consultative MachineryThe Joint Consultative Machinery (JCM) dealswith issues related to service conditions inthe Government Sector. The machinery hasthree tiers :
There is a National Council at the nationallevel to deal with matters affecting allCentral Government employees generally like
minimum remuneration, dearness allowance, payetc.
There are Departmental Councils at thedepartmental levels and
Regional Office Councils at the regional orlocal levels.
Tripartite BodiesThere are a number of Tripartite Bodies thatoperate at the Central and State levels.
The Indian Labor Conference, Standing LaborCommittees, Wage Boards and IndustrialCommittees operate at the Central level andState Labor Advisory Boards operate at theState level.
All these bodies play an important role inreaching at voluntary agreements on variouslabor matters.
Statutory Level:The Industrial Disputes Act, 1947 makesimportant provisions both for preventingindustrial disputes and for settling them. TheAct tries to prevent disputes by: Giving a list of unfair labor practices andmaking them punishable,
Regulation of strikes and lockouts,
Laying down law relating to lay off,retrenchment and closure, and
Prohibiting changes in conditions of serviceof a worker.
1. Unfair Labor Practices:
On the part of employers and their unions:
To interfere with workmen in the exercise ofthey’re right.
To contribute support, financial orotherwise, to any trade union.
To establish employer-sponsored unions forworkmen.
To encourage or discourage members in anytrade union by discriminating against anyworkmen.
To discharge or dismiss workmen under unfairreasons.
To abolish the work of a regular nature beingdone by workmen.
To show favoritism or partiality to one setof workers regardless of merit.
To recruit workmen during a strike that isnot an illegal strike.
Failure to implement award, settlement oragreement.
To indulge in acts of force or violence. To refuse to bargain collectively, in goodfaith with the recognized trade unions.
Proposing or continuing a lockout deemed tobe illegal under this Act.
Under Sec.25-U of the Act an employercommitting any of the aforesaid unfair laborpractice is punishable with imprisonment forsix months or with fine of Rs.1000/- or both.
On the part of workmen and trade unions:
To advise or actively support or instigateany strike deemed to be illegal under thisAct.
To coerce workmen in the exercise of theirfight to self-organization or to join a tradeunion or refrain from joining any tradeunion.
Force a recognized union to refuse to bargaincollectively in good faith with the employer.
To incite or indulge in willful damage toemployer's property connected with theindustry.
To indulge in acts of force or violence or tohold out threats of intimidation against anyworkman with a view to prevent him fromattending work.
The punishment for an employee committing anyof these unfair labor practices is the sameas in the case of an employer.
Regulation of Strikes and Lockouts: Employees do not have any right to go onstrike without proper notice before 14 daysnor do employers have such right to imposelockout without prior permission fromGovernment before 1 month.
The Industrial Disputes Act lays down severalrestrictions, on the rights of both theparties.
A strike or lockout commenced or continued incontravention of these restrictions is termedillegal and there is severe punishmentprovided for the same.
Consequences of Illegal Strike or Lockout:
Sec. 26(1) prescribes punishment to a workmanfor commencing, continuing or otherwiseacting in furtherance of a strike that is
"illegal" under Sec.24 of the IndustrialDisputes Act.
The penalty in this case is imprisonment fora term that may extend to one month, or witha fine of Rs.50/- or both.
Sec. 26(2) prescribes punishment to anemployer who commences, continues orotherwise acts in furtherance of an illegallockout.
The employer is punishable with imprisonmentfor a term that may extend up to one month,or with a fine of Rs.1000/- or both.
Law relating to Layoff, Retrenchment andClosure Layoff:According to Sec.2, layoff means the failure,refusal or inability of an employer to giveemployment to a workman on account of: Shortage of coal, power or raw materials, or The accumulation of stocks, or The breakdown of machinery, or Natural calamity, or For any other connected reason.
Provisions for lay-off:
Section 25-M prohibits layoff without priorpermission of the appropriate government incase of an industrial establishment.
Section 25-C provides for statutorycompensation to be paid to a laid-off workerequal to 50% of the total of the basic wageand dearness allowance, for all days duringwhich he is laid off, provided he hascontinuous service of one year or more. Nocompensation will be provided if he is laidoff for more than 45 days.
Retrenchment:
Retrenchment means the termination by theemployer of the service of a workman for anyreason whatsoever. Retrenchment is a permanentmeasure to remove surplus labor. Retrenchmentis not punishment.
The Industrial Disputes Act, 1947 lays downstandards in respect of retrenchment:
Under Sec.25-F no workman who has been incontinuous service for not less than one yearunder an employer shall be retrenched by thatemployer until:
The workman has to be given one month'snotice in writing.
The workman has to be paid, at the time ofretrenchment, compensation that shall beequivalent to fifteen days' average pay forevery completed year of continuous service.
A workman is deemed to be illegallyretrenched where the employer has not soughtpermission for his retrenchment or where theemployer had sought permission but it wasrefused.
Closure:
According to Sec. 2, “closure” means thepermanent closing down of a place ofemployment or part thereof.
Provisions for Closure:
Section 25-FFA requires an employer intendingto close down an undertaking to serve anotice in the prescribed manner to theappropriate government at least 60 daysbefore the date on which the intended closureis to become effective.Section 25-FFF imposes a liability on theemployer to give to every workman who hasbeen in continuous service for not less thanone year in that undertaking one month'snotice and compensation equal to fifteenday's average pay for every completed year ofcontinuous service.A closure of an undertaking if done withoutpermission of the workmen in such a case areentitled to all the benefits as if theundertaking had not been closed down.
Further, the employer is punishable withimprisonment for a term that may extend to 6months or with fine that may extend toRs.5000 or with both.
Changes in Conditions of Service.
According to Sec.9A of the Industrial DisputesAct, an employer cannot effect any change inthe conditions of service of a worker without
giving a 21 days' notice in the prescribedform.
Change in Conditions of Service includes thefollowing:
Wages including the period and mode ofpayment.
Contributions payable by employer toprovident fund, pension fund or any otherfund for benefit of the workmen.
Hours of work and rest intervals.
Leave with wages and holidays.
Compensatory and other allowances. Classification by grades. Withdrawal of any privilege or change inusage.
Introduction of new rules of discipline. Any increase or reduction in the number ofpersons employed or to be employed.
STRIKES:EXPLAIN ABOUT THE VARIOUS STRIKES AND ITS IMPORTANT?
Explain the concept strike?
A strike is a very powerful weapon usedby trade unions and other labor associations toget their demands accepted. It generallyinvolves quitting of work by a group of workersfor the purpose of bringing the pressure ontheir employer so that their demands getaccepted.
According to Industrial Disputes Act 1947, a strike is “a cessation of work by a bodyof persons employed in an industry acting in combination; or a concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment; or a refusal under a common understanding of any number of such persons to continue to work or to accept employment”.
This definition throws light on a few aspects ofa strike. Firstly, a strike is a referred to asstoppage of work by a group of workers employedin a particular industry. Secondly, it alsoincludes the refusal of a number of employees tocontinue work under their employer.
In a strike, a group of workers agreeto stop working to protest against something
they think is unfair where they work. Laborswithhold their services in order to pressurizetheir employment or government to meet theirdemands. Demands made by strikers can range fromasking for higher wages or better benefits toseeking changes in the workplace environment.Strikes sometimes occur so that employers listenmore carefully to the workers and address theirproblems.
What are the causes of strikes?
Strikes can occur because of the followingreasons:
Dissatisfaction with company policy Salary and incentive problems Increment not up to the mark Wrongful discharge or dismissal of workmen Withdrawal of any concession or privilege Hours of work and rest intervals Leaves with wages and holidays Bonus, profit sharing, Provident fund andgratuity
Retrenchment of workmen and closure ofestablishment
Dispute connected with minimum wagesExplain the various types of strike?
Economic Strike: Under this type of strike,labors stop their work to enforce theireconomic demands such as wages and bonus. Inthese kinds of strikes, workers ask forincrease in wages, allowances like travelingallowance, house rent allowance, dearnessallowance, bonus and other facilities such asincrease in privilege leave and casual leave.
Sympathetic Strike: When workers of one unitor industry go on strike in sympathy withworkers of another unit or industry who arealready on strike, it is called a sympatheticstrike. The members of other unions involvethemselves in a strike to support or expresstheir sympathy with the members of unions whoare on strike in other undertakings. Theworkers of sugar industry may go on strike insympathy with their fellow workers of thetextile industry who may already be onstrike.
General Strike: It means a strike by membersof all or most of the unions in a region oran industry. It may be a strike of all theworkers in a particular region of industry toforce demands common to all the workers.These strikes are usually intended to createpolitical pressure on the ruling government,rather than on any one employer. It may also
be an extension of the sympathetic strike toexpress generalized protest by the workers.
Sit down Strike: In this case, workers do notabsent themselves from their place of workwhen they are on strike. They keep controlover production facilities. But do not work.Such a strike is also known as 'pen down' or'tool down' strike. Workers show up to theirplace of employment, but they refuse to work.They also refuse to leave, which makes itvery difficult for employer to defy the unionand take the workers' places. In June 1998,all the Municipal Corporation employees inPunjab observed a pen down strike to protestagainst the non-acceptance of their demandsby the state government.
Slow Down Strike: Employees remain on theirjobs under this type of strike. They do notstop work, but restrict the rate of output inan organized manner. They adopt go-slowtactics to put pressure on the employers.
Sick-out (or sick-in): In this strike, all ora significant number of union members call insick on the same day. They don’t break anyrules, because they just use their sick leavethat was allotted to them on the same day.However, the sudden loss of so many employeesall on one day can show the employer just
what it would be like if they really went onstrike.
Wild cat strikes: These strikes are conductedby workers or employees without the authorityand consent of unions. In 2004, a significantnumber of advocated went on wildcat strike atthe City Civil Court premises in Bangalore.They were protesting against some remarksallegedly made against them by an AssistantCommissioner
Hunger strike: Some workers may resort tofast on or near the place of work orresidence of the employers. If it is peacefuland does not result in cessation of work, itwill not constitute a strike. But if due tosuch a fact, even those present for work,could not be given work, it will amount tostrike (Pepariach Sugar Mills Ltd. Vs. TheirWorkmen)
Effects of strikes: Cuts out the creation of profit Cuts off the employer from his market Results in mass unemployment It sometimes lead to damage to costlyequipments and property
Results in violence Loss of valuable man hours
Strikes are costly to workers. Strike directly suspends production It causes emotional tensions and mentalstrains.
Explain the consequences of illegal strikes and lock-outs?
Penalty for illegal strikes [Sec.26(1)]: Anyworkman who commences, continues or otherwiseacts in furtherance of a strike which isillegal, shall be punishable with imprisonmentfor a term which may extend to 1 month, orwith fine which may extend to Rs. 50, or withboth.
Penalty for illegal lock-out [Sec.26(2): Anyemployer who commences, continues or otherwiseacts in furtherance of a lock-out which isillegal, shall be punishable with imprisonmentfor a term which may extend to 1 month, orwith fine which may extend to Rs. 1,000 orwith both.
Penalty for instigation, etc. [Sec. 27]: Anyperson who instigates or incites others totake part in, or otherwise acts in furtheranceof, a strike or lock-out which is illegal,
shall be punishable with imprisonment for aterm which may extend to 6 months, or withfine which may extend to Rs. 1,000 or withboth.
Penalty for giving financial aid for illegalstrikes and lock-outs [Sec. 28]: Any personwho knowingly expends or applies any money indirect furtherance or support of any illegalstrike or lock-out shall be punishable with animprisonment for a term which may extend to 6months, or with fine which may extend to Rs.1,000 or with both.
STRIKES PREVENTION:EXPLAIN ABOUT THE STRIKES PREVENTION ININDUSTRIAL CONFLICTS?How to prevent or prohibit conflicts arise in industry?
Employees are prohibited from striking accordingto the section 22 of Industrial Disputes Act 1947.Employees, who are working in a public utilityservice, cannot go on a strike without giving anotice of strike within the six weeks beforestriking.
They cannot go on strike either within fourteendays of providing the strike notice or before theexpiry of the date of strike specified in any such
notice. The same rule applies to the employers.Employers who are carrying on a public utilityservice cannot lockout any of their employeeswithout giving them a prior notice within six weeksbefore the lock out or within the fourteen days ofgiving such a notice. Moreover, the notice ofstrike or lockout is to be given in a prescribedmanner showing the number of persons involved inthe strike/lockout.
The notice of strike or lockout is not necessarywhen there is already a strike or lockout going onin the company.
However, a notice should be issued on the day onwhich the lockout is declared just to intimate theappropriate authorities about the lockout.
The employer is supposed to report the number ofnotices of strikes received by him to theappropriate Government or the authority prescribedby the government within the five days ofreceiving such notices.
1. Illegal Strikes and Lock-Outs:
A strike or a lock-out is illegal if it is declaredin noncompliance with the section 22 (as definedabove) of Industrial Disputes Act 1947, that is, ifthe notice period is not served or if the strike isheld within the fourteen days of issuing the notice
of strike. If a strike or lockout has already taken placeand is being referred to a Board, thecontinuance of such a strike or lockout is notillegal provided it is in compliance with theprovisions of act.
Moreover, a lockout declared in consequence ofan illegal strike or a strike declared inconsequence of an illegal lock-out shall not bedeemed to be illegal.
2. Penalty for Illegal Strikes and Lock-outs:A workman who is involved in an illegal strike canbe penalized with imprisonment for a term extendableto a month or with a fine or fifty rupees or both.
In similar way, an employer who initiates andcontinues a lockout is punishable withimprisonment extendable to a month or with afine of one thousand rupees or both.
According to Section 25 of Industrial DisputesAct 1947, no person should provide any sort offinancial aid to any illegal strike or lock-out.
Any person who knowingly provides such a help insupport of any illegal strike or lock-out ispunishable with imprisonment for a term whichmay extend to six months, or with fine which mayextend to one thousand rupees, or with both.
INDUSTRIAL PEACE:EXPLAIN ABOUT INDUSTRIAL PEACE TO SURVIVE IN THEINDUSTRY?Meaning and Definition of Peace: Peace describesa society or a relationship that is operatingharmoniously and without violent conflict. Peaceis commonly understood as the absence ofhostility or the existence of healthy or newlyhealed interpersonal or internationalrelationships, safety in meters of social oreconomic welfare, the acknowledgement ofquality, and fairness in politicalrelationships.According to Sumner, ”Peace in industrialrelations can be defined as a state ofantagonistic cooperation”.Preconditions for industrial peace:
There should be strong trade unions withdemocratic norms.
The employers should have a progressiveoutlook. They should recognize the rights ofthe workers.
Both workers and managements should havefaith in collective bargaining and otherpeaceful means of settling disputes
Worker’s participation in management shouldbe encouraged.
There should be open two-way communicationbetween the parties to industrial relations.
Measures of Industrial Peace: Liberal and fair management policy regardingwages and other benefits.
Satisfactory working conditions Healthy supervision, fair treatment anddemonstrably impartial treatment of workers.
Evolution of a strong, representative andresponsible trade union.
Effective measures and techniques forpreservation and improvement of employee’smorale and motivation.
MACHINERY FOR PREVENTION AND SETTLEMENT OFINDUSTRIAL RELATIONS
Machinery for Prevention and Settlement ofIndustrial Relations
GOVERNMENT MACHINERY:WHAT ARE THE MACHINERY FOR PREVENTION ANDSETTLEMENT OF INDUSTRIAL RELATIONS?
The Ministry of Labour and Employment at thecentre is the key agency for the policyformulation and administration in all thematters pertaining to labour. The Stategovernments with the cooperation of their labourdepartments are responsible for the enforcementthereof. The Directorate General of Employmentand Training (DGET), Office of Chief LabourCommissioner (CLC) (Central), the DirectorGeneral of Mines Safety (DGMS), the DirectorGeneral of Factory Advice and Labour Institutes,and Industrial Tribunals are some of theagencies through which the Central Governmentdischarges its functions related to framing oflabour laws and settlement of industrialdisputes. The Labour Secretary is the overallincharge of policy formulation andadministration, and commissioners of labour in
the States are the operative arms for theeffective implementation of Labour Laws.Explain the statutory measures based on industrial disputes act, 1947?
The States are free to frame their own labourlaws as the labour falls in the concurrent list,Some States like Maharashtra, M.P., U.P. andRajasthan have their own Acts. In the rest ofthe states, Industrial Disputes Act, 1947applies. However, in the States having their ownActs, the IDA, 1947 will be applicable to theindustries not covered by the State Legislation.Formally announced in 1947, the IndustrialDisputes Act, has been amended several timessince then. Under the Act the followingauthorities have been proposed for theinvestigation and settlement of industrialdisputes.Works committees:
The IDA, 1947 provides for setting up workscommittees in every organisation having 100 ormore employees. Having representatives ofemployees and employees, these are consultativebodies and are set up for maintaining harmoniousrelations at the work lace and sort out thedifference if any. Though the act does notdefine the jurisdiction of these committees, yet
their functions mainly include providing properworking conditions and amenities for the welfareof employees at the work place or away from thework. A work committee aims at promotingmeasures for securing the preserving amity andgood relations between employees and workers.
Who are the Authorities concerned in the Settlement of Disputes? Explain their duties & responsibilities.
The Industrial Disputes Act provides for thesetting up of the following authorities for thesettlement of industrial disputes:
Works Committee
Conciliation Officers
Boards of Conciliation
Court of Enquiry
Labor Court, Tribunal and National Tribunal
Works Committee:
The works committee comprises of representativesof employers and workmen engaged in the
industrial establishment in equal number. Aworks committee is purely a consultative body.
The primary duty of a Works Committee is:
To promote measures for securing andpreserving good relations between theemployer and workmen.
To comment upon matters of their commoninterest or concern.
To smooth away frictions that might arisebetween the workmen and the management inday-to-day work.
Conciliation Officer:
Conciliation Officer is appointed by theappropriate government by notification in theOfficial Gazette.
The work of a Conciliation Officer is toinduce both the parties to the dispute to cometo, a fair and amicable settlement.
A Conciliation Officer's intervention in adispute may be either mandatory ordiscretionary.
A Conciliation Officer is required to submithis report within 14 days to the appropriategovernment along with the copy of thesettlement arrived at in relation to thedispute or in case conciliation has failed.
Conciliation has certain advantages:
In this method each party has the satisfactionthat it is the architect of its own solution.
In this method parties save a lot of time andexpense.
In this method settlement is binding on, allworkmen.
In this method settlement is final.
Board of Conciliation:
The appropriate government may bynotification in the Official Gazetteconstitute a Board of Conciliation forpromoting settlement of an industrial dispute.
The board must consist of a Chairman and twoor four other members as the appropriategovernment thinks fit.
On the dispute being referred to the Board itis the duty of the Board to do all it thinksfit for the purpose of including the partiesto come to a fair and amicable settlement.
The board must submit its report to thegovernment within 2 months of the date on whichthe dispute was referred to it.
Court of Enquiry:
The act empowers the appropriate governmentto constitute a Court of Enquiry to inquireinto any matter appearing to be connected withor relevant to an industrial dispute andsubmit its report to the appropriategovernment ordinarily within 6 months from thecommencement of the inquiry.
The primary objective of the Court is toinquire into and reveal the causes of anindustrial dispute.
Adjudication:Adjudication is a judicial process forsettlement of Industrial Disputes.
Labor Court, Industrial Tribunal & NationalTribunal:
The final phase in the settlement of disputesis compulsory arbitration or adjudication.
CONCILIATION:When the services of a neural party are
availed for the amicable solution of a disputebetween the disputing parties, this practice isknown as conciliation. The IDA, 1947 providesfor conciliation and it can be utilized eitherby appointing Conciliation Officer or by settingup Board or Conciliation.
