industrial relations in emerging scenario

04/11/2023 Industrial Relations In the Emerging Scenario

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Industrial Relations In The Emerging

Scenario.

Dr. D.P. Sahoo


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- Concept of IR- The emerging Scenario- T U Roles- Lets have a debate- Expected Roles in the emerging scenario.- Role of Government

- What is an Industrial Dispute- Roles of TU in an Industrial Disputes- Dispute Handling / Settling Machineries.- Roles of the Courts

- Disciplinary Procedures and Steps

The Presentation Design


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IR- THE CONCEPT

Management

Trade Unions

Government

The Actors Of IR

EMPLOYMENT RELATIONSHIP

Industrial Environment


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Process by which people and their organization interact at the place of work to establish the terms and conditions of employment

Is IR-A Process ?


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Government legislation protects workers against :- Employment discrimination. -Employee rights and other issues and the legal environment of work. -Labor relations and collective bargaining are closely governed by law. - Settling all Industrial Disputes.

Role of Government


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Objectives of Industrial relations

• Congenial labor management relations• Regulate the production by minimizing industrial

conflict thereby contributing to economic progress

• Avoiding industrial conflicts• To boost the discipline and morale of workers• Workers to have a say in decision making• Encourage and develop trade union


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The Emerging Scenario

What For An Individual Develops A Relationship With The Management?

- Individual Time Structuring.- Material Time structuring- Social Time structuring


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Lets Play the Union-Management GameThree Groups

-The Management Group-The Union Group- The Government

Issue:-To a very progressive and good management the union is demanding a pay hike of 30%.-The management all through been very considerate and had been taking car e of their Workers .- The Management examined the demands and came to the conclusion that they can’t consider to give a wage hike of 30%. However 10 t o 15% is possible provided the union assures an least 10% increase in production though improving individual productivity.


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SUCCESS OF IR

a) Top Management support

b) Sound Personnel policies

c) Adequate practice should be developed by professionals

d) Detailed supervisory training

e) Follow up results


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• Trade Union means a combination formed for the purpose of regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers

- Trade Union Act 1926

Trade Union


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The Indian National Trade Union Congress

The INTUC came into existence on 4th May, 1948, as a result of the resolution passed on 17th November 1947, by the Central Board of the Hindustan Mazdoor Sevak Sangh, which was a labour leader on the Gandhian Philosophy of Sarvodaya

All-India Trade Union Congress (AITUC)

It was established in 1920 as result of a resolution passed by the organized workers of Bombay and the delegates which met I a conference on 31st October, 1920.jj

United Trade Union Congress (UTUC)

Some trade union leaders of the socialist bent met together December 1948 to form a new central organization of labour, called Hind Mazdoor Sabha

Some Trade Unions


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Bhartiya Mazdoor Sangh (BMS)

This union has been the outcome of decision taken by the Jana Sangh in its Convention at Bhopal on 23rd July, 1954.

National Front of Indian Trade Unions (NFITU)

This union was founded in 1967, with the claim that “this trade union of India is not controlled by any of the political party, employers or government.”

Centre of Indian Trade Union (CITU)

This union was formed in 1970 when as a result of the rift in the AITUC, some members of the Communist party .

Some Trade Unions


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Can The Unions & Management Play Road Blocks For Each Other ?


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What Is An Industrial Dispute ?


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Dispute Settling Machineries

1. Conciliation officer2. Arbitration & Adjudication3. Constitutional Provisions.

Collective Bargaining


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Collective Bargaining• “Collective Bargaining is a process in which the

representatives of a labour organization & the representatives of business organization meet and attempt to negotiate a contract or agreement, which specifies the nature of employee-employer union relationship”.

• Process involving discussions and negotiations

• ‘collective’ – group

• 'bargaining' – proposals and counter proposals

• to reconcile their conflicting interests

• is a flexible approach

Levels At Which Collective Bargaining Is Undertaken

Enterprise or Plant Level

Industry Cum Region Wise Agreement

Sectoral Collective Bargaining At National Level


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1. National Level Agreement• Bargaining between one or more

employers/companies/corporations or one or more employers association on one side and one or more unions established at national ,industry,nation,region or plant level on the other.

• E.g. Indian Banks Association : negotiate long term settlement with bank employees


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2. Industry cum –region wide Agreements• Bargaining between one or more

employers/companies/corporations or one or more employers association on one side and one or more unions established at industry,region or plant level on the other.

