ir labour management

8/7/2019 IR Labour Management

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What is Industrial Relation?

There is no unanimity as to the meaning andscope of Industrial Relations, since differentterms such as labour management Relations,Employer & Employee Relations, Union &

Management Relations, personnel Relations,Human Relation etc are in use or used. In itsstrictest sense, the term Industrial RelationMeans the relationship between Management

& Workmen in an unit or an Establishment oran Industry. In wider sense, it means therelationship between the workers &Management union & workers and Union and

management in an Industry.


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The four main parties who are actively

associated with any industrial relationssystem are the Managements Workmen,the

Organisation of managements,workmen,

workmen and the state. Fundamentally ,theterm industrial relation Refers to an

organised relationship between two

organised parties representing employersand employees regarding matters of

collective interest.


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Objectives and Aims

Apart from the primary objective of bringingabout sound and healthy relations between

employers and employees, Industrial

relation aims1. To facilitate production and productivity

2. To safe guard the rights and interests of

both labour and management by enlistingtheir co- operation.

3. To achieve a sound, harmonious andmutual beneficial Labour - Management

relations.


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4.To avoid unhealthy atmosphere in theindustry especially work Stoppage , go

slows, gheraos, Strikes, lockouts etc

5.To establish and maintain industrial

democracy.

The problem posed in the field of Industrial

Relations cannot be solved within the limits

of a single discipline and hence it is bound

to be inter-disciplinary approach.


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Grievance Function in

Industrial Relations There is hardly a company where the

employees do not have grievance of onekind or other. A grievance produces

unhappiness, discontent, indifference, lowmorale, frustration etc. Ultimately it affectsemployees concentration, efficiency andproductivity. A large number of workstoppage, shop floor incidents and strikecould be attributed to the faulty handling ofgrievances. Prompt and effective handlingof grievances is the key to industrial peace.


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Grievance is a rust on human relations.Grievance can be conceived in several

stages. Dissatisfaction may or may notarticulated. When it takes some shapeand brought to the notice of someauthority then it is seen as complaint. ACompliant is a formal representation of agrievance. An individual grievance if notsettled under the Grievance process itassumes the form of an Industrialdisputes and attracts disputessettlement provisions. Basicallygrievance is a complaint of one or moreworkers covering such areas of wages,allowances, conditions of work, over

time, leave, transfer, promotion, etc


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Informal and formal presentation of grievancehave their advantages and disadvantages.

Informal less important, less attention etc.Formal gets more serious attention.

Grievance must be settled as early as possible to

the point of origin and on merit only. Hastyactions without properly ascertaining facts helpsto aggregate the situation hence it is better onlyto have a systematic grievance redressalprocedure which would (i) be simple, fair andeasy to understand (ii) encourage employees toput forth their grievance (iii) function promptlyand expediously (iv) gain employees confidenceand (v) promote healthy relations between

employees and the company.


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Discipline function in

Industrial Relations In any industry, discipline is an

useful tool for developing,

Improving and stabilizing thepersonality of workers.Industrial discipline is essential

for smooth running of anorganization, for increasingproduction and productivity for

maintenance of Industrial peace.


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Dictionary meaning of

Discipline1.First it is the training that corrects,

moulds, strengthens or perfects individual

behaviour.2.It is control gained by enforcing obedience.

3.It is punishment.

Discipline is the force that prompts an individualor a group to observe/adhere rules, regulations and

procedures which are deemed to be necessary to

the attainment of an objective.


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Aims and Objectives of

disciplineThe main Aims and Objectives of discipline are

1.To obtain willing acceptance of rules,

regulations and procedures of anorganization so that organizationalobjectives can be attained.

2.To develop among employees a spirit oftolerance and a desire to make adjustments.

3.To give and seek directions and

responsibilities.


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4.To create an atmosphere of respect ofhuman personality and human relations.

5.To increase the working efficiency andmorale of employees.

6. To impart an element of certainty despite

several differences in informal behaviourspatterns and other related changes in anorganization.

Disciplinary actions have serious repercussionson the employees and on the industry andtherefore must be based on certain principles inorder to be fair, just, and acceptable to the

employees and their Union.


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Indiscipline often arises from frustration and

absence of a service of responsibility. The

cause of indiscipline among workers are

several and varied and can often be traced to

their ignorance and illiteracy, non-adherence

to the industrial culture, no-redressal ofgrievance, lack of commitment of worker,

absence of occupational status, low wages,

unfair labour practice, bad working conditionsand lack of effective management practice

etc.