The Conciliation Officers are appointed bythe Government by notifying in the OfficialGazettee. Usually at the State level,Commissioners of Labour, Additional and DeputyCommissioners of Labour act as ConciliationOfficer for disputes arising in any undertakingemploying less than twenty workers. In theconciliation process the officer ties to bringthe disputing parties together towards asettlement of the dispute and hence works as amediator. The intervention of conciliationofficer may e mandatory or discretionary. But inthe disputes related to public utilities inrespect of which proper notice is served to him,his intervention becomes mandatory.
The Board of Conciliation is a higher forumand is constituted for a specific dispute. Itconsists of equal number of representatives ofemployers and employees under the chairmanshipof an independent person, appointed by thegovernment. The Board has to submit its reportto the government regarding the dispute withintwo months from the date dispute was referred toit. However, depending on the case, the periodcan be extended.
Conciliation is defined as the process ofamicable settlement of disputes by the partieswith the assistance of a conciliator. It differsfrom arbitration in the sense that inarbitration the award is the decision of thethird party or the arbitral tribunal, while inthe case of conciliation the decision is of theparties which is arrived at with the mediationof the conciliator.What are the major provisions relating toconciliation in the act? A party initiating the conciliation shall senda written notice to the other party, brieflyidentifying the subject of the dispute andinviting it for conciliation. The conciliationproceedings shall commence on acceptance of
invitation by the other party. If the partyinitiating conciliation does not receive areply within 30 days from the date theinvitation was sent or within the specifiedperiod, it may opt to treat this as arejection and inform the same to the otherparty. If it rejects the invitation, there canbe no conciliation proceeding.
Unless otherwise agreed there shall be oneconciliator. The parties may however, agreethat there shall be two or three conciliators,who shall act jointly. The sole conciliatorshall be appointed by mutual consent of theparties. In case of two conciliators, eachparty may appoint one conciliator. In case ofthree conciliators, each party may appoint oneconciliator and the third conciliator may beappointed by mutual agreement of the partieswho shall act as the presiding conciliator.However, the parties may agree that aconciliator shall be appointed or recommendedby an institution or a person.
Each party shall submit to the conciliator abrief written statement describing the generalnature of the dispute and the points at issue.
A copy of the same shall be sent to the otherparty. The conciliator may require of eachparty to send a detailed statement supportedby documents and other evidence, a copywhereof shall be sent to the other party also.Any factual information concerning the disputereceived by the conciliator from a party,shall be disclosed to the other party to allowit an opportunity to present any explanation,except however, when a party gives anyinformation subject to a condition that shouldbe kept confidential.
The parties involved shall co-operate with theconciliator in good faith, comply withrequests for submitting written materials,providing evidence and attending meetings. Aparty may submit to the conciliatorsuggestions for the settlement of thedispute.
The functions of a Conciliator are:
To assist the parties in an independent andimpartial manner, to reach an amicablesettlement of their dispute.
To be guided by principles of objectivity,fairness and justice.
To give consideration to rights andobligations of the parties, trade usages,circumstances surrounding the dispute andany previous business practice between theparties.
To conduct the conciliation proceedings in anappropriate manner, taking into account thecircumstances of the case and wishes of theparties.
To make proposals for a settlement of thedispute.
Not to act as an arbitrator or as arepresentative of a party in any arbitral orjudicial proceeding in respect of the samedispute, unless otherwise agreed by theparties.
Not to act as a witness in any arbitral orjudicial proceedings.
The conciliation proceedings shall beterminated when:
A settlement agreement is signed by theparties,
A written declaration is made by theconciliators after consultation with the
parties, that further efforts atconciliation are no longer justified,
A written declaration is made by theconciliator, after the deposits requiredin relation to costs of the proceedingsare not received from the parties, thatthe proceedings are terminated,
A written declaration is made by theparties to the conciliator, that theconciliation proceedings are terminated,
A written declaration is sent by a partyto the other party and the conciliator,that the conciliation proceedings areterminated.
ARBITRATION:The Arbitration and Conciliation Act, 1996 is
the prime legislation relating to domesticarbitration, international commercialarbitration and enforcement of foreign arbitralawards and also to define the law relating toconciliation and for matters connected therewithor incidental thereto. It repealed the threestatutory provisions for arbitration:- (i) theArbitration Act, 1940; (ii) the Arbitration(Protocol and Convention) Act, 1937; and
(iii) the Foreign Awards (Recognition andEnforcement) Act, 1961.
Domestic Arbitration is defined as analternative dispute resolution mechanism inwhich the parties get their disputes settledthrough the intervention of a third person andwithout having recourse to the court of law. Itis a mode in which the dispute is referred to anominated person who decides the issue in aquasi-judicial manner after hearing both sides.Generally, the disputing parties refer theircase to an arbitral tribunal and the decisionarrived at by the tribunal is known as an'award'.
While, the term 'international commercialarbitration' means "an arbitration relating todisputes arising out of legal relationships,whether contractual or not, considered ascommercial under the law in India and where atleast one of the parties is:- (i) an individualwho is a national of, or habitually resident in,any country other than India; or (ii) a bodycorporate which is incorporated in any countryother than India; or (iii) a company or anassociation or a body of individuals whose
central management and control is exercised inany country other than India; or (iv) theGovernment of a foreign country".The major provisions relating to Arbitration inthe Act are:- The parties to a present dispute may make anagreement called as the 'arbitrationagreement' that instead of going to thecourt; they shall refer the dispute toarbitration. The parties to the agreement mayrefer to arbitration, a dispute:-
Which has arisen or which may arisebetween them,
In respect of a defined legalrelationship, whether contractual or not.
Thus, all matters of civil nature whether theyrelate to present or future disputes may formthe subject matter of reference. Even disputessuch as infringement of intellectual propertyrights shall also be covered.
Although no formal document is prescribed, anarbitration agreement/clause must be inwriting. If the arbitration agreement/clause
is contained in a document, the document mustbe signed by the concerned parties. Besides,the agreement may be established by:- (i) anexchange of letters, telex, telegram or othermeans of telecommunications; or (ii) anexchange of statements of claims and defensein which the agreement is alleged by oneparty and is not denied by the other.
The disputes that cannot be referred toarbitration are:-
Insolvency proceedings. Lunancy proceedings. Proceedings for appointment of a guardianto a minor.
Question of genuineness or otherwise of awill or matter relating to issue of aprobate.
Matter of criminal nature. Matters concerning public charitabletrusts.
Disputes arising from and founded on anillegal contract.
The agreement mandatorily requires theappointment of an arbitrator. An arbitrator isa person appointed, with or without mutual
consent of the contending parties, for thepurpose of investigation and settlement of adifference or dispute referred to him. Thearbitral tribunal may be constituted by one ormore arbitrators. The parties are free to fixthe number of arbitrators by agreement.Accordingly, the reference may be made eitherto a single arbitrator or a panel of oddnumber (i.e. 3,5,7 etc) of arbitrators. Ifthere is no agreement, the reference shall bemade to a sole arbitrator.
Unless otherwise agreed by the parties, anarbitrator may be of any nationality. In caseof an international commercial arbitration,where the parties belong to differentnationalities, the Chief Justice of India mayappoint an arbitrator of a nationality otherthan that of the parties.
What are the duties of the arbitral tribunal?(i) To act independently and impartially andtreat the parties equally; (ii) to give eachparty full opportunity to present his case.
The parties may agree on the procedure to befollowed by the arbitral tribunal inconducting its proceedings. In the absence of
such agreement, the arbitral tribunal mayconduct the proceedings in the manner itconsiders appropriate and shall be empoweredto determine the admissibility, relevance,materiality and weight of any evidence. Thetribunal shall decide whether to hold oralhearings for presentation of evidence or fororal argument, or whether to conduct theproceedings on the basis of documents andother materials.
An arbitral award shall be made in writingand shall be signed by the members of thearbitral tribunal. The award shall state itsdate and place of arbitration. The arbitralaward shall state the reasons upon which itis based, unless the parties have agreed thatno reasons are to be given or in case ofaward on a settlement between the parties. Asigned copy of the award shall be deliveredto each party.
An arbitral award is itself enforceable as adecree of the court, normally after threemonths from the date on which it was receivedby the parties, provided no application forsetting aside the award is made or if it ismade the same has been rejected. The arbitralaward shall be final and binding on theparties and persons claiming under themrespectively.
The arbitral proceedings shall be terminatedwhen:-
The final arbitral award is made, The claimant withdraws his claim, and therespondent does not object to it,
The parties agree on the termination, The continuation of proceedings has for any other reason become unnecessary or impossible
ADJUDICATIONMeaning of Adjudication:Adjudication is the ultimate remedy for the
settlement of disputes in India. Adjudicationconsists of settling disputes through theintervention of a third party appointed by thegovernment. An industrial dispute can bereferred to adjudication by the mutual consentof the disputing parties. The government canalso refer a dispute to adjudication without theconsent of the parties. The Industrial DisputesAct, 1947, provides three-tier adjudicationmachinery for the settlement of industrialdisputes, namely:
Labor Courts, Industrial Tribunals,
National Tribunals.Labor Courts:
The appropriate Government may, bynotification in the Official Gazette, constituteone or more labor courts for adjudication ofindustrial disputes relating to any mattersspecified n the second schedule. These courtsshall also perform such other functions as maybe assigned to them.Qualification for Appointment as Judges of aLabor CourtSection 7 (3) of the act provides in this regardthat a person shall not be qualified forappointment as the presiding officer of a laborcourt, unless:He is, or has been, a judge of a High Court; orHe has, for a period of not less than threeyears, been a district judge or an additionalDistrict Judge; orHe has held any judicial office in India for notless than seven years; orHe has been the Presiding Officer of a LaborCourt constituted under any provincial act orstate act for not less than five years.Duties of Labor Courts:
The labor court deals with disputes relatingto;
The propriety or legally of an order passedby an employer under the standing orders.
The application and interpretation ofstanding orders.
Discharge or dismissal of workers, includingreinstatement of, or grant of relief towrongly dismissed persons.
Withdrawal of any statutory concession orprivilege
Illegality or otherwise of a strike orlockout
Al matters except those reserved forindustrial tribunals.
Industrial Tribunals:The appropriate government may, by
notification in the official gazette, constituteone or more industrial tribunals for theadjudication of industrial disputes relating toany matter, whether specified in the secondschedule or the third schedule and forperforming such other functions as may beassigned to them under this act. This is also aone-man ad hoc body appointed by the government.Qualification for Appointment as a PresidingOfficer of an Industrial Tribunals
A person shall not be qualified for appointmentas a presiding officer of an industrial tribunalunless:
He is, or has been, a judge of High Court; or He has, for a period of not less than threeyears, been a District Judge or an AdditionalDistrict Judge.
Duties of industries tribunal:It has a wider jurisdiction than the labor
court. The government concerned may appoint twoassessors to advise the presiding officer in theproceedings. An industrial tribunal canadjudicate on the following matters:
Wages including the period and mode ofpayment; compensatory and other allowances;
Hours of work and rest periods; Leave with wages and holidays; Bonus, profit sharing, provident fund andgratuity
Rules of discipline; Rationalization
National Tribunal:This is the third one-man adjudicatory body to
be appointed by the Central Government to deal
with disputes of national importance or issueswhich are likely to affect the industrialestablishments in more than one state.
If the dispute is not settled by any othermethod, the government may refer it foradjudication. Hence it is a compulsory methodwhich provides for three-tier system foradjudication of industrial disputes. Thismachinery consists of Labour Court,Industrial Tribunals and National Tribunal.
The first two bodies can be set up either byState or Central Government but the NationalTribunal can be constituted by CentralGovernment only, when it thinks that thesolution of dispute is of nationalsignificance.
A Labour Court consists of one person only,called Presiding Officer, who is or has beena judge of a High Court.
The jurisdiction of Industrial Tribunal iscomparatively wider than Labour Courts, andfurther the Presiding Officer of Tribunal canhave two assessors may be appointed by theCentral Government to help its PresidingOfficer.
Labour Courts and Tribunals are now requiredto submit award to the appropriate government
within three months in case of individualdisputes the submitted award shall bepublished by government within 30 days fromthe date of its receipt.
It shall come into force on the expiry of 30days from the date if its publication andshall be operative for a period of one year,unless declared otherwise by the appropriategovernment.
Advantages of Arbitration over Adjudication: It must be recognized that in modern welfarestate, healthy industrial are a matter ofparamount importance. In attempting to solveindustrial disputes; industrial adjudicationtherefore, should not be delayed. Voluntaryarbitration appears to be the best method forsettlement of industrial disputes.
VOLUNTARY METHODSCode of discipline
Formally announced in 1958, the Code ofDiscipline provides guidelines for the workers,unions and employers. The code which wasapproved by major national trade unions andprincipal organisation of employers enjoyed onthem to create an environment of mutual trustand cooperation and to settle the disputes by
mutual negotiation, conciliation and voluntaryarbitration. It required the employers andworkers to utilize the existing machinery forthe settlement of disputes.A few important provisions of code of disciplineare:
Strikes and lockout cannot be declaredwithout proper notice.
The parties should not take any actionwithout consulting each other.
There should be no go slow statistics or anyresort to deliberate damage to plant orproperty or resort to acts of violence,intimidation, coercion etc.
The code has moral sanction only and it does notentail any legal liability or punishment.Tripartite machinery
Tripartite machinery consists of variousbodies like Indian Labour Conference, theStanding Labour Committee, the InternationalCommittees, the Central Implementation andEvaluation Committee and the Committee onconventions. Generally, these committees includerepresentatives from centre and the states, andthe same number of workers’ and employers’organisatoins. These various committees are
basically of advisory nature, yet they carryconsiderable weight among the government,workers and employers.Workers’ participation in management
Workers’ participation in management is anessential ingredient of industrial democracy.The concept of workers participation inmanagement is based on “Human Relations”approach to management which brought about newset of values to labour and management. According to G.S. Walpole, participation in
management gives the workers a sense ofimportance, pride and accomplishment; it giveshim the freedom and the opportunity for self-expression; a feeling of belonging to his placeof work and a sense of workmanship andcreativity. It provides for the integration ofhis interests with those of the management andmakes him a joint partners in the enterprise”.Collective bargaining
Collective bargaining is a source of solvingthe problems of employees in the work situationcollectively. It provides a good climate fordiscussing the problems of workers with theiremployers. The employees put their demandsbefore the employers and the employers alsogives certain concession to them. Thus it
ensures that the management cannot takeunilateral decisions concerning the workignoring the workers. It also helps the works toachieve reasonable wages, working conditions,working hours, fringe benefits etc. It providesthem a collective strength to bargain with theemployer. It also provides the employer somecontrol over the employees.
***** END OF UNIT – II *****
REFERENCE:
Indian Relations & labour legislations by M.R. sreenivasan
Dynamics of Industrial Relations by Mamoria, Gankar.
Labour laws of India by Rajkumar S. Adukia
UNIT – III
LABOUR WELFARE CONCEPT:Introduction:
The concept of labor is interpreted innumerous ways, due to the variability of socialinstitutions, degree of industrialization andthe level of social and economic development indifferent places and in different times.Consequently the concept of labor welfare alsois approachable from many angles. As the concept
is relative to the labor and place and thechanges in the economic and scientificenvironment, it is defined in different persons.
MEANING OF WELFARE: Welfare is a broad concept whichrefers to a state of living of an individual ora group, in a desirable relationship with thetotal environment – ecological, economic andsocial. The term welfare includes both thesocial and economic contents welfare
Social welfare is about how people,communities and institutions in a societytake action to provide certain minimumstandards and opportunities. It is generallyabout helping people face the contingencies.The goal of social welfare is to fulfill the social, health andrecreational of individuals in a society
Economic welfare is to promote economicdevelopment by increasing production andproductivity and through equitabledistribution.
Industrial progress of country depends on itscommitted labour force. In this regard theimportance of labour welfare was recognized as
early as 1931, when the Royal Commission onLabour stated that the benefits which go underthis nomenclature are of great importance to theworker who is unable to secure by himself. Theschemes of labour welfare may be regarded as “awise investment” which should and usually doesbring a profitable return in the form of greaterefficiency.
Twenty years later, the Planning commissionrealized the importance of labour welfare, whenit observed that “In order to get the best outof a worker in the matter of production, workingconditions require to be improved to a largeextent. The worker should at least have themeans and facilities to keep himself in a stateof health and efficiency. This is primarily aquestion of adequate nutrition and suitablehousing conditions. The working condition shouldbe such as to safeguard his health and protecthim against occupational hazards. The work placeshould provide reasonable amenities for hisessential needs. The worker should be quippedwith the necessary technical training andcertain level of general education.
WELFARE AND WORKING CONDITIONS: The Encyclopedia of Social Science (Vol. XV,
1935) defines labour welfare as “The voluntary
efforts of the employers to establish within theexisting industrial system, working andsometimes living and cultural conditions of theemployees beyond that which is required by law,the custom of the industry and the conditions ofthe market
The report of the Committee on Labour Welfareset up the Government of India in 1969 refers towelfare as a broad concept, a condition of well-being. It speaks of measures which promote “thephysical, psychological and general well-beingof the working population”. Welfare covers thefamilies of workers, especially in India, well-being encompasses that of their families.
Labour welfare implies providing better workconditions, such as proper lighting, heatcontrol, cleanliness, low noise level, toiletand drinking-water facilities, canteen and restrooms, health and safety measures reasonablehours of work and holidays, and welfareservices, such as housing, education,recreation, transportation, and counseling.
DEFINE LABOUR WELFARE? According to E.S.Proud as “voluntary effortson the part of the employers to improve the
existing industrial system and the conditionsof employment in their own factories”
According to Labour Investigation Committeeas “anything done for the intellectual ,physical, moral, and economic betterment ofworkers, whether by employers, government orother agencies, over and above what is laiddown by law or what is normally expected aspart of the contractual benefits for theworkers
“Welfare work covers all the efforts whichemployers make for the benefit of theiremployees over and above the minimum standardsof living working conditions fixed by theFactories Act and over and above theprovisions of the social legislationsproviding against accident old age, employmentand sickness”. N.M.Joshi
EXPLAIN THE CONCEPT OF LABOUR WELFARE?Labour welfare is a part of social
welfare, both conceptually and operationally. Itcovers state of well-being, happiness,satisfaction, conservation and development ofhuman resources. Labour welfare may be viewed as
a total concept, as a social concept and as arelative concept.
1. Total concept: The total concept is adesirable state of existence involving thephysical, mental, and emotional well-being.These elements together constitute thestructure of welfare, on which its totally isbased2.Social concept: The social concepts ofwelfare state the welfare of man, his familyand his community and are interrelated andwork together3.The relative concept of welfare: It impliesthat welfare is relative in time and place.It differs with time, region, industry andcountry depending on the value system, levelof education, social customs, and politicalsystem, degree of industrialization andgeneral standard of the socio-economicdevelopment of the people
The concept of welfare can be approached fromvarious angles. As it is related to the workers,place and changes with the economic andscientific advancement in a country it is also arelative concept. Many theories have been
outlined to constitute the conceptual frameworkof labor welfare. They are
The functional theory The policy theory The public relations theory The philanthropic theory The functional theory of labor welfare
According to this theory welfare work is used asa means to secure preserve and develop theefficiency and productivity of labor
A healthy relationship between them for thegrowth and development of their industry willlead to higher production which by itselfwill benefit both management and the labor
The worker may get better wages and even ashare in the profits.
The policy theory: The policy theory is based on the motto thata minimum standard of welfare is necessaryfor laborers.
The theory also assumes that such minimumwelfare facilities cannot be expected fromemployers unless through coercive, regulatoryand positive steps.
The public relations theory: This theory assumes that effective laborwelfare program will improve the loyal andgoodwill between the labor and themanagement.