• 3. Firm/plant level agreement• With unions established at plant,locality level


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Legal Framework of Collective Bargaining• Freedom of Association: Article

19(c)

• 1. Determination of Collective Bargaining Agent

i. Secret Ballotii. Check off systemiii. Membership verification


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Agreements Settlements & Awards• Agreement : Collective agreement is binding on

workers who have signed and not on other unions

• Settlement : written agreement between employer and workers arrived during Conciliation proceeding is applicable to all the present and future workers.

• Award : when Agreement and settlement fail. Award(final determination of industrial dispute ) given by Arbitration and adjudication-binding on parties


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Settlements

• Bipartite agreements which are totally voluntary for the purpose of implementation

• Tripartite settlements negotiated and settled primarily by the parties but registered before a conciliator

• Consent awards-when the parties have a dispute pending before a tribunal, but yet negotiate a contract, which is recorded by the tribunal, the contracts so negotiated acquire legal status

Collective Bargaining Agreement• Written document regarding working

conditions and terms of employment

• Legally, a CBA binds only the parties to it.

• In India, there are three types of agreements, namely – voluntary agreements,– settlements, and– Consent awards.

• Procedural ( interpretation and implementation of agreements &resolving conflicts) agreements or substantive (substance of agreement) agreements

04/11/2023Industrial Relations In the

Emerging Scenario 24


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Contents of Collective Bargaining Agreement

• The date of commencement of the agreement

• Its duration

• A definition of terms

• The procedure for settling disputes regarding interpretation, as well as other disputes.

• The consequences in the event of breaches of the agreement

• As regards wages, exactly how conversion of employees' wages to the new scales is to be effected.


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Collective bargaining in the changing scenario• Excessive dependent on compulsory

adjudication for settlement of industrial dispute

• Reduction in the area of Collective Bargaining

• Weak trade union movement


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Disciplinary Procedure


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MISCONDUCT• IMPROPER OR BAD CONDUCT

• MISBEHAVIOUR

• MISDEMEANOR

• DELINQUENCY

• WRONG DOING

• TRANSGRESSION

• ADULTERY

• TO MANAGE BADLY


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PROCESSES OF DOMESTIC ENQUIRY• FIRST INFORMATION ABOUT THE ACT OF MISCONDUCT

• SHOW CAUSE NOTICE / CHARGESHEET

• EXPLANATION OF WORKMAN

• EXPLANATION SATISFACTORY – MATTER CLOSED

• EXPLANATION NOT SATISFACTORY – DOMESTIC ENQUIRY

• APPOINTMENT OF ENQUIRY OFFICER

• RECORDING OF ENQUIRY PROCEEDINGS


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. . . PROCESSES OF DOMESTIC ENQUIRY

• REPORT / FINDINGS OF ENQUIRY OFFICER

• RECEIPT OF ENQUIRY REPORT BY THE COMPETENT AUTHORITY

• SUPPLYING COPY OF ENQUIRY REPORT TO DELINQUENT FOR HIS COMMENTS ON IT

• EVALUATION AND APPLICATION OF MIND ON THE ENQUIRY REPORT AND ON COMMENTS OF THE DELINQUENT IF ANY BY THE COMPETENT AUTHORITY

• SHOW CAUSE NOTICE TO WORKMAN ABOUT PROPOSED PUNISHMENT

• PUNISHMENT


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WHAT IS A CHARGESHEET

• A MEMO OF ACCUSATIONS

• VIOLATION OF SERVICE CONDITIONS / RULES / REGULATIONS ETC. BY THE EMPLOYEE


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WHY ISSUE A CHARGESHEET

• NO ACTION CAN BE TAKEN AGAINST ANY WORKMAN FOR AN ACT OF MISCONDUCT UNLESS HE HAS BEEN ISSUED A CHARGESHEET

• TO AFFORD A FAIR AND PROPER OPPORTUNITY TO THE DELINQUENT AS PER PRINCIPLES OF NATURAL JUSTICE TO PUT FORWARD HIS DEFENCE AGAINST THE CHARGES LEVELLED AGAINST HIM


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ESSENTIALS OF A VALID CHARGESHEET

• SPECIFIC

• ACCURATE

• DETAILED

• CLEAR

• UNAMBIGUOUS

. . .