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Discipline is a two way traffic and reach of

discipline as the part of either party in

industry will cause unrest. The concept of

positive discipline promotion aims at the

generation of a sense of self discipline and

disciplined behaviour in all human beings

in a dynamic organizational setting instead

of discipline improved by force orpunishment. In brief, the approach to the

disciplinary action in most cases should be

corrective rather than punitive.


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1. Conciliation :

The conciliation Officer is appointed by

Government. He is charged with duty of

mediating in and promoting settlement of

industrial disputes.Sometimes Government

may also constitute a Board of Conciliationfor promoting the settlement of Industrial

disputes. It consists of independent

Chairman and two or four other members


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representing the parties to disputes.While

conciliation is compulsory in all public

utility service and optional in non-public

utility service. In conciliation, the ultimate

decision rests with the parties themselves

but the conciliation may offer a solution to

the dispute acceptable to both the parties

and serve as a channel of communication.The parties may accept his recommendation

for settlement of any dispute or reject

altogether. If conciliation fails, the next


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stage may be compulsory adjudication or

the parties may be left to other own choice.

They have no power to decide the disputes

or ass a final or binding order on parties.

In case where a settlement is arrived at,

they can record the settlement and

incase of failure of a conciliation

negotiations, they can only send a failure

report to appropriate government. The

concerned authority after scrutinizing the

failure report and


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the confidential note submitted by the

conciliation officer may refer or refuseto refer the dispute to the Industrial

Tribunal or Labour Court as the case

may be for adjudication. If the Partiesat the time of Conciliation proceeding

so desires the Industrial dispute is

referred for voluntary arbitration to

the persons unanimously agreed by

them.


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2. Adjudication :

The Govt. generally refer an Industrial dispute

for adjudication on failure of conciliation

proceedings. Adjudication means a mandatory

settlement of industrial disputes by Labour

Courts or Industrial Tribunals or NationalTribunals under the Industrial Disputes Act. By

and large, the ultimate legal remedy for the

settlement of an unsolved dispute is itsreference to adjudication by the appropriate

Govt. This reference of dispute for adjudication

is also at the discretion of the Govt.


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3. Voluntary Arbitration

Voluntary arbitration is one of the

recognized and democratic ways

for settling Industrial disputes. It

is to be borne in mind that good

industrial relations are a mixture

of idealism and realism.


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Trade Union and Industrial

Relations Functions1.To secure for workers fair wages.

2.To safeguard security of tenure andImprove conditions of service

3.To enlarge opportunities for promotion

and training.

4.To improve working condition and timing

condition.


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5.To provide for educational, cultural

and recreational facilities.

6.To promote identity of interests of theworkers within their industry.

7.To offer responsive co-operation inimproving levels of production and

productivity discipline.

8.To promote individual and collectivewelfare.


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Collective Bargaining

Collective bargaining is the process of jointdecision making and basically represents a

democratic way of life in an Industry. It

establishes a culture of bipartition and jointconsultation in industry and a flexible

method of adjustment to economic and

technical charges. In an industry. It helpsin establishing industrial peace without

disrupting either the existing arrangements

or the production activities.


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Legal frame works Labour

constitutionConstitution of India Rights

Directive principles - Though not enforceable

in Court, it shall be

duty of State to

protect the interest of

the Citizen.

Labour Concurrent List Centre & State

Centre rules would prevail upon State rules


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In I.D. Act there is no provision for

providing any review, revision or appeals

against actions, orders or awards of

authority. Section 17(2) of the I.D. Act

makes the award of the adjudicationauthorities as final. The only remedy is

that aggravated party can resort to

constitution remedies, namely, writunder Articles 32, 226 & 227 and appeals

under Articles 133 and 134 of the

Constitutional of India.


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Disciplinary Proceedings in

IndustryAn enquiry held by the Management against

its employees for certain acts of alleged

misconduct is called a Domestic Enquiry or

Departmental Enquiry

1

. Framing and issuing of charge sheet.2. Service of charge sheet.

3. Enquiry Proceedings.

4. Findings.


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5. Decisions

a). Warning

b). Fine

c). Withholding or stoppage of

increments.d). Demotion or reduction in rank.

e). Suspension

f). Discharge

g). Dismissal

6. Service of order.


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