The welfare programmes will create goodadvertisement for the organization.
The Philanthropic theory: This theory believes that his love formankind results in welfare measures for theworkers and so it cannot be treated ascontinuous or universal
Philanthropic welfare acts may defect thepurpose of the program if they are occasionalor irregular.
Religious theory: The religious theory has two types namely theinvestment and atonement aspects.
The investment aspect of the religious theoryimplies that the fruits of today’s deeds willbe reaped tomorrow. Any action good or bad istherefore treated as an investment.
The atonement aspect of the religion theoryimplies that the present disabilities of aperson are the result of the sins committedby him previously.
Social theory: The social theory implies that a factory ismorally bound to improve the conditions ofthe society in addition to improving thecondition of its employees.
Labor welfare as mentioned earlier isgradually becoming social welfare.
EXPLAIN THE NEED/IMPORTANCE OF LABOUR WELFARE?
They provide better physical and mental health to workers and thus promote a healthy work environment
Facilities like housing schemes, medical benefits, and education and recreation facilities for workers’ families help in raising their standards of living. This makesworkers to pay more attention towards work and thus increases their productivity.
Employers get stable labor force by providingwelfare facilities. Workers take active interest in their jobs and work with a feeling of involvement and participation.
Employee welfare measures increase the productivity of organization and promote healthy industrial relations thereby maintaining industrial peace.
The social evils prevalent among the labors such as substance abuse, etc are reduced to agreater extent by the welfare policies.
OBJECTIVES OF LABOR WELFARE
WHAT ARE THE OBJECTIVES OF LABOR WELFARE? To enable workers to enjoy a fuller andricher life and to improve the efficiency ofthe workers
To develop among them a sense ofresponsibility and dignity and thus make themworthy citizens of the nation
To fulfill the future needs and aspirationsof labour
Improvement and development of employees High standards of work, apart from otherlabour legislations
Improvement in quality of work life Improve the industrial system and conditionsof work
Enhance sense of belongingness,responsibility and dignity among employees
To see to the social comfort and intellectualimprovement of the employees
To ensure higher standards of workingconditions apart from those laid down by thefactories Act and provisions of the sociallegislation, which is not a necessity of theindustry
To make life worth living for the employeesSCOPE OF LABOUR WELFARE
LIST OUT THE SCOPE OF LABOUR WELFARE? Voluntary efforts to improve the existingindustrial system and the conditions ofemployment in the factory
To inculcate among the employees a sense ofresponsibility, dignity, belongingness andmake them proud of themselves and the company
To fulfill the future needs and aspirationsof the employees
To win over their loyalty To build a stable work force To reduce abseentism and labour turnover To have an atmosphere of goodwill between theemployees and the management and therebyimprove the company’s image in the society
To increase productivity and efficiency ofthe workplace
To ensure the well-being of the employees andtheir families
Provide good and healthy working and livingconditions
To recognize and reward success Ensure total employees involvement To provide guidance whenever needed The scope of labor welfare can be explainedfrom what the royal commission on labor hadheld in 1931 about the concept of laborwelfare. It was said that the labor welfaremust necessarily elastic, bearing a somewhatdifferent interpretation in one country fromanother according to different socialcustoms, the degree of industrialization andeducational development of the workers.
Labor welfare implies providing betterworking atmosphere and amenities such asproper lighting, heat and noise control,canteen facilities, sanitation, ventilation,rest and recreation facilities, health andsafety measures, holidays, housing, transportfacilities, career growth and so on.
The social security measures like industrialhealth, insurance, medical, provident fund,gratuity, maternity benefits, pension andretirement benefits and workmen’scompensation also can be brought within thescope of labor welfare.
NEED/IMPORTANCE OF LABOUR WELFAREEXPLAIN THE NEED/IMPORTANCE OF LABOUR WELFARE?
They provide better physical and mental
health to workers and thus promote a healthy
work environment
Facilities like housing schemes, medical
benefits, and education and recreation
facilities for workers’ families help in
raising their standards of living. This makes
workers to pay more attention towards work
and thus increases their productivity.
Employers get stable labor force by providing
welfare facilities. Workers take active
interest in their jobs and work with a
feeling of involvement and participation.
Employee welfare measures increase the
productivity of organization and promote
healthy industrial relations thereby
maintaining industrial peace.
The social evils prevalent among the labors
such as substance abuse, etc are reduced to a
greater extent by the welfare policies.
The employers need welfare activities todischarge their social responsibility, raisethe employees morale us the work force moreeffectively and to reduce function withworkers and to avoid absenteeism.
Welfare benefits not only raise employeemorale but make it easier for employers toattract and hire competent personnel
Welfare facilities besides removingdissatisfaction help to develop loyalty inworkers towards the organization.
Welfare may help minimize social evils, suchas alcoholism, gambling, prostitution anddrug addiction.
Welfare benefits not only raise employee morale but make it easier for employer to attract and hire competent personnel.
VOLUNTARY WELFARE MEASURES (NON STATUTORY)ALL INDIA ORGANIZATION OF EMPLOYERS AWARD
All India Organization of Employers, anallied body of FICCI has been serving the causeof Indian enterprises by promoting soundindustrial relations and better understandingbetween employers and workers on the mutualityof interests, for about 75 years AIOE, whichcelebrated its Golden Jubilee in 1983, hadinstituted an award for outstanding contributionin the field of industrial relations. The Award,which is open to companies, will be given forinnovative work done in the field of industrialrelations. The concept ofOutstanding Organisation - Industrial Relationswill include innovative approaches to fosterharmonious industrial relations throughbipartite mechanism, reducing conflicts andMandays lost and promoting employers’ welfareand development avenues, contributing to highermotivation, morale and productivity improvement.The quality of industrial relations climate orenvironment in the place or area in which anestablishment operates, will also be a deciding
factor while judging the performance.Eligibility for Award, criteria and generalguidelines, will be the same as given for FICCIawards. The Award is a plaque withsuitable citation.
AWARD SPECIFIC INFORMATION:OUTSTANDING ORGANISATION - INDUSTRIAL RELATIONSBesides the General Information of theorganization, the following Award SpecificInformation should also be submitted:
Nature of Activity-manufacturing, trading,investment, etc.
Number of establishments Information about history of theorganisation, various stages of itsdevelopment and evaluation of industrialrelations practice over last 10 years.
Whether resort is taken to bipartitecollective bargaining with properlyrecognized unions.
Number of unions & unionised workforce. No. of Strikes & lockouts and their intensity– mandays / manhours lost & production lossduring last five years
Copy of agreements to indicate whetherindustrial peace is bought or there is a give& take.
Productivity improvement initiatives andresult achieved.
Latest agreement that the nominee might haveentered into with their recognized unions mayalso be furnished.
Welfare measures and training initiativestaken by the company for employee’sdevelopment.
Stresses and strains, if any, through whichindustrial relations have gone at any periodduring the running of the company.
Number of Industrial Disputes pending Information about grievance machinery set upby the management at various levels forredressal of genuine grievances of workers.
List out legislative support for labor welfare measures as per the constitutions of India?
(A) Welfare work by employers:
There are certain employers, especially in theorganized sector, who have promised a wide
variety of welfare amenities and services totheir employees.
Educational facilities: Medical facilities Transport facilities Recreational facilities Housing facilities Consumer cooperative societies
1. Educational facilities:Providing educational facilities for thechildren of the workers is statutorilyobligatory on part of the plantation employersunder the plantations labour act,1951. It is thejoint responsibility of the state governmentsand employers to set up primary schools,secondary schools, high schools and colleges inthe industrial areas.Example:Southern railways, BHEL, ordinance factory,dalmia cement, L&T, and many others takecare ofeducation of their worker’s children byestablishing provisions for primary, junior andhigher secondary schools2. Medical facilities:
Both private and public sector employersfacilitate medical facilities for their workersand their families under ESI scheme. Indoor andoutdoor medical facilities are given to theworkers in departmental undertakings.
Common medical amenities for the employees: Suitably equipped first aid centres,ambulance rooms
Regular hospitals either in the factorypremises or inside the township
General medical treatment and healthcare Hospital and dispensary facilities for thetreatment of workers and their families
Example:Private sector companies such as Tata steel,Tata motors, Philips, Hindustan Uniliver,Godrej, L&T, and many others have extendedmedical facilities to their employees.3. Transport facilities:
Both private and public sector undertakingsmake available transport facilities from theirown sources or pay conveyance allowance in lieuthereof to their workers residing at a longdistance for relieving them from strain andanxiety and also reducing the rate of
absenteeism. To encourage the employees to havetheir own conveyance, the employers also provideloans for purchasing vehiclesSpecific principles with regard to transport forindustrial workers were, however, enacted inwelfare facilities recommendations adopted in1956The committee on Labour welfare recommended theprovision of adequate transport facilities toworkers to enable them to reach their work placewithout loss of much time and without fatigueExample:L&T, Godrej, Sandoz, Siemens, Voltas, andPhilips have extended adequate transportfacilities to their employees by own4. Recreational facilities:
Recreation in the form of music, dance,drama, games and sports, paintings, etc. areusually offered to the employees bearing in mindthe need for progress of the individualspersonality as well as the capacity tocontribute to social development and building asense of physical and mental discipline, andcreating a healthy climate for industrial peaceand progress
Under plantations labour act, 1951, the stategovernment may make rules requiring everyemployer to make provisions in his plantationfor such recreational facilities for the workersand children employed therein may be prescribedExample:The employers in the private sector, such asTata steel, Tata motors, Indian Aluminium co,Hindustan Unilever, the Ahmedabad Mill Owner’sAssociation, and most of the public sectorundertakings such as Steel Authority of IndiaLimited (SAIL), Air India, Heavy engineeringcorporation limited, Bharat Heavy ElectricalsLimited (BHEL), Indian Telephone Industries,Hindustan Machine Tools (HMT), LIC and theIndian railways allocate a substantial fund intheir budget for provision of indoor and outdoorgames and recreational and cultural activities.5. Housing facilities:
It shall be the duty and responsibility ofevery employer to provide and maintain necessaryhousing accommodation for every worker includingfamily.
In Mumbai, some of the member mills of theBombay mill owner’s association have providedsingle as well as double rooms.
In Kolkata, delhi, Nagpur, Kanpur, Chennai,bengaluru, and Madurai, some employers arepromoting residential colonies with differenttypes of quarters for different categories ofworkers. TELCO, L&T, Godrej Industries Limited,Hindustan Machine Tools Limited and the mysoreIron and steel company Ltd, have provded housingaccommodation to some of its employees.
6. Consumer cooperative societies:A consumer cooperative is a voluntary
organization of consumers, organized to obtaintheir requirements of consumer goods andservices on terms of greatest advantage to them.According to the cooperative planning committee1996, “cooperation is a form of organization inwhich persons voluntarily associate together onthe basis of equality for the promotion of theireconomic interest”.
“Cooperative societies’ means a societyregistered or deemed to be registered under thecooperative societies Act, 1912, or under anyother law with respect to cooperative societiesfor the time being in force in any state, whichis engaged in any of the activities specified insubsection (1) of section 9 and includes acooperative land mortgage bank.
This type of cooperative undertakesretailing, wholesale trading and sometimes theproduction and processing of consumer goodsThe following are the main objective of aconsumer store:
To serve its members and customers with goodsrequired by them for household consumption
To provide goods at a reasonable price and toprotect the interest of the members
To stabilize the price line and check theexploitation of the consumers by the privatebusinessmen
Type of facilities:Coverage of numbers of employeesOrganization for welfare
Welfare officer is appointed by organization.Welfare officer is well qualified and trained inthe field of industries. They know very wellabout laws, industries rules and regulations,handling of labor, industries problems.Government rules and regulations and employeeswelfare programmes.Generally the managers can also provide betterservices in implementing welfare measures as
policy decisions and directions are availablewith them.
Labor welfare practices in India:Various agencies have organized welfare activityin India. These are
Central Government The State Government The employers Trade unions Other agencies.
STATUTORY WELFARE MEASURES
Explain briefly the various statutory provisionsof labour welfare work?After Independence the Government of India
passed several acts, e.g., the Factories Act,the Employees State Insurance Act, the Minimumwages Act, the Payment of Wage Act, and theIndustrial Dispute Act, to ensure fair dealemployees in various aspects of their jobs. Wewill concern ourselves with the Factories Actand Employees State Insurance Act. An attemptwill be made to briefly describe them and thencomment on them.
Statutory welfare measures includestatutory provisions for welfare work, whichdepend for their implementation on the coercive
power of the government. The government enactscertain rules of labour welfare to conform tothe minimum standards of health and safety ofworkers. The employers are required by laws tofulfill their statutory obligations on welfare
The following are some of the labourwelfare amenities and services provided to theemployees as per the laws enacted by the centralgovernment, Limestone and Dolomite Mines LabourWelfare Fund Act, 1972(A), Beedi Workers WelfareFund Act, 1976, Cine Workers Welfare Fund Act,1981.
1.Washing facilities 2.Facilities for storing and drying clothes3.Facilities for sitting4.First-aid appliances5.Shelters, rest rooms and lunch rooms6.Canteen7.Crèche facilities
Section 42. WASHING FACILITIES:1) In every factory(a) adequate and suitable facilities for washingshall be provided and maintained for the use ofthe workers therein;(b) separate and adequately screened facilitiesshall be provided for the use of male andfemale workers;
(c) such facilities shall be convenientlyaccessible and shall be kept clean.(2) The State Government may, in respect of anyfactory or class or description of factoriesor of any manufacturing process, prescribestandards of adequate and suitable facilitiesfor washing.
Section 43. FACILITIES FOR STORING AND DRYINGCLOTHING:The State Government may, in respect of anyfactory or class or description of factories,make rules requiring the provision therein ofsuitable places for keeping clothing not wornduring working hours and for the drying of wetclothing.
Section 44. FACILITIES FOR SITTING:1) In every factory suitable arrangements forsitting shall be provided and maintained for allworkers obliged to work in a standing position,in order that they may take advantage of anyopportunities for rest which may occur in thecourse of their work.
2) If, in the opinion of the Chief Inspector,the workers in any factory engaged in aparticular manufacturing process or working in aparticular room are able to do their work
efficiently in a sitting position, he may, byorder in writing, require the occupier of thefactory to provide before a specified date suchseating arrangements as may be practicable forall workers so engaged or working.
3) The State Government may, by notification inthe Official Gazette, declare that theprovisions of sub-section (1) shall not apply toany specified factory or class or description offactories or to any specified manufacturingprocess.
Section 45. FIRST AID APPLIANCES:1) There shall in every factory be provided andmaintained so as to be readily accessible duringall working hours first-aid boxes or cupboardsequipped with the prescribed contents, and thenumber of such boxes or cupboards to be providedand maintained shall not be less than one forevery one hundred and fifty workersordinarily employed at any one time in thefactory.
2) Nothing except the prescribed contents shallbe kept in a first-aid box or cupboard.
3) Each first-aid box or cupboard shall be keptin the charge of a separate responsible person
who holds a certificate in first-aid treatmentrecognized by State Government and who shallalways be readily available during the workinghours of the factory.
Section 46. CANTEENS:1) The State Government may make rules requiringthat in any specified factory wherein more thantwo hundred and, fifty workers are ordinarilyemployed, a canteen or canteens shall beprovided and maintained by the occupier for theuse of the workers.2) Without prejudice to the generality of theforegoing power, such rules may provide for –(a) the date by which such canteen shall beprovided;(b) the standards in respect of construction,accommodation, furniture and other equipment ofthe canteen;(c) the foodstuffs to be served therein and thecharges which may be made therefor;(d) the constitution of a managing committee forthe canteen and representation of the workers inthe management of the canteen;
Section 47. SHELTERS, REST ROOMS AND LUNCHROOMS:
(1) In every factory wherein more than onehundred and fifty workers are ordinarilyemployed, adequate and suitable shelters or restrooms and a suitable lunch room, with provisionfor drinking water, where workers can eat mealsbrought by them, shall be provided andmaintained for the use of the workers : Providedthat any canteen maintained in accordance withthe provisions of section 46 shall be regardedas part of the requirements of this sub-section : Provided further that where a lunchroom exists no workers shall eat any food in thework room.
(2) The shelters or rest rooms or lunch rooms tobe provided under sub-section (1) shall besufficiently lighted and ventilated and shall bemaintained in a cool and clean condition.
(3) The State Government may –(a) prescribe the standards in respect ofconstruction, accommodation, furniture and otherequipment of shelters, rest rooms and lunchrooms to be provided under this section;(b) by notification in the Official Gazette,exempt any factory or class or description offactories from the requirements of this section.
Section 48. CRECHES:
1) In every factory wherein more than thirtywomen workers are ordinarily employed thereshall be provided and maintained a suitable roomor rooms for the use of children under the ageof six years of such women.
2) Such rooms shall provide adequateaccommodation, shall be adequately lighted andventilated, shall be maintained in a clean andsanitary condition and shall be under the chargeof women trained in the care of children andinfants.
Section 49. WELFARE OFFICERS:1) In every factory wherein five hundred or moreworkers are ordinarily employed the occupiershall employ in the factory such number ofWelfare officers as may be prescribed.2) The State Government may prescribe theduties, qualifications and Conditions of serviceof officers employed under sub-section (1)
Statutory welfare measures:Statutory welfare measures mainly include
welfare facilities provided within the precinctsof an industrial establishment. They form partof the employers’ statutory obligations. Allwelfare states provide welfare to the labor by
securing and protecting social order to ensuresocial, economic and political justice.
Health programs:Health programs generally include health
insurance, company sponsored dispensaries,maternity benefits and the like. The significantlegislative step with regard to health programswas taken with the enactment of employees stateinsurance act in 1948.
The factories act provide detailedinstructions on cleanliness, disposals of wastesand effluents, ventilation, control oftemperature, artificial humidification, over-crowding, lighting, drinking water facilities,latrines, etc.
Statutory provisions the I.L.O did much toimprove the working and living conditional ofworking people throughout the world. It hasemphasized on protection against sickness,disease and injury arising out of employment andstressed on occupational health service andenvironmental protection.
THE FACTORIES ACT 1948:
The factories act, describes variousarrangements which every owner should provide.Cleanliness:
Every factory has to be kept clean and freefrom effluvia arising from any drains. Theenactment of this section is a sequel to thefact that in a number of factories, themanufacturing processes disseminate largeamounts of dust, arrangements for the diminutionof which are frequently defective.
Disposal of wastes and effluents:Effective arrangements are to be made for the
disposal of wastes and affluent. This sectionprovides that wastes and effluents should betreated as to make them innocuous.
Ventilation and temperature:Effective and suitable provisions have to be
made, for proper ventilation and reasonabletemperature, for adequate circulation of freshair and for reasonable conditions of comfort tothe workers and also to prevent injury tohealth.Dust and fumes:
It is the responsibility of the occupier totake effective measures to deal with the dust orfumes or other impurity arising because of themanufacturing process carried on. The measuresare to prevent inhalation and accumulation inany work room of any dust or fume or otherimpurity of like nature, provided it is likelyto be injurious or offensive to the workers.
Artificial humidification:The State Government may make rules regarding
standard of humidification, etc., in factorieswhere the humidity in the air is artificiallyincreased. Humidification is employed in Indiain cotton textile mills and in a few cigarettemaking factories.
Overcrowding:In order to check or prevent overcrowding
which may be injurious to the health of theworkers, the occupier is required to provide aminimum space, per, per worker as under-300 cubic feet in factories existed at the timeof the commencement of the Act on 1st April 1949.
500 cubic feet in factories built after 1st April1949.The ceiling must be above 14 feet.