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. . . ESSENTIALS OF A VALID CHARGESHEET

• CONTAIN ALL DETAILS

• REFER STANDING ORDERS CAREFULLY

• MENTION DATE, TIME , PLACE OF INCIDENT

• USE WORD ‘ABOUT’ WHEN TIME OF INCIDENT IS TO BE MENTIONED

• USE WORD ‘HABITUAL’ IF SO

• MENTION CORRECT DISOBEDIENCE / VIOLATION

• MENTION DOCUMENTS YOU WANT TO RELY UPON

. . .


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. . . ESSENTIALS OF A VALID CHARGESHEET

• USE WORD ‘ ILLEGAL’ IF SO

• USE SAME WORDS OF ABUSE / THREAT ETC.

• MENTION CORRECT CLAUSE OF MISCONDUCT FROM STANDING ORDERS / SERVICE RULES

• DO NOT MENTION ABOUT PROPOSED PUNISHMENT


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AUTHORITY COMPETENT TO ISSUE CHARGESHEET

• A PERSON WHO IS COMPETENT TO APPOINT AND DISMISS EMPLOYEES

• A PERSON DULY AUTHORISED AND DELEGATED WITH THIS AUTHORITY


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EXPLANATION BY EMPLOYEE• IMPORTANT BUT NOT ESSENTIAL

• IT IS A RIGHT OF EMPLOYEE

• EXPLANATION NOT MANDATORY BRFORE INITIATING DOMESTIC ENQUIRY

• EMPLOYEE MAY –– ACCEPT THE CHARGES– PLEAD GUILTY– PLEAD MERCY– REFUTE CHARGES– PLEAD GUILTY BUT EXPLAIN CIRCUMSTANCES– ASK MORE TIME TO SUBMIT EXPLANATION– NOT SUBMIT

EXPLANATION . . .


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. . . EXPLANATION BY EMPLOYEE

• WITHIN STIPULATED TIME

• AS PER STANDING ORDERS / SERVICE CONDITIONS

• WITHIN REASONABLE TIME

• EXTRA TIME REQUEST SHOULD BE GRANTED TO AVOID CHARGE OF DENIAL OF OPPORTUNITY


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SUSPENSION

• IT IS A TEMPORARY DEPRIVATION OF ONE’S NORMAL POSITION, PRIVILEGES, FACILITIES, FUNCTIONS ETC. PENDING ENQUIRY

• IT IS TO AVOID ANY TAPMERING / DAMAGE BY EMPLOYEE

• IT IS TO AVOID CONTINUANCE OF INDISCIPLINE

• IT IS RESORTED TO WHEN EMPLOYEE’S CONTINUANCE WILL BE PREJUDICIAL TO THE INTEREST OF THE ORGANISATION

• IT IS NOT REDUCTION IN RANK

• IT IS PROSPECTIVE, NOT RETROSPECTIVE

• IT SHOULD NOT BE FOR INDEFINITE PERIOD


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SUSPENSION / SUBSISTANCE ALLOWANCE• AS PER STANDING ORDERS / SERVICE CONDITIONS / TERMS OF

EMPLOYMENT

• 50% UPTO 90 DAYS, 75% AFTER 90 DAYS IF DELAY NOT ATTRIBUTABLE TO EMPLOYEE (Sec. 10-A of I.E.(S.O.)Act,1946

• MISCONDUCT PROVED, EMPLOYEE DISMISSED – NO WAGES FOR SUSPENSION PERIOD

• EMPLOYEE REINSTATED – ENTITLED FOR WAGES

• NO WAGES IF EMPLOYEE ABSENT DUE TO DETENTION

• ENTITLED TO WAGES IF SUSPENDED

. . .


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. . . SUSPENSION / SUBSISTANCE ALLOWANCE

• SUSPENSION ALLOWANCE INCLUDES ALL ALLOWANCES

• DOMESTIC ENQUIRY WITHOUT PAYMENT OF SUBSISTANCE ALLOWANCE WILL BE VITIATED

• STARVING EMPLOYEE CAN NOT DEFEND HIMSELF

• SUSPENSION NOT A PUNISHMENT

• PAYMENT OF SUBSISTANCE ALLOWANCE SUBJECT TO NOT TAKING EMPLOYMENT BY EMPLOYEE


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APPOINTMENT OF ENQUIRY OFFICER• E.O. IS A DELEGATE OF DISCIPLINARY AUTHORITY

• E.O. CAN BE APPOINTED BY THE COMPETENT AUTHORITY

• OFFICER OF ESTABLISHMENT CAN BE E.O.