Lighting: It would be the duty and obligation of theoccupier to provide light In every part ofthe factory where workers are working
Which should be sufficient and suitable Which should be natural or artificial or both
Drinking water:In every factory effective arrangements have
be made to provide sufficient supply ofwholesome drinking water. They are to be marked“drinking water” in a language understood by themajority of the workers employed in the factory.If more than 250 are employed, provisions are tobe made for cooling drinking water for allworkers at convenient places during hot weather.
Latrines and urinals:Sufficient latrines and urinal accommodation
of prescribed standards, conveniently situated,
have to be provided separately for men andfemale worker.
Spittoons:In every factory a sufficient number of
spittoons are to be provided and maintained in aclean and hygienic condition. Whoever spits incontravention of this will be punishable withfine not exceeding five rupees.
HEALTH MEASURESIN FACTORIES ACT 1948 (Sec 11 –20)Cleanliness: Sec 11d Housekeeping, it means keeping the factorypremises clean and tidy. Removal of dirt andrefuse alone is not enough, but they have to bedisposed of in a suitable manner, without,causing detriment to the residents of thelocality. The Floor must not be wet and must be freefrom moisture. Water should not stagnate andsuitable arrangements for draining.
Constantly, detergent and disinfectants mustbe used for washing.
I) Disposal of wastes and effluents (Sec 12)
Should be disposed of in order to maintainthe hygiene inside the factory
Such waste cannot be let out withouttreatment, because wastes would pollute thesurroundings.
II) Ventilation and Temperate (Sec 13) Should ensure normal health to the workman. For this purpose, the interior walls and roofmust be designed and provided with heatresisting or heat proof materials by way ofinstallation.
III) Dust and Fumes -Sec 14 Prevent workers inhaling dust, fumes andother impurities which cannot be seen throughnaked eye in the air.
Control devices (use of Exhaust fans) arehighly recommended.
IV) Artificial Humidification – Sec 15 Government Norms to be followed forincreasing or decreasing or maintaining suchartificial humidification.
Humidifiers for keeping air moisture at evenlevel shall be provided.
V) Over Crowding – Sec 16
Every worker requires at least 300 cubic feet(now, it is 500 cubic feet) to work with easeand comfort ensuring mobility.
Aggregate space is more than 14 feet. TheChief Inspector of Factories may specify thenumber of persons to be employed in a room.
VI) Lighting – Sec 17 Too much light throws glare on normal vision.Hence, the required light with minimum powermust be provided.
Glazed windows and sky lights must constantlybe cleaned. Glares and shadows must beavoided from distorting the vision.Otherwise, workman would strain, their eyesleading to risks.
VII) Drinking Water – Sec 18 Potable, pure or wholesome drinking water atconvenient points.
The Notice Must Contain the Caption ’DrinkingWater’ in local language. If the strength isbeyond 250, cool water equipment to ensuresupply of chilled water.
VIII) Latrines and Urinals - Sec 19 For a human being, two places have to be keptclean and tidy.
Latrines and Urinals Places where people rest and relax. Factories where more than 250 workers employedmust follow the prescribed sanitary type.
IX) Spittoons – Sec 20 Are the pots, the workers having to spit. To maintain the cleanliness and hygiene of thefactory.
Sufficient number of spittoons, taking in toaccount the number of the persons provided.
A fine of Rs 5 would be imposed.
SAFETY MEASURES FACTORIES ACT 1948 – (Sec 21 -40)I) Fencing of Machinery – Sec 21 – In everyfactory the following namely, every moving part of a prime mover/ every fly-wheel,
every part of an electric generator, a motoror
every part of transmission machinery Machines must constantly be examined to ensuresmoothness.
Lubrication must be done only by the adultmale workers with tight fitting clothes,supplied by the occupier.
An adult worker can not handle any belt whichis less than 15 cms width.
Norms with regard to the fitment of pulleys,footholds and handholds etc.
II) Employment of Young Persons on DangerousMachines – Sec 23
Young persons not allowed. On the other hand,if he has fully instructed, given propertraining and the precautionary steps have to betaken, then only young persons could be employedto work on dangerous machines.
III) Striking gear and devices for cutting offpower – Sec 24 Suitable, efficient mechanical device must beprovided for instantaneously stopping themachines. Sec 24(2) necessitates the provisionof this device in every work room.
Sec 24 (3) states not only provision forcutting off power is enough, but alsoarrangements should be made for locking thesedevices in a safe position.
IV) Self-acting Machines –Sec 25 Traversing part of self acting machinery shallbe allowed to traverse both outward and inward
directions only beyond a distance of 45 cmsfrom any fixed structure.
The fixed structure shall not be part of themachine.
V) Casing of new machinery – Sec 26 Power driven machinery, spindle wheel shouldbe properly encased, i.e. covered and guardedeffectively.
Spur wheel, worm wheel, fly wheel which are inconstant motion should be safely encased.
VI) Prohibition of Employment of women andChildren near Cotton Openers – Sec 27 Women and Children are generally prohibited. Ifthe feed end of a cotton opener is portioned bya separate wall, then women and children couldbe employed on the side of the feeding end anddefinitely not at the delivery end.
VII) Hoist and lifts – Sec 28- If lifts are in use, their construction musthave been done to withstand the strain ofweight.
Lift should be fitted with gates andenclosures.
Thorough examination by competent persons atleast once in six months.
Register must be maintained.
VIII) Lifting machines, chains, ropes andlifting tackles – Sec 29 Lifting machines, cranes must be properlyfastened and strongly coupled with chains andropes.
These chains and ropes tied up with thehoists sufficiently protect lifts and cranesin contingencies like power failure,mechanical failure.
IX) Revolving Machinery – Sec 30 In case of grinding machines, the optimumspeed should be indicated for the safeworking of the machines.
Signify the maximum speed, the optimum speedmust be written on the machine for the safeuse of it.
X) Pressure Plant (Sec 31) Safe ‘working pressure’ must be ensured in everypart of the plant or machinery used in afactory. To install equipment to indicate thepressure limit so that automatic correctionscould be made.
XI) Floors, stairs and means of access – Sec 32)Suitable foothold and handhold shall be providedto the workers whenever necessary where it isunsafe to pass through a place, railings may beprovided.
XII) Pits, Sumps, Opening in Floors, etc (Sec33)All the said should be properly fenced on allsides. Preferably, it would be better if theyare closed with lids.
XIII) Excessive Weights – Sec 34Every employee shall not be allowed to carry onheavy load which is beyond the prescribed limit.
XIV) Protection of Eyes – Sec 35The occupier should provide screens or
suitable goggles to the workers and must beplaced in the vicinity of the workmen in thework spot. The workers must not only be informedabout their whereabouts but they must becompelled to make use of the goggles (Finch Vs
Telegraph Construction & Maintenance Co Ltd,1955).
XV) Precaution against dangerous fumes – Sec 36 No person in a factory is permitted to enterany pipe or other confined space in whichdangerous fumes are likely to be present.
XVI) Precautions against explosives orinflammable dust, gas etc – Sec 37
Plant and machinery used in such processshall be effectively secured by enclosures.One way of preventing such explosions shouldbe to remove the dust, gas and fume.
XVII) Precaution in case of Fire – Sec 3 :Thefactory authority must provide such number ofexit doors to facilitate persons to escape.Suitable audible alarm bell or siren foralerting the workers. Fire extinguishers andfoam sprayers should be provided. Suitabletraining must have been given for handling thisequipment.
XVIII) Safety Officers – Sec 40B His primary duty is to create awareness amongworkers for working safely.
Where more than 1000 workers and involvingany risk health and safety of persons.
WELFARE OF WORKERS IN FACTORIES ACT 1948:‘All work, No play! Makes Jack a dull boy’. Asopined by Hertzberg, providing congenialatmosphere for the workers is of primaryimportance.
I) Washing Facilities – Sec 42 – The placeswhere such facilities are available should beaccessible.The must be kept clean.
II) Facilities for Storing and drying clothes –Sec 43 – Enable the workers to keep theirclothes safe so that there is no risk of theftin that place. Space must be provided for dryingwet clothing.
III) Sitting facilities – Sec 44 Arrangements shall be made for workers to sitand take rest where their work involves astanding posture. No hard and fast rule towork in standing posture.
Chief Inspector is opined that a work could becarried out in a sitting posture; he mayinstruct / order
IV) First aid appliances – Sec 45 Containing essential medicines, includingcotton must be provided for every departmentwith not less than 150 Workers.
First aid boxes must be maintained in chargeof a responsible person, holding a certificatein first aid Course.
V) Canteen – Sec 46 Where 250 or more workers shall provide one ormore canteens as per rules of the StateGovernment.
Should be managed by a managing Committee –Consisting of representatives of employees andemployers.
VI) Shelters, rest rooms and lunch rooms – Sec47 Where 150 or more workers employed, it shallbe provided.
The workers shall not eat their food in anyother place other than the lunch room if ithas been provided.
VII) Crèches -- Sec 48- is a room foraccommodating children below the age of six. Properly lighted and adequately ventilated. Trained women assistants should be employed toattend to the Children and maintain them cleanand healthy.
VIII) Welfare Officers – Sec 49 – Where 500 or more workers, there shall be suchnumber of qualified Welfare Officers.
He must ensure that welfare measures envisagedunder the Factories Act are implemented andmaintained properly.
Address their day-today problems connectedwith their welfare and solve accordingly. A factory such as sugar factories is seasonal
in its operations functioning for a few monthsin a year such a factory employing 500 or moreworkers shall appoint their prescribed numberof welfare officers.
PLANTATION LABOR ACT 1951:The following health measures are to be providedby the employers of plantationDrinking water:
In every plantation, effective arrangementsare to be made by the employer to provide and
maintain a sufficient supply of wholesomedrinking water for all workers at convenientplaces.
Conservancy:Sufficient number of latrines and urinal or
prescribed types to be provided and maintainedat convenient places. They are to be maintainedin clean and sanitary condition.
Medical facilities:In every plantation medical facilities are to
be provided and maintained and are to be readilyavailable to the workers and thus families. Afirst-aid box must be kept in every plantation.Provisions are there in the Act, for openinggroup and garden hospitals in plantations.
WORKING HOURS FOR ADULTS:
Weekly hours:No adult worker shall be required or allowed
to, work in a factory for more than forty eighthours in any week.
Weekly holidays:No adult worker shall be required or allowed
to work in a factory on the first day of theweek unless he has or will have a holiday for awhole day on one of the three days immediatelybefore of after the said day.
Compensatory holidays:In case of exempting a factory from the above
said provision, the worker shall be providedwithin the month, compensatory holidays of equalnumber to the holidays is lost.
Intervals for rest:The period of work of adult workers in a
factory each day shall be so fixed that noperiod shall exceed five hours and that noworker shall work for more than five hoursbefore he has an interval for rest of at leasthalf an hour.
Spread over:The period of work of an adult worker in a
factory shall be so arranged that inclusive of
his intervals for rest they shall not spreadover more than ten and half hours in a day.
Prohibition of overlapping shifts:Work shall not be carried in any factory by
means of a system of shifts so arranged thatmore than one relay or workers is engaged, inwork of the same kind at the same time.
Extra wages for overtimes:Where a worker works in a factory for more
than nine hours in any day or for more thanforty eight hours in any week, he shall, inrespect of overtime work, be entitled to wagesat the rate of twice his ordinary rate of wages.
Restriction on double employment:No adult worker shall be required or allowed
to work in any factory, save on prescribedcircumstances.Notice of period of work for adultsThere shall be displayed and correctlymaintained in every factory in accordance withthe provisions of sub-section (2) of section108, a notice of periods of work for adults,
showing clearly for every day the periods duringwhich adult workers may be required to work.
Register of adult workers:The manager of every factory shall maintain a
register of adult workers, to be available to beavailable to the inspector at all times duringworking hours or when any work is being carriedon in the factory.
LABOR WELFARE FUNDSLABOUR WELFARE FUNDS:Tripartite Labour Welfare Fund Advisory Committee:
With a view to catalyze labour welfareactivities, a separate tripartite advisorycommittee has been constituted by the governmentboth at the Central and State level under eachlabour welfare fund scheme. At the centrallevel, the scheme is looked after by the unionministry of labour. The state advisory/committeeis headed by the concerned State LabourMinister. Most of the welfare activities areorganized directly by labour welfareorganizations for undertaking welfare work,adequate financial assistance is made availableto them and the employers through subsidiesLabour Welfare Facilities under Welfare Funds:
The annual reports of Ministry of labour havegiven a detailed account of various labourwelfare facilities made available to workersunder different welfare funds. A gist of whichis discussed here in somewhat detail.
(a) Assistance of Medical Facilities: Thereexist a elaborate system under which a varietyof medical facilities are provided to mineworkers.
(b) Assistance for Educational Facilities: Theworker’s education and training been recognizedas one of the key areas of labour welfare. Inthe changed socioeconomic milieu, in the recentpast, the need for effective educationalprogrammes for working class in general and thatof women, ST/SC workers in particular, hasincreased manifold. It is heartening to notethat the government has well – responded to thisneed of workers, which obvious from the factthat during 1993 – 94 as much as Rs. 455.99lakhs were incurred on this head from the labourwelfare fund. As a result of this, 1,38,427beedi, mine and cine workers were benefited.
Group Insurance Scheme of LIC for UnorganizedLabour
The Life Insurance Corporation of India hasimplemented a social security scheme forunorganized workers in Twenty – threeoccupations, by creating a social security fundfrom its contribution and that of Government ofIndia. The occupations which are covered underthe scheme are:(1) Beedi Workers(2) Brick – Kiln Workers(3) Carpenters(4) Cobblers(5) Fishermen(6) Hemals(7) Handicraft Artisans(8) Handloom Weavers(9) Handloom and Khadi Weavers(10)Lady Tailors(11)Leather and Tannery Workers(12)Physically Handicapped Self-employed Persons(13)Primary Milk Producers(14)Risckshaw Pullers/Auto Drivers.(15)Safai Karmacharis(16)Salt Growers(17)Tendu Leaf Collectors(18)The Urban Poor(19)Forest Workers(20)Sericulture(21)Toddy Tappers(22)Powerloom Workers
EDUCATION AND TRAINING SCHEME
WORKER’S EDUCATION AND TRAINING SCHEMESINTRODUCTION:
Workers’ education is essential for a neworientation in Trade Union training and strategyand to make the workers aware of their rightsand liabilities. Indeed effective workerseducation programme will serve as an instrumentfor orderly and rapid socio economic developmentof the country.
Workers’ education involves education its ownmembers under an educational system, in whichthe workers prescribe the courses ofinstructions, select the teachers and in aconsiderable measure furnish the finance.
The Indian Institute of workers’ educationwas established by the Board in 1970 to conducttraining programmes at national levels for itsofficials and trade union leaders. The instituteconducts training programmes and refreshercourses for education officers, courses fortrade functionaries and provide library andallied services.
Worker’s Education: Concept:“Workers; education” connotes different
meanings for different countries on account ofdevelopmental, cultural and historical reasons.For instance, in the United States of America,workers’ education is considered as synonymouswith training in trade union leadership whereas“the U.K., it covers trade unionism, in general,adult education, and vocational education. Inmany Western European countries, the term,“workers’ education” refers to education incitizenship (folk schools in Denmark, Lavenschools in Germany). In developing countrieslike India, the term, “workers’ education” isused in its wider connotation and aims at makingthe worker a better operative, a better unionmember and a better citizen.”
In the words of William Flayed, “workers’education” is an attempt on the part oforganized labour to educate its own membersunder an educational system in which the workersprescribe the courses of instructions, selectthe teachers and in a considerable measure,furnish the finance.”On the basis of analysis of various conflictingconcepts of workers’ education, some of itsnotable features that have been identified areas under:
i. The scope of workers’ education is much widerthan that of trade union education but isnarrower than that of adult education.
ii. The workers’ education is designed to createtrade union consciousness among workers, besidesmaking them good citizens and training them tounderstand their status, rights andresponsibilities.
iii. In workers’ education, the workersthemselves prescribe the curriculum and selectthe teachers who have full sympathy with theworking class.
iv. The institutions providing workers’education are owned, financed and managed by theworkers.
v. It is aimed at increasing the bargainingpower of trade unions and making the workingclass more sensible and cooperative.
vi. It differs from vocational and professionaleducation, for its main aim is to train a workerfor his group advancement and increasingindividual creativity, whereas vocational andprofessional education aims at individualdevelopment.
vii. The approach in workers’ education ispsychological and philosophical.
viii. It includes general education, vocationaleducation, technical education, social educationand training in trade unionism.
Objective of Workers’ Education: The basic objective of workers’ education is
to make the worker an efficient individual,disciplined trade union member and anintelligent corporate citizen, so that he playsa vital role in the socio-economic developmentof the country. Traditionally, workers’education programme can be viewed as one whichintends to strive for objectives like:
(i) To foster workers” loyalty towards the unionand imparting the necessary training to them forintelligent and efficient participation in unionactivities. Besides teaching them trade uniondynamics, history etc., which they need to knowas trade union members.
(ii) To develop the worker for good andrespectable civic life.
(iii) To promote among workers a greaterunderstanding of the problem of the country’seconomic environment and their privileges,rights and obligations as union members andcitizens.
(iv) To develop trade union leadership fromamong the rank and file thereby keeping theunion away from the clutches of politicians,leading to democratization of trade unionadministration.
Techniques of Workers Education:The workers’ education programmes may be organized in the industry premises itself.The workers may also be given practical trainingin the field. The extension work too, may form apart of the programme of workers’ education.
The techniques employed in imparting workers’ education are:(i) General lectures, delivered in simple, direct and unambiguous language;(ii) Discussions on the topics/issues involved;(iii) Organization of study groups; and(iv) Correspondence course.
Besides, these modern teaching methods arealso deployed and for this purpose, a number ofeducational aids can be used-video tapes, films,
film strips, recordings, pictorial charts, flashcards, posters, graphs, maps and diagrams, wallnewspapers, etc. The demonstrations, talks,tests, seminars, debates, role-playing,symposia, case studies and two-way communicationmethods are also encouraged. The educationalvisits and study tours of the trainees to unionoffices, factories and multipurpose projects areimportant aspects of workers’ education.
Training programmes: The board organizes 29 types of
training programmes for the workers oforganized, unorgaised and rural sectors atnational, regional, unit and village levelwith the aim to facilitate empowerment processamongst workers. Various training programmes for organized
sector are as follows: Training for trainers: 45 days Personality development programme: 2 days Joint education programme Need based seminar: 2 days Self-generation of fund programme: 1,2,3 days Plant-level seminar Unit-level classes and quality of lifeprogramme
Special efforts are made to have moreparticipation of women workers in the Board’svarious training programmes
VARIOUS TRAINING SCHEMES OF WORKERS The Direct General of Employment and training(DGET) Has designed a number of trainingprocedures are
Craftsmen’s Training Programme. Craft Instructor’s Training Advanced Vocational Training system. Foreman’s training. Apprenticeship training scheme. Part time training for industrial workers. Vocational training programme for women.
Functional adult education:The Central Board for workers Education has
also undertaken functional adult literacyprogramme among mines and plantation workers.Every regional centre started one functionaladults literacy class from October 1978. As onNovember 1979 the board had trained 52,563
worker teachers 26,61516 workers in unit levelclasses 10,16049 workers in short term trainingprogrammes.
Craftsmen’s training programme:To provide training to young men and women in
the age group 15-25, the D.G.E.T. has set upindustrial training institutes all over thecountry. To promote the efficiency of craftsmentrainees, aptitude tests have been introducedwhich are applied for the selection of craftsmentrainees in engineering trades.
Craft instructor’s training:The central training institutes train craft
instructors required by theit is and theapprentice training establishments.
Advanced vocational training system: Under thissystem, training of highly skilled workers andtechnicians are provided in a variety ofadvanced and sophisticated skill snot availablefrom other vocational training programmes.
Foreman’s training:
For the training of foreman an institute wasset up. Training is provided to the existing andpotential shop foremen and supervisors intheoretical and managerial skills and workersfrom industry in advanced technical skills.
Apprenticeship training scheme:Under the Apprentices Act, 1961, employers
are required to engage apprentices. For suchapprentices, training is provided in basictrades and on the job.Part time training for industrial workers:
For industrial workers, part-time eveningclasses are organized to improve their standardsof working. Industrial workers, possessing twoyears workshop experience in a particular tradeand sponsored by their employers are eligiblefor admission to this course.
How would you suggest and recommendations forbetter implementation of the worker’s educationscheme? More publicity: More publicity is requiredfor workers education among the managementstaff to have more initiative, interest and
involvement to great extent for the success ofthe scheme
Well-planned study tours: Well planned andorganized study tours with definite objectiveswill motivate the workers to join thisprogramme.
Responsibility of the trade unions: Tradeunions should take more initiative abdresponsibility in organizing the classes andinclude the employers to provide necessaryfacilities to the workers.
Simplified training course material: Corecurriculum for worker-teachers training courseand unit level classes should be simplifiedand made flexible to suit the needs of theparticular group of workers or industry.
*****END OF UNIT – III *****
References:
Dynamics of Industrial relations bymamoria
Labour legislations by Dr. K. Kulshrestha
UNIT – IV
INDUSTRIAL SAFETY:
INTRODUCTION:Industrial accidents are mainly due to human
failure – somewhere in the claim ofcircumstances which lead to injury, we find thehuman factor. Specialist sections of management– engineers, electricians, designers, work studyofficers – are often lacking in an appreciationof the need to apply the principles of accidentprevention to their work. “Unsafe” methodaccounts for a very high proportion ofaccidents. Therefore safety must be an integralpart of any industrial undertaking; it must bebuilt in at the design stage, in productionplanning and in operator training. The challengeof true of mind by efficient and regular safetytraining for all levels of management andworker. The aim must be to make every individualin industry have more regard not only for hisown personal safety, but also for the safety ofothers.
FEATURES OF SAFETY ORGANIZATION:Many persons influence safety directly. The
chief executive, production managers,maintenance personnel or industrial relationsemployees. The plant physician the supervisorand production employee can affect safetyqualitatively. Factors that govern plant safetyeffectiveness included choice of equipment,
procedures and materials; budgets, the selectionof personnel, the kind of leadership provided,and the work habits of the individual. When asafety specialist is employed to direct theplant safety programme his function usually isto assist line managers to control the safety oftheir operations. Ordinarily he does not assureany management prerogative but, developsinformation and materials which enable Zmanagersto optimize the chemical Industry are:A. Management participation safety programme.(Declaration of company safety policy)B. Supervisory responsibility for employeesafety. (Each member of the supervisory staff isheld responsible for safety).C. Assignment of staff functions to safetypersonnel.a. Safety department, safety engineer of otherdesignated personnel given recognition andresponsibilityb. Duties include correlation of accident –prevention activities, promoting the safetyprogramme.D. Provision for safe working conditions,building and equipmentc. Establishment of engineering standards.d. Review of plans for new processes orequipment from safety and fie protectionengineering point of view.
e. Industrial hygiene surveys to evaluationpotential chemical exposure hazards. Safetyeducation and safety trainingf. Education of supervisory personnel to assistthem in carrying out their assigned safetyresponsibilities.g. Employee education (New employee safetyinduction programmes)h. Development of safety consciousness in allemployees (use of bulletins, posters, films, andother visual aids).
SAFETY COMMITTEESA safety committee or group of plant committeesis common to many plant safety organizations.They are subject to the usual problems ofcommittee operation. When safety committees areestablished they require executive initiative.The committee size should be kept small foreffective work but large enough to include allinvolved in plaint’s operation.
Co-ordination of the committee activities,encouragement of their effectiveness, andprovision of assistance in their studies areleading functions of chief executive of safety.
CAUSES OF ACCIDENTSWHAT ARE THE CAUSES OF INDUSTRIAL ACCIDENTS?
Causes of industrial accidents can be studiedunder the following two broad categories:Unsafe condition: The causes of industrialaccidents that pertain to unsafe conditions mayinclude insufficient workplace lighting,excessive noise, slippery or unsafe flooring,extreme temperature exposure, inadequateprotection when working with machinery orhazardous materials, unstable structures,electrical problems, machine malfunction orfailure, and so on.Unsafe acts: the causes of industrial accidentsthat involve unsafe acts may include actions orfailures to act which results in injury. Thiscan be a result of employee negligence, butemployers, organizations, and productmanufacturers can also be liable for the causesof industrial accidentsExternal causes and internal causesThe causes of industrial accidents can be in theenvironment around the workplace or within thework environment.External causes of industrial accidents mayinclude fires, chemical spills, toxic gasemissions or radiations. The causes ofindustrial accidents in these cases may includeorganizational errors, human factors, abnormal
operational conditions, natural forces, softwareor component failures, and outside interferenceInternal causes of industrial accidents mayinvolve equipment or other work relatedtangibles, harmful materials, toxic chemicalsand human errorThe causes of accidents can also be broadlydivided into the following 5 groups:1. Technical causes: these are defective andworn-out machinery, poor maintenance, lack ofprecautions like safeguards, fencing ordangerous machines, wrong and bad layout, roomscrowed with machines, raw materials and wasteproducts, neglect in housekeeping and workingconditions
2. Personal causes: these include improperrecruitment, selection and placement inindustries, personal and social factors likecarelessness, ignorance, inadequate skill,improper supervisions, relationship with thesupervisor and other colleagues and familyproblems
3. Psychological causes: psychological, mentaland emotional imbalances are at the root ofseveral accidents. It is well-known thatemotionally disturbed or mentally pre-occupiedpersons mee with accidents and face failures,
tiredness, overwork, monotony, boredom, andlack of self-confidence.
4. Non-observance of safety rules: thepredominant cause of accidents is the sheernon-observance of industrial safety rules
5. Miscellaneous causes: Inability of the workers to grasp the
implications of a process Neglect of safety regulations by workers and
their reluctance to use safety equipment Haste on the part of the workers,
particularly when they are on incentivepayment schemes
Liberal attitude taken by the ESI doctors incertification of accident injuries
ACCIDENT PREVENTION PROGRAMME:Basic steps in safety ProgrammeIn industries, many plans, some of them farreaching, have been formulated for theprevention of accidents. Some of the usefulplans are based on fundamental principles whichstart with simple steps undertaken usually inthe following order.
(1) Obtain co-operation of plant manager: Themanager’s desire for safety achievement must beclearly visible through his action to achieveit.
(2) Obtain co-operation of other Heads ofDepartments: The other heads of departments mustmake safety an integral part of the operatingorganization.
(3) Analyze Accident records: Accident reportsfor the past year or two should be analyzed toearn, if possible, the how, who, where, when andwhy of each accident.
(4) Hold meetings of Operation Executives: Allsupervisors, sectional heads and operating headsshould than be summoned to a general meetingpresided by chief of safety.
(5) Organize Education Work” Formulate aprogramme to maintain interest and supplyinformation on safety to management supervisorsand workers.
ROLE OF SAFETY DIRECTOROne man must be responsible for development
and codification of safety information,counseling managers on safety implementation
methods, and developing progress measurementdata in every plant regardless of its size orthe type of safety organization. He may becalled safety engineer, safety specialist,safety inspector, safety manger of safetydirector. The chief operating executive ineffect directs the plant safety effort. A safetydirector’s actual position in the plantorganization varies with the generalorganization of the individual plant. Thefollowing are general functions performed
The other work related causes of accidents are:The job itselfSome jobs are more dangerous than others such asthe job of crane man in comparison so that ofthe foreman. For example, the job of chemist inpharma industries is more dangerous than chemistin water industries.
Work schedules:Generally accidents occur during the early hoursof the workday. They are more frequent duringthe night shift. Generally our body requiresrest during night time.
Unsafe acts:
These acts may be result of lack knowledge onthe part of the employee certain physicaldefects and wrong attitudes.Operating without authorityPersonal protective equipmentThrowing materials on the floor carelessly.Taking unsafe positions.Lifting improperly.Operating or working at unsafe level of speed.Cleaning, adjusting, oiling, repairing, etc.,
Other issues:Certain conclusions can be drawn on the basis ofexperience and studies undertaken bypsychologist such as
Untrained employees sustain injuries morethan trained employees.
During the night shift occur more accidents Unmarried employees generally have moreaccidents than married employees.
Male employees sustain more accidents thanfemale employees.
Insecure jobs create more accidents than jobsecure employees.
Voluntary machinery: These measures include the ways implementedby the management voluntarily and not imposedby the law.
Organizations appoint safety officers anddevelop their safety programmers.
Safety training programmes should be providedto the workers on regular intervals.
If the voluntary machinery for the preventionof industrial accidents is strong enough.
Regulatory machinery:Worker’s Compensation Act 1923, Factories’
Act 1948, The Employees State Insurance Act 1948and Personal injuries Act 1963 are the mainlegislations passed by the union Governmentwhich deal with occupational Safety Provisionsin the industrial organizations.The above Acts provides for recruitment andselection procedures, minimum distance to bemaintained from self acting machine and specificprovisions for protection of eyes against glare,dangerous fumes, gas, etc.The Mines Act 1952 contains rules andregulations for providing safety, health andwelfare of workers employed in mines.
PREVENTION OF ACCIDENTSEXPLAIN ABOUT THE PREVENTION OF ACCIDENTS INIR ? Industrial accidents Focus on the safety of
the industrial site:
Employers must inspect the site with safetyengineers and warn employees of possibledanger zones. Workers, in turn, must complywith the safety requirements set forth bytheir supervisors in order to maximizeindustrial accident prevention measures.
Enforce safety rules or take safetyprecautions on their industrial site and theycan be held liable in a third-party suit.
Industrial accidents Focuses on the equipmentfrequently used in industrial area Employers must provide adequate safetyprecautions to equipment such as scaffoldings(many industrial accidents are caused byfalls from heights or faulty scaffolds),motorized vehicles (tractors, forklifts), gaspressure machinery, electricity conductorsand heavy machinery that are frequently usedin industrial site
Compel the equipment and machinerymanufacturers to design, produce and maintainproperly functioning products.
Industrial accidents Focuses on the employers Employers must provide employees with a safeplace to work;
Safe tools to the work with;
Knowledge of hazards Competent fellow employees and supervisors; Rules to perform the work safety and the meanto ensure that the rules are observed
Industrial accidents Focuses on unsafeconditions Easiest to correct (and vey cost-effective) Easiest to prevent
Safety audits Safety inspections Maintenance schedules for equipment Encouraging employee reporting Good housekeeping
Industrial accidents Focuses on unsafe acts Most difficult to address like changingbehavior in not easy.
Industrial accidents are best prevented bydeveloping a ‘safety culture’
Industrial accidents focuses onsupervisors/foremen
Supervisors should insist on the followingaccident-prevention measures:
Development of safe working conditions Creation of safe work habits on apersonalized basis
Promotion of employee participation in safety Taking action when safety rules are ignored
Industrial accident prevention measures assuggested by the tripartite technicalconference organized by the InternationalLabour Organization
A tripartite technical conference, organizedby the International Labour Organization in1948, formulated a Model Code of SafetyRegulations for Industrial Establishments forthe guidance of governments and industry. Rule82 of this code deals with guarding ofmachinery. As per the code, the guards should beproperly designed, constructed and used so thatthey will as per the code, the guards should beproperly designed, constructed and used so thatthey will
Provide positive protection Prevent all access to the danger zone Cause the operator no discomfort orinconvenience
Not to interfere unnecessarily withproduction
Operate automatically or with minimumeffort
Be suitable for the job and the machine Provide for machine oiling, inspection,maintenance and repair
Be durable, and fire and erosion resistance Protect against unforeseen operationalcontingencies
Benefits of accident prevention efforts Every accidents prevented saves direct andindirect accidents costs, that is, money thatremains in profits
Employees will not be injured or killed Property and materials will not be destroyed Production will flow more smoothly An employee will have more time for othermanagement duties connected with his/her job
Increased employee security at workCOMPONENTS OF SAFETY SERVICE:
Appointment of safety officer:
In big organizations, the appointment of asafety officer to head the safety departmentis a must.
The head of the safety department who isusually a staff man is granted power toinspect the plant for unsafe condition topromote sound safety practices.
The role of a safety officer in an organizationis
To formulate safety procedure, safety policy,safety requirements and standard of thecompany.
To administer safety suggestion schemes. To provide safety education and trainingvarious levels of employees.
To investigate the causes of industrialinjuries.
Act as close liaison with Government and nongovernment agency.
Elimination of Hazards:Complete elimination of all hazards is virtuallyan impossibility but following steps can betaken to reduce the hazards.
Placement:A poorly placed employee is more apt to incurinjury than a properly placed employee.
Safeguarding machinery:Guards must be securely fixed to all powerdriven machinery.
Materials handling:Improper and careless handling of heavy andinflammable material is an important source ofseveral injuries and fire.
Safety education and training: Safety education for all levels of managementpersonnel and for employees is vital for andsuccessful safety programmes.
Safety training is concerned with developingsafety skills, whereas safety education isconcerned with increasing the employees’knowledge about accident prevention.
Organizations conducts safety contest andsafety awards.
Safety committee: Some organizations primarily constitute asafety committee.
This committee ensures the establishment ofsafe working conditions in an organization.
The size of the committee depends on the sizeof an organization and generally includes oneor more persons from among the employees.
The workers suggestion of safety programmes,procedures to be adopted by the organization.
Safety engineering: The adoption of proper engineering proceduresto minimize and eliminate work hazards isfundamental to any organized safetyprogrammes.
New products, processes and machines aredesigned and full attention is paid to safetyengineering in design lay out andinstallation.
Safety equipment is made available to anemployee at a subsidized price or free ofcharge.
Welfare schemes:The following welfare measures should beprovided by the industry for the welfare of theemployees.
Reasonable hours of work:Long working hours per day per week results
in excessive fatigue, physical and mental strainwhich affects the health of the employees.
Accident and safety precautions: Working conditions can be improved andstandardized thus promoting safety.
Prompt investigation of accident for causesand remedies is necessary
At places of dangers mechanical safetyguards, safety clothing should be provided.
Fire alarms and fire extinguishers should beprovided at places.
Housing facilities:Housing facilities should be provided to the
worker which improve the relations between theemployer and employees.
Medical facilities:Organization provides dispensary, ambulance totheir employees to reduce accidents.
Financial assistance:The following welfare schemes improve theireconomic security to protect them from financialworries and safeguard their future.
P.F Saving deposit Group insurance Gratuity Pension Cooperative savings and loan association.
Safety inspections:
An inspection by trained individual or acommittee to detect evidence of possible safetyhazards is a very effective device to promotesafety.
Periodical safety:Here checklists are prepared of the points to
be covered and an inspection programme isplanned to deal with them at regular intervals.
Daily check:Supervisors can be required to make daily
checks of safety points in the departments undertheir control which should list the problemconditions and indicate the action to be takeneither by the supervisor himself, management orthe safety advisor.
SAFETY PROVISIONS
EXPLAIN ABOUT THE SAFETY PROVISIONS IN INDUSTRIAL ASPECTS?
Three Es of safety
Education: is regarded as the most importantcomponent of the Three E's. Educating thecommunity in fire and life safety skills is atop priority. Public fire safety educationprovides the tools and knowledge necessary indeveloping a positive change in attitudes towardfire and life safety behaviors. A positiveattitude fosters a proactive approach to firesafety and helps in preventing fire relatedinjury and loss. In our home and work placesfire safety education will give you the power tocreate a safer environment and save lives. Engineering: in fire prevention involvesconducting plan review and pre-occupancyinspections of all proposed development,construction, and major building remodels in theDistrict. This ensures that current codes areapplied to and met in all new occupancies beforeconstruction begins. This saves time and moneywhile ensuring all fire and life safety concernshave been addressed. The pre-occupancyinspections, during and after construct, ensuresthe proper installation and operation of allfire and life safety systems approved in theplan review process. Enforcement: encompasses the responsibility ofthe fire inspector to annually inspect existingbusinesses and properties for fire and lifesafety issues. Working with property and
business owners, fire inspectors can assist inidentifying and correcting fire and safetyrelated issues to aid in preventing,controlling, and mitigating the effects offires.Explain the manager responsibility towardsindustrial safety?
Planning, implementation, monitoring andanalysis of safety activities of the unit asper various statutory act/rules
Safety education, awareness and culturebuilding, designing and conducting variousaudio-visual safety training programmes forall employees
Periodical mock drills and planning foremergency preparedness
To ensure safe operating practices withreference to man/machine/material andenvironment
Implement various occupational health andsafety measures
Ensuring proper handling, storage anddisposal of hazardous materials
Ensuring high standards of electrical safetyand appropriate machine guarding.
Conduct risk assessment and safety audit. Environmental pollution control activities
To ensure that all health, safety,environment and security measured aremaintained at the concerned location
Rescue and investigation of accidents, and toreport and suggest preventive measures
Coordinate for testing examination ofpressure vessel hoist crane lifting tools,etc.,
Review of management and technical elementsof safety system
Monitoring of day to day safety operations,permit to work system, plant safetyinspection check list, group safety round,fire training.
Weekly plant safety inspection round alongwith each sectional head
CONTROL OF INDUSTRIAL ACCIDENT:Measures of Load Control:Assumption of responsibility by top management:
The attitude of the top management in anyfactory is the most significant factor indetermining the safety measures to be adoptedby the factory.
Top management must accept fullresponsibility and must apply a good share ofits attention to the task of accidentprevention.
Apart from legal obligation, the moralobligation of an employer to his employeesrequires that a reasonably safe workingenvironment be maintained.
Maintain accident records: Proper reports and records of accidents haveto be maintained by an organization in theprescribed manner.
The record contains complete informationabout an accident and death or disablement ofa worker or any other injury to him has to besubmitted to the government as per provisionof law.
An accident record contains the followingdetails:
The total numbers of employees are expectedto different types of accidents.
The date, time and clay and the shift duringwhich the accident occurred.
Recorded personal data of the injuredemployee
The kind of work or occupation in which theemployee was engaged.
Disciplinary action: To enforce plant rules governing safetyemployees are forced, laid off or even
discharged if they are found guilty of anyvibration.
Negative motivation is in the form ofpunishment.
Safety audit: Audit is an in depth analysis of facilities,management and employee, attitude towardssafety, managerial effectiveness inmaintaining safety with safety regulation.
Safety audit is essential for operatingeffectiveness.
Audit is comparable to inspection but differsordinary in intensity with which theexamination is conducted.
Maintain employee interest in safety: It would seem that workers instinct of selfpreservation would be enough to make themwant to participate in accident preventionprogramme.
It is paradoxical that workers have to beconstantly removed and encouraged to protectthemselves.
Industrial safety is both an end and a means.
PERSONAL PROTECTIVE DEVICES:Both the law and the moral duties of managementdemand that adequate, effective well designed
and acceptable protective equipments used tosafeguard the health and safety of employees.Head protection:
Prevent heat from the boilers and furnaces. Prevent from chemicals, gases, fumes, etc.
Various types of industrial helmets areavailable and they are to be selected and usedby the employees strictly.Ear protection:To prevent deafness, suitable incorporatingearmuff plus communication devices are to beused.
Eye protection: Glare and radiations as in the case ofwelding
Dust as in the case of carpentry and foundry. Chemical splashes in chemical industries.
Hand protection:Gloves, pads, arm shields and wrist bandsprovide protection for the arms and handsagainst any hazards. Hand protection is alsoprovided by barrier creams of various types andspecial hand cleaners.
Lung protection:
Face-masks, lights are sufficient to protectworkers against dust, non toxic sprays anddangerous gases.