• E.O. SHOULD BE PERSON OF OPEN MIND AND NOT BIASED AGAINST THE DELINQUENT

• E.O. SHOULD BE AN OFFICER OF REASONABLY HIGHER STATUS COMMANDING RESPECT AMONG EMPLOYEES

. . .


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. . . APPOINTMENT OF ENQUIRY OFFICER

• AN ADVOCATE AS E.O. IS CONSIDERED TO BE AN IDEPENDENT, IMPARTIAL, UNBIASED AND RESPONSIBLE PERSON

• NO MAN SHOULD BE A JUDGE OF HIS OWN CAUSE (NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA)

• JUSTICE SHOULD NOT ONLY BE DONE BUT MANIFESTLY AND UNDOUBTEDLY SHOULD SEEM TO HAVE BEEN DONE

• A PERSON WHO HAS PERSONAL KNOWLEDGE OF THE INCIDENT SHOULD NOT BE AN E.O.

• A PARTNER IN A SMALL ESTABLISHMENT CAN BE AN E.O.


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INVITING COMMENTS

• A COPY OF THE ENQUIRY REPORT / FINDINGS PREPARED AND SENT BY THE ENQUIRY OFFICER WILL BE PROVIDED TO THE DELINQUENT FOR HIS COMMENTS ON IT, IF ANY, TO BE SENT BY HIM WITHIN A STIPULATED TIME PERIOD.

• IN CASE THE DELINQUENT GIVES SOME EXTENUATING REASONS AND POINTS OUT FLAWS IN THE FINDINGS OF THE ENQUIRY REPORT OF THE ENQUIRY OFFICER, THE DISCIPLINARY AUTHORITY WILL WEIGH THE ENQUIRY REPORT IN LIGHT OF SUCH COMMENTS OF DELINQUENT AND TAKE HIS ACTION.

• IF THE DELINQUENT DOES NOT SUBMIT ANY COMMENTS, THE DISCIPLINARY AUTHORITY WILL TAKE FURTHER ACTION IN THE MATTER ON THE BASIS OF FINDINGS OF THE ENQUIRY OFFICER.

. . .


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. . . INVITING COMMENTS

• NON SUPPLY OF COPY OF ENQUIRY REPORT TO DELINQUENT IS VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AS WELL AS PROVISIONS OF ARTICLES 14 AND 21 OF CONSTITUTION


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PUNISHMENT

• IN CASE THE DELINQUENT IS ABSOLVED OF THE CHARGES BEING NOT PROVED IN THE ENQUIRY OR PARTIALLY PROVED, OR WHEN COMMENTS OF DELINQUENT ARE ACCEPTED BY DISCIPLINARY AUTHORITY, HE WILL NOT BE INFLICTED ANY PUNISHMENT OR WILL BE INFLICTED PUNISHMENT IN PROPORTION TO THE PARTIAL GUILT PROVED, AS THE CASE MAY BE.

• IN CASE THE CHARGES ARE PROVED AGAINST THE DELINQUENT OR THE COMMENTS OF DELINQUENT ARE NOT ACCEPTED BY THE DISCIPLINARY AUTHORITY, APPROPRIATE DISCIPLINARY ACTION AS PER STANDING ORDERS / SERVICE CONDITIONS ETC. WILL BE INFLICTED ON THE DELINQUENT.


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SECTION 11-A OF I.D. ACT, 1947 AND POWERS OF LABOUR COURTS / TRIBUNALS

• WHEN A DOMESTIC ENQUIRY IS CONDUCTED FAIRLY, PROPERLY AND AS PER PRINCIPLES OF NATURAL JUSTICE, NORMALLY LABOUR COURTS / TRIBUNALS DO NOT INTERFERE WITH THE PUNISHMENT AWARDED BY THE MANAGEMENT

• LABOUR COURT / TRIBUNAL IS ENPOWERED WITH POWER TO RE-APPRAISE THE EVIDENCE IN DOMESTIC ENQUIRY AND SATISFY ITSELF WHETHER THE SAID EVIDENCE RELIED UPON BY THE MANAGEMENT ESTABLISHED THE MISCONDUCT ALLEGED AGAINST THE CONCERNED EMPLOYEE


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THANK YOU !

industrial relations in emerging scenario

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