Breathing apparatus which provides oxygen fornecessary for breathing.
Foot protection: Work place is more hazards not suitable forstanding or walking.
The workers must wear safety footwear whichwill protect their from injuries.
Organization provides special type of safetyshoes to avoid injuries.
In addition to the above personal protectivedevices, the employer should provide
Safety nets Safety signs Gas detectors Fire fighting equipments
INDUSTRIAL HEALTH AND HYGIENE- IMPORTANCEPROBLEMS
EXPLAIN ABOUT INDUSTRIAL HEALTH AND HYGIENE ANDITS VARIOUS IMPORTANCES, PROBLEMS?INDUSTRIAL HEALTHIntroduction:
The greatest activity over the past fewdecades, in so far as employees benefits areconcerned has occurred in the areas of health
and social security, industrial health ofcomparatively a new system of public health andpreventive medicine practiced among industrialgroups with specific object of improving theirhealth and preventing the occurrence of diseaseas well as injury to them.The W.H.O has defined the term health as “astate of complete physical, mental and socialwell-being and not merely the absence of diseaseand infirmity.”
Importance of industrial health As the large member of workers spend a greatdeal of their time in an organization, theirenvironment is not usually conducive to ahealth life.
Malnutrition, insanity and psychologicalconditions and the stress and strain underwhich they work is very injurious to theirhealth.
The symptoms of bad health are a high rate ofabsenteeism and turnover and indiscipline,poor performance and low productivity.
Hygiene is defined as the science of healthand its embraces all factors which contributeto healthy living
Industrial hygiene is defined as therecognition, evaluation and control ofworkplace hazards
Importance of hygiene: The origin was initially based on limitingpersonal exposures to chemicals and has sinceevolved to address the control of otherworkplace hazards including over-exposure tonoise, heat, vibration and repetitive motion. Itallows workers to work in healthy environmentand aims at maintaining good health among theworkersPersonal hygiene and the material environment:Personal hygiene: For all intents and purposes, keeping agood standard of hygiene helps in preventing thedevelopment and spread of infections, illnessesand bad odours the importance of personalhygiene should continually be brought home tothe industrial worker. All employees in afactory should become health conscious.Maintaining a personal hygiene is necessary formany reasons; these can be personal, social forhealth reasons, psychological or simply a way oflife.
Personal reasons: Many people, women inparticular, are very conscious of theirhygienic needs and practices. They learn theimportance of hygiene from an early age, fromschool education or as a way of makingthemselves more attractive to the oppositesex. Self esteem, confidence and motivation can all bechanged by our body image and by keeping good hygienepractices. Healthy hair, skin, teeth, and nails are signs of agood well balanced diet and can give us confidence in oureveryday life.
Social reasons: most people hate to be talkedabout, especially in a negative manner. Byensuring that our body is clean and wellpresented, there is possibility to project apositive body image that reflects goodpersonality. Workers should be taught the importanceof hygiene and how to achieve good hygiene very early tokeep themselves and others healthy, and to reduce the riskof illnesses at workplace
Health reasons: sometimes when a person isgoing to hospital, he/she becomes very awareof his/her hygiene. The thought of beingvulnerable and exposed to strangers can causethe person to become very strict on his/herhygiene needs. Proper and frequent handwashing is essential to prevent a plethora ofillnesses and disorder from developing.
Psychological issues: by being wellpresented, clean and tidy, people can feelmore confident, especially in socialsituations, psychological issues caninfluence our levels of confidence and selfesteem which can affect many aspects of ourlives.
Material environment: A healthy working environment must bemaintained in every factory. In thisconnection, proper ventilation is highlyimportant to keep the air fresh and free fromgerms. Fresh air and daylight are healthierthan the most careful air conditioning andartificial lighting. Extremes of temperatureand overcrowding weaken the natural resistanceof the body to infection. To reduce the riskof direct inflection, workers should be sospaced that they do not have to inhale eachother’s breath. Cleanliness in the shops isalso necessary to prevent the germs fromsettling in dust articles on walls, floors,machines.
CAUSES OF BAD HEALTH (OR) REASONS FOR BAD HEALTHThe main causes of bad health are
Defective nutrition Un-education Insanity
Inadequate medical and health organization Other causes.
Defective nutrition:The industrial worker does not get the
required calories of food to maintain his healthbecause he is low paid and cannot arrange forbetter nutritive value from the available means.
Un-education:Workers in India are uneducated and poor and
therefore they do not care much for theirhealth. They do not care about their healthconditions and importance of health. They caneasily addict bad habits i.e., drugs, alcohol,etc.
Insanity:Prevalence of insanity conditions in
industries in the main cause of bad industrialhealth. Basic facilities such as facilities ofcanteen, drinking water, ventilation, latrinesand urinals, etc. are not provides by most ofthe employers in India.
Inadequate medical and health organization:Existing medical and preventive health
organizations inadequate. The employees are
apathetic to the medical and health services tothe workers.
Other causes: Migratory character of workers. They daily goup and down to their villages.
Bad climatic conditions under which the workis performed.
Measures to improve health conditions:Following are some of the measures to improvehealth conditions.
Legislative measures Special advisory committee Education and training in industrial health. Regular medical checkup Control upon noise Control upon temperature
Legislative measure:The Government of India enacted several laborlegislations protecting the health of theindustrial workers.Such legislations are,
The Factories Act, 1948 The Mines Act, 1952 The Plantation Labor Act, 1961 The Coal Mines Act, 1952
The Employees’ State Insurance Act 1948.Under these acts several provisions are made toprotect the health of industrial workers fromthe occupational diseases.
Special advisory committee:A special advisory committee on industrialhealth has been set up under the Indian researchfund. Some of the problems investigated are
Effect of noise of workers Sickness and absenteeism Incidence of bad in toxicities, Assessment of toxicity of industrial dusts.
Education and training in industrial health: An industrial health and safety bulletin inbeing published regularly to educate theworkers.
A special course in industrial hygiene hasbeen introduced at All Indian Institute ofHygiene and Public health to train medicalpersonnel connected with industries.
The UP Government has established anIndustrial Health Organization.
Regular medical checkup:As suggested by National Commission of Labor,there should be regular medical checkup of all
new employees and regular periodic checkup ofall employees from time to time.This will help to
Defect and provide for remediable diseases. Eliminate those whose health of not fit forthe job.
Maintain the health of those who are healthy.
Control upon noise:High noise in the industries causes mentalfatigue, headache, irritation, lack ofconcentration to the workers. Organizationshould take necessary steps to reduce noise ofmachineries in the workplace to enhanceindustrial health.
Control upon temperature:Temperature of the factory premises should beoptimum. It should either be hot or cold.
HAZARDOUS PROCESSESThe constitution of Hazardous process is givenin The Schedule which forms part ofthe Factories Act, 1948. This schedule isdivided into two parts, namely Part A and PartB which are given below:THE SCHEDULEPART AHazardous Occupations
Any occupation concerned with: -1. Transport of passengers, goods or mails byrailways;2. Cinder picking, clearing of an ash pit orbuilding operation in the railway premises;3. Work in a catering establishment at a railwaystation, involving the movement of a vendor orany other employee of the establishment from theone platform to another or in to or out of amoving train;4. Work relating to the construction of arailway station or with any other work wheresuch work is done in close proximity to orbetween the railway lines;5. A port authority within the limits of anyport;6. Work relating to selling of crackers andfireworks in shops with temporary licenses;7. Abattoirs/Slaughter House;8. Automobile workshops and garages;9. Foundries;10. Handling of toxic or inflammable substancesor explosives;
PART BINDUSTRIES WHEREIN THE MANUFACTURING PROCESS AREHAZARDOUS1. Beedi - making.2. Carpet - weaving.
3. Cement manufacture, including bagging ofcement.4. Cloth printing, dyeing and weaving.5. Manufacture of matches, explosives andfireworks.6. Mica - cutting and splitting.7. Shellac manufacture.8. Soap manufacture.9. Tanning.10. Wool - cleaning.11. Building
STATUTORY REQUIREMENTS FOR HAZARDOUSMANUFACTURING PROCESS:Where in a factory a manufacturing process ofhazardous nature is carried on, the factoryshall compulsorily comply with sections 41Athrough 41H of the Factories Act, 1948. Thesesections are as follows:
Section 41A. CONSTITUTION OF SITE APPRAISALCOMMITTEES
Section 41 B. COMPULSORY DISCLOSURE OFINFORMATION BY THE OCCUPIER
Section 41C. SPECIFIC RESPONSIBILITY OF THEOCCUPIER IN RELATION TO HAZARDOUS PROCESSES
Section 41D. POWER OF CENTRAL GOVERNMENT TOAPPOINT INQUIRY COMMITTEE
Section 41E. EMERGENCY STANDARDS
Section 41F. PERMISSIBLE LIMITS OF EXPOSURE OFCHEMICAL AND TOXIC SUBSTANCES
Section 41G. WORKERS’ PARTICIPATION IN SAFETYMANAGEMENT
Section 41H. RIGHT OF WORKERS TO WARN ABOUTIMMINENT DANGER
OCCUPATIONAL HAZARDS:EXPLAIN ABOUT THE OCCUPATIONAL HAZARDS AND VARIOUS IMPACT FACTORS?
Every occupation has its own hazards. Oneshould take adequate and proper precautions tosave him/her. Workers of mine and other chemicalcompanies face acute problems of occupationalhazards. Companies should look into the safetyof their workersbeforehand. To have propersafety and precautionary measures againstoccupational hazards is the fundamental right ofall workers. The constitution of India givesimmense priority to the occupational hazards andits safety.
The constitution of India, as a part of thefundamental rights, has laid down that the Stateshall direct its policy towards protection ofchildhood and youth against exploitation andshall not be employed to work in any factory ormine or engaged in any hazardous employment. Theofficial statistics of 1983 based on a samplesurvey taken there are nearly 17 millionchildren employed in various industries belowthe age of 15 years. Children are to be found inalmost all sectors of urban and rural economies.
Children are engaged in almost all sectors incities, towns and the fringe areas in the hotelindustries, construction and chemical workshops,automobile repairing and fuel stations, slatepencil industries, slate industries, glassindustries, carpet industries, gem polishing,lock making industries, etc.
This list of the industries where childrenare employed is very long and it is not possibleto cover all the occupations.. However, it canbe said that in almost of the sectors of urbaneconomy children are employed. Many of theoccupations listed above are hazardous in natureand not suitable to these children .As such manyof them are detrimental to the physical andmental health of the children. So there is aserious concern of the Government and society
about those children who are working in suchhazardous occupations.
Hazard vs. riskHazard = capableof causing harmRisk = hazard+ probability Risk = hazard+ outrage
Types of occupational hazards: Physical hazards Chemical hazards Biological hazards Mechanical hazards Psychological hazards
OCCUPATIONAL DISEASESEXPLAIN ABOUT THE OVER VIEW ABOUT THEOCCUPATIONAL DISEASES IN HAZARDS PROCESS ?Occupational diseases are those arising out ofor in the course of employment. In other words,it is a health problem caused by exposure to aworkplace health hazards. Workplace should,thereof, be healthy for body and mind ofworkers.
The following work place health hazards cancause occupational diseases:
Dust, gases or fumes Noise Toxic substances Vibration Radiation Infectious germs or viruses Extreme hot or cold temperatures Extremely high or low air pressure
Types of occupational diseases: Lead poisoning: lead is a highly toxic metal.More industrial workers are exposed to leadthan to any other toxic metal. The harmfuleffects are caused by inhalation of the dustor fumes of lead and lead compounds. Earlysymptoms of lead poisoning are loss ofappetite, vomiting and stomach pains. Inchronic form, it results in headache,muscular and joint pains.
Phosphorous poisoning: yellow Phosphorous ispoisonous. It is used in the manufacture ofcertain types of explosives. It enters thebody in the form of fumes and has destructive
action on the bones, especially jaw. Earlysigns of phosphorous poisoning are toothableand pain in the jaw.
Mercury poisoning: mercury is a highlypoisonous substance and when inhaled, causestoxic effects. Long and continued inhalationof even small amount of mercury vapouraffects the brain. Absorption of mercurythrough skin causes eczema
Manganese poisoning: manganese dioxide ispoisonous. Inhalation and absorbtion of itsdust or fumes results in inflammation oflungs. Manganese miner, ferro-manganeseworkers and dry cell battery makers arelikely to be affected by it
Anthrax: this is a disease of animals. Menengaged in handling wool, hair bristles oranimal carcasses or their parts includinghides, hoofs and horns are likely to beaffected by it. The germs enter the skinthrough a cut or scratch on it. Woollencarpet makers, tannery workers and woolsorters should be careful about it.
Silicosis: it is caused by inhaling dustcontaining silica. Silica is present inrocks, clays, common sand and sandstones.Workers in potteries and ceramics, metal
grinding, refractories, slate pencil minesand similar such occupations are affected byit. It gradually eats away the lungs causingrespiratory trouble in the beginning and endsin spitting of blood and a painful death.This disease is incurable.
Asbestosis: it affects workers engaged inhandling and crushing of crude asbestosis andmaking of asbestos mattresses
Bagassois: it is an occupational disease ofthe lungs caused by inhalation of bagasse orsugar cane dust. The symptoms consist ofbreathlessness, cough, and slight fever. Thepreventive measures for bagassois are dustcontrol, personal protective equipment andperiodical medical examination
Skin disease: these disease are caused bysuch irritants as acids, solvents, bases andthe like.
Telegraphist’s cramp: Telegraphists sufferfrom the disease due to the degree ofaccuracy, speed of work and concentrationrequired for the job.
OCCUPATIONAL HEALTH PROBLEMS:In the long run, due to synergistic effect of
above mentioned chemicals in the presence ofexcessive heat and lack of ventilation, and
improper ergonomic condition, the majoroccupational health problems which can beexpected are many. Common acute occupationalillnesses observed are allergic skin diseases,allergic lung disorders, and irritation of eyeswith lacrimation, photophobia & conjunctivitis.Long working hours, exposure to excessive heat,low illumination, improper posture, overcrowdedworking space, continuous sitting in one posturecan cause health problems like pain in joints,body ache, fatigue and other muscle-skeletalproblems, resulting in stunted physical growth&development etc. over and above many workinduced psychological problems can’t be ruledout.
MENTAL HEALTHPROBLEMS
The very fine work requiring a high degree ofskill and constant attention leads in some casesto nervous illness manifesting itself in handtrembling and some times mental troubles.
NOTIFIABLE DISEASES:The Factories Act further declares certain
diseases which are particularly attributable tosuch industry or the manufacturing processcarried out in that particular industry.Sections 89 and 90 of the Act specify them asfollows:
Section 89. NOTICE OF CERTAIN DISEASES:(1) Where any worker in a factory contracts anydisease specified in the Third Schedule, themanager of the factory shall send notice thereofto such authorities, and in such form and withinsuch time as may be prescribed.
(2) If any medical practitioner attends on aperson who is or has been employed in a factory,and who is, or is believed by the medicalpractitioner to be, suffering from any disease,specified in the Third Schedule the medicalpractitioner shall without delay send a reportin writing to the office of the Chief Inspectorstating –
(a) the name and full postal address of thepatient,(b) the disease from which he believes thepatient to be suffering, and(c) the name and address of the factory in whichthe patient is, or was last, employed.
(3) Where the report under sub-section (2) isconfirmed to the satisfaction of the ChiefInspector, by the certificate of a certifyingsurgeon or otherwise, that the person issuffering from a disease specified in the ThirdSchedule, he shall pay to the medicalpractitioner such fee as may be prescribed, andthe fee so paid shall be recoverable as anarrear of land revenue from the occupier of thefactory in which the person contracted thedisease.
(4) If any medical practitioner fails to complywith the provisions of sub-section (2), he shallbe punishable with fine which may extend to onethousand rupees.
(5) The Central Government may, by notificationin the Official Gazette, add to or alter theThird Schedule and any such addition oralteration shall have effect as if it had beenmade by this Act.
LIST OF NOTIFIABLE DISEASES:1. Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae.2. Lead tetra-ethyl poisoning3. Phosphorus poisoning or its sequelae.4. Mercury poisoning or its sequelae.5. Manganese poisoning or its sequelae.6. Arsenic poisoning or its sequelae.7. Poisoning by nitrous fumes.8. Carbon disulphide poisoning.9. Benzene poisoning, including poisoning by anyof its homologues, their nitro or amido derivatives or its sequelae.10. Chrome ulceration or its sequelae.
OCCUPATIONAL DISEASESOccupational diseases are the results of
physical conditions and the presence ofindustrial poisonous and non poisonous dust inthe atmosphere. Raw materials, products, byproducts, and waste products may enter the bodyto endanger the health of the workers.
Silicosis It is caused by inhaling dust particles ofsilica.
A stone, ceramics contains silicon.
Bagassosis It is an occupational disease of the lungscaused by inhalation of sugarcane dust.
The symptoms consist of breathlessness, coughand fever.
Mercury poisoning Mercury is highly poisonous and when inhaledcauses toxic effect.
The workers continued inhalation of evensmall amount of mercury vapor affect thebrain and skin causes eczema.
Anthrax This is a disease from animals The germs enter the skin through a cut orscratch on it.
Woolen carpet makers, tanner workers aremostly affected by the diseases.
HAZARDS IN INDUSTRYThe various hazards in industry are
Fire hazards Electrical hazards
Fire hazards:Fire hazards may occur due to presence of
inflammable material and combustible materialsvery near to the industry. Short circuit of
wires is another cause of fire accidents. Thiscan be avoided by checking all electrical wiringperiodically to ensure that they are in perfectcondition.However fire-fighting equipment must be keptready at suitable places to meet any eventually.
Electrical hazardsThese hazards are due to electrical apparatus.So all the electrical machinery and equipmentshould be kept in good condition and maintainproperly to avoid electrical hazards.
CODE OF SAFETY REGULATIONS IN INDIA:A tripartite technical conference organized by
the I.L.O in 1948 formulated a ‘model code’ ofsafety regulation for industrial establishmentsfor the guidance of government and industry.Rule 82 of this code specifically deals withguarding machinery, according to the code, theguards should be properly designed constructedand used so that they will;
Provide positive protection Prevent all access to the danger zone Cause the operator no discomfort orinconvenience
Not interfere unnecessarily with production Operate automatically or with minimum effort.
NEW TECHNIQUES IN ACCIDENT PREVENTION:ErgonomicsDamage control
Ergonomics:The word “ergonomics’ means literally “the
principles of work”. It is a word used inBritain to describe the study of that whichlifts a machine or process to its operator. amachine being made with man in mind. It aims toenable men to work with optimum physical andmental comfort and to use his special senseswith the best effect. In the USA, the term“human engineering” has been introduced. This isa natural consequence and is concerned with therelationship of engineering with psychology.
Damage control:The basis of damage control or damage costing
is that non-injury accidents are as important ormore so-than injury ones. The elimination ofnon-injury accidents removes the others. Forexample, a brick falls and just messes a manbelow, no injury results and no accident isrecorded. The next brick to fall injures a man.This is recorded. The elimination of the causeof the first brick falling would have preventedthe injury when the second one fell. The
industrial policy resolutions, five year plans,annual national budget, etc., have also givenemphasis on tackling labor problems. Howeverindustrial relations problems have attainedwider dimensions in recent years than everbefore.
PSYCHOLOGICAL PROBLEMS -COUNSELING:EXPLAIN ABOUT PSYCHOLOGICAL PROBLEMS AND COUNSELING IN INDUSTRIAL SAFETY?EMPLOYEE COUNSELLING:Introduction:
Emotions are part of the nature of humanbeings and emotional upsets are part of theirlife. The emotional problems affect the interestof the employee himself and the organization inwhich he is working for. The problems may reducetheir productivity morale and increaseabsenteeism. Hence the managers should takesteps to maintain a reasonable emotional balanceof their employees and channelize their emotionson the constructive lines.Counseling is a method of understanding andhelping people who have technical, personal andemotional or adjustment.
Definitions:
“The task of counseling is to give the clientan opportunity to explore discover and clarityways of living more resourcefully and towardsgreater well being.” - British Association of CounselingMeaning:
Counselling can be described as a dialogue inwhich one person practically helps another inhis difficulty. It is the communication offeelings, emotions, between the counselor andthe client.Counseling is discussion of a problem thatusually has emotional content with an employeein order to help the employee cope with itbetter.
Objectives of counseling: Provide empathic atmosphere of genuineconcern about his difficulties, tensions,worries, problems, etc., so that he canfreely discuss and share his views withcounseling.
Gain an insight into the dynamics of hisbehavior by providing necessary feedback.
Increase his personal and interpersonaleffectiveness by assisting him in analyzinghas interpersonal competence.
IMPORTANCE OF COUNSELLING: Counseling is an effective way to helpsomeone with their personal problems.
It enables people to think for themselves andtake right decisions.
It is in tune with the changing attitudestowards authority.
Counseling reduces absenteeism and laborturnover.
Ability to learn from mistakes and experience
TOPIC FOR COUNSELLING: Disturbance in family relationship. Dissatisfaction with the present job. Diseases, illness or of ill health. Disturbance or breakdown in relations withpeers and supervisors.
Disability in measuring up to companyrequirements.
COUNSELLING PROCESS:The counselling process normally consists of thefollowing stages.
Rapport process Exploration Action planning
Psychological Counseling as a psychologicalspecialty is about usually one-on-one engagement
between a trained counsellor, and a client. Interms of its formal instantiation, its remitmay involve facilitatating personal andinterpersonal functioning across the life spanwith a focus on emotional, social, vocational,educational, health-related, developmental, andorganizational concerns. Through the integrationof theory, research, and practice, and withsensitivity to multicultural issues, thisspecialty encompasses a broad range of practicesthat help people improve their well-being,alleviate distress and maladjustment, resolvecrises, and increase their ability to live morehighly functioning lives.
A key distinction to draw is betweencounselling psychology, and the modern versionsof psycho-dynamic counselling. Though closelyrelated to clinical psychology, counselingpsychology differs from that field in a severalsubtle ways. First, counseling psychologiststypically focus on less severe psychopathology(e.g., depression and anxiety), while clinicalpsychologists deal with more seriously disturbedindividuals (e.g., those with schizophrenia orpersonality disorders). In the UK, however,there is less distinction between the types ofcases that clinical and counseling psychologistswork with. The difference is emphasized more in
how they work with an individual. Second,counseling psychologists are more likely thanclinical psychologists to assume a client-centered or humanistic theoretical approach.Finally, counseling psychology is unique in itsattention both to normal developmental issues aswell as the problems associated with physical,emotional, and mental disorders. Despite thesedifferences, counseling and clinical psychologyare becoming increasingly indistinguishable,leading some to suggest that these fields becombined.
Councelling Methodology:Counseling psychologists participate in a
range of activities including teaching,research, psychotherapeutic and counselingpractice, career development, assessment,supervision, and consultation. They employ avariety of methods closely tied to theory andresearch to help individuals, groups andorganizations function optimally as well as tomediate dysfunction/issues. Interventions may beeither brief or long-term; they are oftenproblemspecific and goal-directed. Theseactivities are guided by a philosophy thatvalues individual differences and diversity anda focus on prevention, development, andadjustment across the life-span which includes
vocational concerns. Counseling Psychology is apsychological specialty facilitates personal andinterpersonal functioning across the life spanwith a focus on emotional, social, vocational,educational, health-related, developmental, andorganizational concerns. Through the integrationof theory, research, and practice, and with asensitivity to multicultural issues, thisspecialty encompasses a broad range of practicesthat help people improve their well-being,alleviate distress and maladjustment, resolvecrises, and increase their ability to live morehighly functioning lives.
Employment settings: Counseling psychologistsare employed in a variety of settings dependingon the services they provide and the clientpopulations they serve. Some are employed incolleges and universities as teachers,supervisors, researchers, and service providers.Others are employed in independent practiceproviding counseling, psychotherapy, assessment,and consultation services to individuals,couples/families, groups, and organizations.Additional settings in which counselingpsychologists practice include community mentalhealth centers, Veterans Administration MedicalCenters and other facilities, family services,health maintenance organizations, rehabilitation
agencies, business and industrial organizationsand consulting within firms.
TYPES OF PROBLEMS FOR EMPLOYMENT COUNSELLING:A manager has to deal with various types of
problems in dealing with his subordinates,employees and particularly problem employees.Once an employee turns to be a problem employee,the employer has mainly two options viz., repairand turnover or replace. Some important problemsare discussed below.Injustice or ill – treatment:
Injustice or ill treatment makes considerableimpact on their minds, resulting inbehavioral problems.
As far as possible such incidents must beavoided.
First the aggrieved employee is counseled andrectifications are promised at a later date.
Pre-married anxieties and sexual perversion: Premarital anxieties are common in many youngemployees
Once the marriage is fixed and the person isengaged his anxiety increases.
There are possibilities for sexual provisionsin not only young employees but even inmarried employees.
There are some employers feels guiltyconscious due to sexual provisions.
Alcoholism:Alcoholism account for the most important
cause for absenteeism. Alcoholism affectsindustries in many ways, loss of man-day, lossof efficiency, adverse effect on interpersonalrelationship and adverse effect on their family.Many traffic accidents are caused by alcoholabuse.
Causes of alcoholism: Hereditary drinking Executive culture. Stress. Physiological reasons. Broken family set up. Environmental influence.
Problem of addiction: Addiction is a very dangerous problem whichtorments the social and work environment oftoday.
Many people are addicted to alcohol, drugs,television, sexual immortality, smoking overeating, and gambling and so on.
Some people are spending their money, wealthfor their affected habits.
Psychologists and counselors are taking hardeffort to care the employees.
Low job satisfaction and morale: Low job satisfaction leads to low morale andvice versa.
Wages have been found to be the basicdetermination of job satisfaction.
Job satisfaction has a considerable relationwith the promotion possibly.
Counseling helps in building up a fair andopen and trust worthy environment. Counselingis a collaborative process that involves thedevelopment of a unique, confidential helpingrelationship. The Counselor acts as afacilitator in helping clients to understandfeelings, behaviours, relationship withothers, situations, choices and decisions
Types of counseling: Direct Counseling: in direct Counseling, theCounselor takes an active part in bringingabout an understanding or solution to aproblem. He does not give the person thesolution, but rather directs him towards asolution. There are times and places wheredirective counseling gets better results.
Non-direct Counseling: the non- directiveCounseling is difficult because it does not
allow for advice, argument, leture or cross-examination. Non directive Counseling demandsthat the Counselor be secure and well-adjusted himself, be a good and interestedlistener, and capable of using a languageappropriate to the occasion. Here, thecounselor establishes necessary rapport withhis client.
Work place Counseling: Adlerian Counseling: it involves the beliefthat human interest in the social aspects oflife is a prime motivator for many behaviors
Behavioral and cognitive behavioralapproaches: it hold that all behaviors arelearned, faulty thinking leads toinappropriate behavior and old behaviors canbe replaced by learning new behaviors
Existential Counseling: it focuses on themeaning of life and human responsibility andfreedom of choice for deciding their fate.
Gestalt therapy: it focuses on the importanceof being whole and tries to understand howearlier events affect present problems andstresses
Person-centered Counseling: it holds that allhumans are basically good and trust worthyand tend towards growth awareness and trustin self
STATUTORY PROVISIONSEXPLAIN ABOUT THE STATUTORY PROVISIONS IN IRWITH LEGAL ASPECTS? STATUTORY PROVISIONS:
The Factories Act, 1987, was brought intoforce with effect from 1st December 1987. Thisnew legislation has brought in some drasticchanges n the Factories Act, 1948 and has givenit a new complexion. The new legislation nowconcerns not only with the welfare and safety oflabor inside the factories, but also of theneighbors living in the vicinity and environmentthereof.
Some of the important provisions of theamendments are:
The new section 7-A of the Act lays down thatevery occupier shall ensure, so far as ispossible, the health, safety and welfare atwork of all workers while they are at work inthe factory.
Section 7-B of the Act, lays down everyperson who designs, manufactures, imports or
supplies any article for use in any factory,shall ensure, so far as is reasonablypracticable, that the article is so designedand constructed as to be safe and withoutrisks to the health of the workers.
Under section 41-E, the Central Governmentmay lay down emergency standards of safety inhazardous processes and also measures fortheir enforcement.
Section 41-D authorizes the centralGovernment to appoint an inquiry committee toinquire into the standards of health andsafety observed in the factory and for theprevention and recurrence of anyextraordinary situation in future orelsewhere.
EDUCATIONAL SCHEME:Health provisions under the Factories Act:Cleanliness:
Section 11 of The Factories Act ensures thecleanliness in the factory. It must be seen thata factory is kept clean and it is free fromeffluvia arising from any drain, privy or othernuisance and various measures have beenstipulated in the above said section
Disposable of waste and effluents:
Every occupier of a factory, as per rules,shall make effective arrangements for thetreatment of wastes and effluents due to themanufacturing process carried on in the factoryso as to render them innocuous and for theirdisposal.
Dust and fumes: There are certain manufacturingprocesses like chemical, textile or jute etc.,which generates lot of dust, fume or otherimpurities. It is injurious to the health ofworkers employed in such manufacturing process.Lighting:
Every part of a factory where workers areworking or passing there shall be provided andmaintained sufficient and suitable lighting,natural or artificial or both.
Latrines and urinals:In every factory sufficient latrine and
urinal accommodation of prescribed types shallbe provided for men and women separately. Allsuch accommodation shall be maintained in aclean and sanitary condition.
SAFETY PROVISIIONS UNDER THE FACTORIES ACT:
Fencing of machinery:
In every factory every moving part of a primemover and every flywheel connected to a primemover shall be securely fenced by safeguards ofsubstantial construction which shall beconstantly maintained and kept in position whilethe parts of machinery they are fencing are inmotion or in use.
Work on or near in motion:If any factory it becomes necessary to
examine any part of machinery, while themachinery is in motion such examination oroperation shall be made or carried out be onlyby a specially trained adult male worker wearingtight fitting clothing.
Casing of new machinery:All machinery driven by power and installed
in any factory shall be encased or otherwiseeffectively guarded as to prevent danger.Hoists and liftsEvery hoist and lift shall be of good mechanicalconstruction, sound material and adequatestrength and it shall be properly maintained andshall be thoroughly examined by a competentperson, once in every six months.
Lifts, machines, chains, ropes and liftingtackles:
Every lifting machine and every chain, rope andlifting tackle shall be of good construction,sound material and adequate strength and freefrom defects and it shall be property maintainedand it shall be thoroughly examined once in 12months by a competent person.
WELFARE PROVISIONS IN THE FACTORIES ACT:
Washing facilities:In every factory adequate facilities for
washing shall be provided and maintained for theuse of the workers. Separately and adequatelyscreened facilities shall be provided for theuse of male and female workers.
Facilities for sitting:In every factory suitable arrangements forsitting shall be provided and maintained for allworkers obliged to working a standing position,in order that they take advantage of anyopportunities for rest which may occur in thecourse of the work.
First aid appliances: Every factory shallmaintain and provide one first aid box withprescribed contents for every 150 workers and itshall be in charge of a responsible person who
holds a certificate in first aid treatment,recognized by State Government.Canteen: The State Government may make rulesrequiring that in any specified factory whereintwo hundred and fifty workers are ordinarilyemployed, a canteen or canteens shall beprovided and maintained by the occupier for theuse of the workers.
Crèches:In every factory where more than thirty womenare ordinarily employed there shall be providedand maintained a suitable room or rooms for theuse for children under the age of six years ofsuch women.
Welfare officers:In every factory wherein five hundred or moreworkers are ordinarily employed the occupiershall employ in the factory such number ofWelfare Officers as may be prescribed.
WORKING HOURS FOR ADULTS:Weekly hours:No adult worker shall be required or allowed towork in a factory for more than forty eighthours in any week.
Weekly holidays:
No adult worker shall be required or allowedto work in a factory on the first day of theweek unless he has or will have a holiday for awhole day on one of the three days immediatelybefore or after the said day.Compensatory holidays:
In case of exempting a factory from the abovesaid provision, the worker shall be providedwithin the month, compensatory holidays of equalnumber to the holidays so lost.
Restriction on double employment:No adult worker shall be required or allowed
to work in any factory on any day on which hehas already been working in any other factory,save on prescribed circumstances.
Register of adult workers:The managers of every factory shall maintain
register of adult workers, to be available tothe inspector at all times during working hoursor when any work is being carried on in thefactory.EMPLOYMENT OF YOUNG PERSONS:Prohibition of employment of young children:No child who has completed his fourteenth yearshall be required or allowed to work in anyfactory.
Non adult workers to carry tokens:A child who has completed his fourteenth year
or an adolescent shall not be required orallowed to work in any factory unless he ispossession of a token, referring to acertificate of a fitness issued and in thecustody of manager.Working hours for children:No child shall be employed or permitted to work,in any factory
For more than four and half fours in any day During night
Further no child shall be required or allowed towork in any factory except between 8 A.M and 7P.M.
*****END OF UNIT – IV *****References:
Dynamics of Industrial Relations by Mamoria Industrial relations and labour welfare by subarao
UNIT – V
CHILD LABOUREXPLAIN THE VARIOUS CONCEPTS OF CHILD LABOUR ANDSHOULD WE PREVENT THE CHILD LABOURS FROM INDUSTRIES?
Learning ObjectivesAfter going through this unit you should be in aposition to explain the following terminologies:
Child labour – Constitutional Rights Child Labour Technical Advisory committee National Child Labour Project Contract Labour
CHILD LABOURIntroductionThe rights of a child are protected undervarious legislations including a mention of themin the Constitution of India.
Constitutional Rights of a Child:Article 21 A of The Constitution of India, 1950
Right to Education:The State shall provide free and compulsoryeducation to all children of the age of 6 to 14years in such manner as the State, by law, maydetermine
Article 24:Prohibition of employment of children infactories, etc. No child below the age fourteenyears shall be employed in work in any factoryor mine or engaged in any other hazardousemployment
Article 39:The State shall, in particular, direct itspolicy towards securing:-
That the health and strength of workers, menand women, and the tender age of children arenot abused and that citizens are not forced byeconomic necessity to enter avocations unsuitedto their age or strength
Laws pertaining to the prohibition of Child Labour: 1. Children (Pledging of Labour] Act (1933)2. Employment of Children Act (1938)3. The Bombay Shop and Establishments Act (1948)4. Child Labour (Prohibition and Regulation Act)19865. The Indian Factories Act (1948)6. Plantations Labour Act (1951)7. The Mines Act (1952)8. Merchant Shipping Act (1958)
THE CHILD LABOUR (PROHIBITION AND REGULATION)ACT, 1986The Act came into force from 23rd December 1986.Its main objectives are to prohibit theemployment of children in certain categories ofindustries and to regulate the conditions ofwork of children in certain industries. It wasamended in 1988.
(1) ScopeThe Act is applicable to all establishments suchas workshop, farm, residential hotels,restaurants, eating houses, theatre or otherplaces of public amusement where child labour islargely employed. The Act extends to the wholeof India.
(2) Main Provisions of the Act(1) Prohibition of employment of children incertain occupations and processes:(2) No child can be employed, or permitted towork in nay of the occupations set forth in PartA of the Schedule or in any workshop wherein anyof the processes set forth in Part B of theschedule is carried on.
THE COVERAGE OF THE NCLP SCHEME HAS INCREASEDFROM 12 DISTRICTS IN 1988 TO 100 DISTRICTS INTHE 9TH PLAN TO 250 DISTRICTS DURING THE 10THPLAN.
Strategy for the elimination of child labourunder the 10th Plan:
An evaluation of the Scheme was carried outby independent agencies in coordination withV.V. Giri National Labour Institute in 2001.
Based on the recommendations of the evaluationand experience of implementing the scheme since1988, the strategy for implementing the schemeduring the 10th Plan was devised. It aimed atgreater convergence with the other developmentalschemes and bringing qualitative changes in theScheme. Some of the salient points of the 10th PlanStrategy are as follows:
Focused and reinforced action to eliminatechild labour in the Hazardous occupations by theend of the Plan period.
FEMALE LABOURWHAT IS THE ROLE OF FEMALE LABOUR IN THE INDUSTRY?The statistics are shockingWhile male participation is high, female labour force participation (FLFP) has been dropping at an alarming rate. According to data from National Sample Survey Organisation (NSSO), FLFPfell from a high point above 40 per cent in the early-to-mid 1990s to 29.4 per cent in 2004-05, 23.3 per cent in 2009-10 and 22.5 per cent in 2011-12.
Using different data, a report by the
International Labour Organization (ILO) found that by 2009-10, India's FLFP was ranked 11th from the bottom out of 131 countries.
This low average masks considerable variation between rural and urban areas. In 2009-10, when overall FLFP was 23.3 per cent, it was 26.5 per cent in rural areas and incredibly low in urban areas at 14.6 per cent.The economic boom unleashed by liberalisation has bypassed many of India's women. Even worse: with rapid growth, it appears that women have been dropping out of the workforce in large numbers rather than joining up.
Why are women dropping out?Research suggests it's driven by both the demandand supply side of the labour market. On the supply side, economists have long noted a U-shaped relationship between years of education and FLFP, not just in India but elsewhere.
FEMALE LABOR: A small portion of about 2 millionwomen workers are employed on the organizedsector. Home workers, such as garment workers,beedi rollers, agarbathi maker, weavers, match
industries, textile industries even domesticservants are particularly valuable group in theunorganized sector.
Generally home workers are getting poor wagesin India. The I.L.O for national legislation inall countries where sufficient number of homebased women workers are employed, guaranteeingtheir basic rights inters of working conditions,wages and welfare including social security.
In India three different labor legislationswhich have made separate provisions for health,safety, welfare and working hours of femalelabor in factories, mines, plantations and otherindustries and commercial establishments.
STATUTORY PROVISIONS FOR WOMEN WELFARE:The legislative Provisions for the protectionand welfare of women workers are largelyinspired by the I.L.O conventions on.
Maternity Provisions 1919 Night Work 1919. Underground work 1935. Equal Remuneration 1951 and Discrimination (Employment and Occupation)1958.
The other legislative measure for women relateto certain restrictions on the lifting ofweight, employment in hazardous occupations,
provisions for separate toilet facilities, restrooms, creches, etc.
FACTORIES ACT:It provides for the licensing, registration
and inspection of factories is meant to protectthe interests of workmen to ensure for thembetter conditions of work and prevent employeesfrom taking advantage of that weak barganiningpower.
COAL MINES ACT, 1952:It authorizes the central Government to take
such measure as it deems proper or necessary forthe maintenance of safety in coal mines or forthe conservation of coal.
PLANTATIONS:The Plantation Labor Act 1951 regulates the
conditions of work of plantation workers andprovide for their welfare. The Act applies totea, coffee, rubber and may be applied by StateGovernments to other plantation also.
EMPLOYMENT OF WOMEN (SEC 22, 27, 48, 51, 54, &66):A female worker is exempted from the followingprovisions.
She is not allowed to work near a machineryin motion (sec. 22)
In a factory where more than 30 adult femaleworkers are employed crèches must beprovided. (sec 48)
A woman shall not be required or allowed towork in a factory for more than 48 hours in aweek. Women workers are not allowed to workonly between 6 am and 7 pm. No female workershall be asked to work between 10 pm and 5am.Certification of fitness is also required forfemale adolescent. (sec 51 to 66).
CONTRACT LABOUREXPLAIN ABOUT THE CONTRACT LABOUR ACT AND VARIOUS CONTRACT LABOURS IN DIFFERENT INDUSTRY?ORGANIZED AND UNORGANIZED LABOR LEGISLATION:Organized labor: Organized labors are theworkers in a company, transport, building maker,railway and electricity. They can join asmembers in a union and can voice out theirfundamental right, if it is not given to them bythe management.Unorganized labor: They are the workers in anysmall concern they wish to be in. they do nothave the rights as an organized labor.e.g., load man, agricultural labor, constructionlabor.Differences between organized labor and unorganized laborNature of Organized labor Unorganized labor
differencesPlace of work Constant at
regular placeInconstant ofirregular place.
Membership. Can join in aunion.
Can join in anyunion.
Recognition. They arerecognized as alabor
No negotiation tothem as a labor
Retirement. Are limit forretirement
No age limit.
Age Complete the age18 years
No age limit
Benefit as peract.
They can get allbenefit.
No benefit forthem
Security of job. Fully secured. No security.Contract labor:
In many industries in India, the system ofcontract labor appears to be firmly entrenchedwhile the exigencies of the last war seem tohave only accentuated this tendency.The principal industries in which contract laboris largely employees are mining constructionworks, engineers, public works departments,cotton textile industry, dock labor boards,cement, paper, coil matting.
The system of employment of contract laborlent itself to various abuses with a view toremoving the disabilities of contract labor, abill for regulation and abolition of employment
of contract labor was introduced in the Loksabhaon 31st July 1967. And thus emerged thelegislation.
THE CONTRACT LABOR (REGULATION AND ABOLITION)ACT 1970):The main features of the Act are:
The legislation is applicable to everyestablishment in which 20 or more workers areemployed or were employed in any day for thepreceding 12 months as contract labor.
The every contractor who are employers or whoemployed on any day of the preceding 12months or more workers.
The registration of Principal employers andlicensing of contractors.
Setting up of advisory boards of tripartitecharacters to advise the appropriateGovernments in the administration of thelegislation.
Abolition of contract systems as providedunder sec 10 of the Act.
Welfare of contract labor:A contract is required to provide
A canteen in every establishment employing100 or more workers. (sec 16).
Rest rooms or other suitable alternativeaccommodation whereas labor is required to
halt at night in connection with the work ofan establishment. (sec 17)
A sufficient supply of wholesome drinkingwater, a sufficient number of latrines, andurinals of prescribed types and washingfacilities. (sec 18)
First-aid-box equipped with the prescribedcontects rreadily accessible during allworking hours. (sec 19).
Payment of wages:The payment of wages and deducting of any
shall be made by the contractor accordance withthe provisions of the payment of wages act. Theemployer is required to nominate an authorizedrepresentative to be present at the time of thedisbursement of wages and also to certify theamounts paid as wages by the contractor. Underthe act it is the responsibility of theprincipal employed to pay the unpaid wages ofcontract labor in case the contractor fails topay the same or makes short payment (sec 21)The act is implemented both by the centre andstates. In the central sphere contract labor hasbeen prohibited for certain specified operationsin cola, iron ore, limestone, dolomite andmanganese mines and in buildings owned oroccupied by establishments under the centralgovernment.
Prohibition of contract labor: Whether the conditions of work and benefitsprovided for contract labor in theestablishment are satisfactory.
Whether the work is incidental or necessaryfor the business of the establishment.
Whether it is of a perennial nature, that isto say, whether it is of sufficient duration.
Whether it is done ordinarily through regularwork man.
Whether it is sufficient to employ aconsiderable number of whole-time workmen.(sec 10).
CONSTRUCTION LABOUREXPLAIN ABOUT THE CONSTRUCTION OF LABOUR WELFARE?(A) “Act” means the Contract Labour (Regulation and Abolition) Act, 1970;(b) “Appellate Officer” means the Appellate Officer appointed by the Central Government under sub-section (1) of Sec. 15;(c) “Board” means the Central Advisory Contract Labour Board constituted under Sec. 3; CONSTRUCTION LABOR:
Construction industry employs around threemillion workers and the nature of work is
considered hazardous. Large number of unskilledand semiskilled labor both male and female isemployed on various form of building operationsand road constructions.This labor is extremely mobile in nature due tothe conditions and problems of employment in theconstruction industry.Some characteristics of this category are
Instable employment and high mobility. High proportion of female and child labor Illiteracy, ignorance, poverty and poorhealth
Lack of opportunity for training.
AGRICULTURAL LABOURBREFILY EXPLAIN ABOUT AGRICULTURAL LABOURS?Classification of Agricultural Labourers:
Landless Labourers, who are attached to theland lords
Landless labourers, who are personallyindependent, but who work exclusively forothers
Petty farmers with tiny bits of land whodevote most of their time working for othersan
Farmers who have economic holdings but whohave one or more of their sons anddependants working for other prosperousfarmers
AGRICULTURAL LABOR:Agriculture is the main source of livelihood
for a majority of the population o finial. RuralLabor Force constitutes 70 % of the total workforce in the country. Landless Agriculturalworkers significantly increased by more than 20million during the last decade.
According to the national commission labor“Agricultural labor is one which is basicallyunskilled and unorganized and has little for thelivelihood other than personal labor”.
The Minimum Wages Act 1948 and the TradeUnion Act 1926, are applicable to agriculturallabor. Agricultural farms run commercial linesare also covered Provident Fund andMiscellaneous Provisions Act 1952 is applicableto agricultural labor engaged in specifiedplantations.
The rural labor enquiry was conducted between1963-65 through the national sample survey. Datawas collected on consumption, expenditure,income, employment, unemployment, earnings ofrural labor households. The field work of thesecond rural enquiry was completed in June 1975.The data are under scrutiny. Labor Bureaubrought out the summary report of the rurallabor enquiry 1974-75 which contains provisional
results on all India bases in respect ofselected economic indicators.
DIFFERENTLY ABLED LABOURHANDICAPPED AND DISABLED WORKMEN:A handicapped person is one who is having someshortcoming or informity which detracts a personfrom being a normal human being.Handicapped may be divided into differentcategories viz.,
Physically handicapped Mentally handicapped Socially handicapped Aged persons.
United Nations General Assembly has declare 1981as the international year of the Disable Persons(IYDP) and laid down the following objectives.
Helping disable persons in their physical andpsychological adjustments to society
Promoting all national and internationalefforts to provide disabled persons withproper assistance, training care and guidanceto make available opportunities forintegration work and to ensure their fullintegration in the society.
Promoting effective measures for preventationof disability and for the rehabilitation ofdisabled persons.
DISABLEMENT BENEFIT:
A person who sustains disablement for notless than 3 days, is entitled to periodicpayment (at the rate of 40% more than thestandard benefit rate which of Rs. 14 or moredepending upon his wages).
A person who sustains permanent disablementwhether total or partial is entitled toperiodical payment at such percentage of benefitpayable in the case of disablement as ofproportionate to the percentage of loss ofearning capacity. (sec 51).
BPO & KPO LABOURBPO AND KPO EMPLOYEES:
Introduction:Outsourcing is any task, operation, job or
process that could be performed by employeeswithin your company, but is instead contractedto a other party for a significant period oftime. Hiring a temporary employee while yoursecretary is on maternity leave is notoutsourcing. In addition, the functions that areperformed by the other party can be performedon-site or off-site. The most common model ofoutsourcing that is in the news today refers tojobs that are being sent over seas to countrieslike India or China. This is more commonlycalled off shoring. Examples include telephone
call centers, tech-support and computerprogramming.Outsourcing has been around as longas work specialization has existed. Customizedoffshore outsourcing solutions have created theneed of established Business Process Outsourcing(BPO) methodologies.
Communication and information technologyindustry is an important enabler in enhancingproductivity. The structure and functions of ITindustries are largely different than theconcentional organizations which demand adifferent rule of the game to manageeffectively.The major human resource function in ITorganizations is basically the 3B’s.
Buying talents. Borrowing talents and Building talents.
In the changing business scenario, theevolving nature of the organizations along withfailures, downsizing, merging and acquisitions,maintaining organizational productivity callsfor the better strategic planning efforts by thehuman resource (HR) professionals.In India, attrition rate in IT companies is evenhigher, because the organization not only losestheir valuable resource horizontally butvertically also.
Causes of high attrition rate: Computer Vision Syndrome (CVS): This problemis all set to become the source of the ITindustries, besides reducing the performanceof a person by a whopping 37%. CVS is knownto have caused physical and psychologicaldisorders in computer users.
Stress is another problem in this line ofwork.
Lack of time due to frequent travelling andhectic schedule and also major problems inthis field.
Due to a wide age group gap among thepersonnel, there are serious adjustmentproblems on the family.
IT professionals get at home and society iscreating an inferiority complex among othersiblings and causing many psychologicalproblems on the family.
Hweit2002 IT industry Human Resource Assessmentinclude the following policies and practices.
Work Environment:A majority of the employers in the IT industryshare information mainly to keep employeesinformed about their business.Rewards and recognition:
The stated philosophy of many organizations isto attract, retain and motivate the besstavailable talent.
Health and Well being:IT companies generally provide comprehensive
medical coverage for their employees, with mostorganizations focusing on giving wide coverageto all employees.
Time work and life:A variety of dependent care assistance
programmers, convenience services, amenities andalternative work arrangements are provided byhigh tech firms.
Employees cash and benefits practices:Housing accounts for a percent to 13 percent
of employees’ total cost to company on the ITindustry. Many IT organizations offer a choicebetween HRA and Company leased Accommodation(CCA).Company leased cars are an extremely popularemployee benefit in the IT industry. Credit cards ae provided to almost all employeesin the IT industry.
FACTORIES ACT:
The Factories Act 1948 came into force intoforce on 1st April, 1949. It was enacted, with aview to removing a number of defects, revealedin the working of the Act of 1934, the Act of1948 not only consolidates but also amends thelaw regulating labor in Factories. It extends tothe whole of India. Section 116 provides that,unless otherwise provided, this Act also appliesto factories belonging to the Central or anyState Government.
Object of the Act:The object of this Act, is to secure of
health, safety, welfare, proper working hours,leave and other benefits for workers employed infactories. In other words, the act is enactedprimarily with the object to regulate theconditions of work in manufacturingestablishments coming within the definition ofthe term “factory” as used in the Act.
General Scheme of the Act:The Act is divided into 11 Chapters and containsone schedule.
Chapter I deals with ‘PreliminaryInformation’ like the title, extent andcommencement of the Act; references to time ofday; power to declare different departments tothe separate factories or two or more factories
to be single factory; approval of licensing andregistration of factories; and notice byoccupier (Sections 1 to 7).
Chapter II deals with the ‘Inspecting Staff’,viz., Inspectors, their pores certifyingSurgeons (Sections 8 to 10).
Chapter III deals with the ‘health of theworkers’ with reference to such matters ascleanliness, disposal of wastes and effluents.Ventilation, dust and fume, artificialhumidification, over-crowding, lighting,drinking water, latrines and urinals andspittoons (Sections 11 to 20).Chapter IV deals with the ‘safety of workers’ infactory.
Chapter V relates to ‘Welfare of workers’ andprovides for washing facilities; facilities forstoring and drying clothing, facilities forsitting; first-aid appliances, canteens;shelters; rest-rooms and lunch-rooms; crèches,welfare officers, etc., (Section 42 to 50).
Chapter VI deals with ‘working hours ofadults’ and contains Sections 51 to 66. Itcovers issues like weekly hours; weeklyholidays; compensatory holidays; daily hours;intervals for rest; spread over; night shift;prohibition or overlapping shifts; wages forextra work; restriction on double employment,
notice of periods of work for adults workers,etc. (Sections 51 to 66).
Chapter VII provides for variousrestrictions/limitations on employment of youngpersons and deals with other matters likecertificate of fitness, working hours forchildren; register of child workers, workinghours for children; power to require medicalexaminations,etc. (Sections 67 to 77).
Chapter VIII deals with ‘annual leave andwages’ and includes annual leave with wages;wages during leave period; payment in advance incertain cases, mode of recovery of unpaid wages,etc. (Sections 78-84).
Chapter IX deals with special provisionsrelating to power to apply the Act to certainpremises; power to exempt public institutions;dangerous operations; notice of certainaccidents; notice of certain diseases; power ofdirect enquiry into cases of accident ordisease, etc., (Sections 85 to 91 A).
CONCLUSION:KPO to India can yield enormous cost savings
and increased efficiencies to the customer. Itcan also leverage India's vast knowledge classto perform high-end skill- and judgment-basedservices and functions. But the potential KPOcustomer must be aware that KPO presents a
number of risks – particularly with regard tocontrolling intellectual property and protectingsensitive data – that must be considered andaddressed.
SOCIAL ASSISTANCESocial insurance is any government-sponsored program with the following four characteristics: the benefits, eligibility requirements and other aspects of the program are defined by statute
explicit provision is made to account for the income and expenses (often through a trust fund)
it is funded by taxes or premiums paid by (or on behalf of) participants (although additional sources of funding may be provided as well); and
the program serves a defined population, and participation is either compulsory or the program is subsidized heavily enough that mosteligible individuals choose to participate
Definition:“Giving in return for contribution,benefits up to subsistence level as if right andwithout means tests so that an individual maybuild freely upon it. Thus social insuranceimplies that is compulsory and that men standtogether with their follows”.
The principal elements of social insurance are Participation is compulsory with fewexceptions.
Contribution is accumulated in special fundsout of which benefits are paid.
Surplus fund, not needed to pay currentbenefits are invested to earn further income.
A person’s right to benefit is secured by hiscontribution record without any list of needor means.
SOCIAL ASSISTANCE:Social Security is a comprehensive term.
Social assistance and social insurance are twoimportant limbs of social security.
Social assistance:Social assistance is one of the oldest forms
of social security. Provisions similar to modernsocial assistance programmes were operated inancient times.
Definition“A service or scheme which provides benefits
to persons of small means as right in amountssuficient to meet minimum standards of need andfinanced from taxation.”
I.L.O.Meaning:
Social assistance schemes are funded from theconsolidated fund of the state rather than formindividual contributions, with statutory scalesof benefit adjusted according to a person’smeans.Social Assistance schemes are designed to helppeople who are in financial difficulties.The Government or society serves the socialassistance to the weaker sections. The mainfeatures of the scheme are:
The whole cost of the scheme is met by theGovernment and social Governing bodies.
The benefits are paid as legal right in theprescribed categories of need.
While assessing need, a person’s otherincomes and resources are taken intoconsideration.
SOCIAL SECURITY – IMPLICATIONS Social security may refer to: social insurance , where people receivebenefits or services in recognition ofcontributions to an insurance program. Theseservices typically include provision forretirement pensions, disability insurance,survivor benefits and unemployment insurance.
services provided by government or designatedagencies responsible for social securityprovision. In different countries, that may
include medical care, financial support duringunemployment, sickness, or retirement, healthand safety at work, aspects of social work andeven industrial relations.
basic security irrespective of participationin specific insurance programs whereeligibility may otherwise be an issue. Forinstance assistance given to newly arrivedrefugees for basic necessities such as food,clothing, housing, education, money, andmedical care.
Social protection: Social protection refers to a set of benefitsavailable (or not available) from the state,market, civil society and households, orthrough a combination of these agencies, tothe individual/households to reduce multi-dimensional deprivation. This multi-dimensional deprivation could be affectingless active poor persons (such as the elderlyor the disabled) and active poor persons (suchas the unemployed).
This broad framework makes this concept moreacceptable in developing countries than theconcept of social security. Social security ismore applicable in the conditions, where largenumbers of citizens depend on the formaleconomy for their livelihood. Through a
defined contribution, this social security maybe managed.
SOCIAL SECURITY: Everything in this world isgoverned by laws. Both nature and society havetheir own intrinsic laws. These objective lawsof the society are progressive in nature, forthe society is not static. But dynamic innature. The basis of development are socioeconomic factors and as a result of which, thesociety changes to obsolete ideas andcorresponding to the changed socio economicbasis.
DEFINITION:“The programme of protection provided by
society against the contingencies of modernlife, sickness, unemployment, old agedependency. Industrial accidents and invalidismagainst which the individual can not beexploited to protect himself and his family byhis own ability for foresight”.
Friedlander.“Social security is a controversial and
dynamic subject with various factsphilosophical, theoretical, financial,administrations, social, economical, political,statistical, cultural, medical and legal”.
Wober andAchen
“The Security that society furnished, throughappropriate organizational against certain risksits members are exposed”.
ILOMEANING OF SOCIAL SECURITY:
Social security means the security providedby the society to the needy citizens on theprinciples of human dignity and social justice.
Social security programmes are nowincreasingly being accepted as useful andnecessary instrumented for the protection andstability of the labor force.
Social security, protection of workersagainst sickness, disease and injury arising outhis employment protection of children, youngpersons and women, provision for old age andinjury.
Objective:The aim of all social security measures isthreshold in nature.
Compensation Restoration Protection
Compensation: Compensation leads to incomesecurity to the workers and is based upon the
idea that during spells of risks, the individualand his family should not be subjected to doublecalamity, involving both destitution and loss ofhealth limbs life or work.Restoration:
Restoration implies care of the sick and theinvalid, reemployment and rehabilitation and ina way extension of the earlier concepts of thefunctions of social security.Prevention:
Prevention is designed to avoid the loss ofproductive capacity due to sickness,unemployment and render the available resourceswhich are used up by avoidable disease andidleness and thus increase the material,intellectual and moral well being of thecommunity.
SOCIAL, SECURITY MEASURES WERE INTRODUCED BY THEGOVERNMENT SOME THE THEM ARE:
Workers’ Compensation Act 1923. Employees’ State Insurance Act 1948. Maternity Benefits ACT – By State and CentralGovernment.
Coal Mines Provident Fund and Bonus Act 1948. Employees Provident Fund Act 1952 Family Pension Schemes 1971. Payment of Gratuity Act 1952. Old Age Pension Scheme.
Group Insurance Deposit linked insurance scheme. Social security Certificate Scheme 1982.
Social Security programmes in India:In pre-independence period, a beginning was made insocial security with passing of the works’Compensation Act 1923. After independence, thegovernment of India has enacted a number of lawsand has introduced and implemented many schemesto provide social security to industrialworkers.
WORKEMEN’S COMPENSATION ACT, 1923.Workmen’s Compensation Act, passed by the
Government of India in 1920 became effectivefrom July 1, 1924. The act provides for paymentof compensation to workmen and their dependentsin case of injury, accident and the occupationaldisease arising out of and in the course ofemployment and arising in disablement and death.The act is applicable to railway men and womenworking in factories, mines, plantations,construction works and certain other hazardousoccupations.
MATERNITY BENEFIT ACT, 1961:The Government of Mumbai was the first one
which passed Maternity Fit Act 1929. Now, such
laws are in force in almost every state of hecountry. The Maternity Benefit Act, 1961 passedby Central Government States employment of womenin certain establishments for certain period ofpregnancy and after child birth and provides formaternity and other benefits.
EMPLOYEES STATE INSURANCE ACT, 1948 (ESISCHEME):
The Employees State Insurance Act, 1948 isthe most important comprehensive scheme forproviding social security benefits. The schemewas originally framed to cover perennial i.e.,non-seasonal factories using and employing 20 ormore persons has been gradually extended tosmaller industries, hotels, restaurants,cinemas, shops etc., employing 20 or morepersons. It covers employees drawing wages uptoRs. 1600 per month.
*****END OF UNIT – V *****ALL THE BEST
References: Indian Relations & labour legislations by M.R. sreenivasan
Dynamics of Industrial Relations by Mamoria, Gankar.
Labour laws of India by Rajkumar S. Adukia
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