Beruflich Dokumente
Kultur Dokumente
Question No. 1
Describe major labor laws in the work? Explain different characteristics of Pakistani
Labor law?
Labor law is the body of laws, administrative rulings, and precedents which address the
legal rights of, and restrictions on, working people and their organizations. As such, it
mediates many aspects of the relationship between trade unions, employers and
employees.
There are two broad categories of labor law. First, collective labor law relates to the
tripartite relationship between employee, employer and union. Second, individual labor
law concerns employees' rights at work and through the contract for work. The labor
movement has been instrumental in the enacting of laws protecting labor rights in the 19th
and 20th centuries. Labor rights have been integral to the social and economic
development since the industrial revolution.
In 1931, Congress passed the Davis-Bacon Act, requiring that contracts for construction
entered into by the Federal Government specify the minimum wages to be paid to persons
employed under those contracts.
Norris-LaGuardia Act
The Norris-LaGuardia Act, passed in 1932, during the last year of the Hoover
Administration, was the first in a series of laws passed by Congress in the 1930s which
gave Federal sanction to the right of labor unions to organize and strike, and to use other
forms of economic leverage in dealings with management.
Other labor laws involve safety concerning workers. The earliest English factory law was
drafted in 1802 and dealt with the safety and health of child textile workers.
1
Anti-discrimination
This clause means that discrimination against employees is morally unacceptable and
illegal, on a variety of grounds, in particular racial discrimination or sexist discrimination.
The Constitution of Pakistan contains a range of provisions with regards to labour rights
found in Part II: Fundamental Rights and Principles of Policy.
• Article 11 of the Constitution prohibits all forms of slavery, forced labour and child
labour;
• Article 17 provides for a fundamental right to exercise the freedom of association and
the right to form unions;
• Article 18 proscribes the right of its citizens to enter upon any lawful profession or
occupation and to conduct any lawful trade or business;
• Article 25 lays down the right to equality before the law and prohibition of
discrimination on the grounds of sex alone;
• Article 37(e) makes provision for securing just and humane conditions of work, ensuring
that children and women are not employed in vocations unsuited to their age or sex, and
for maternity benefits for women in employment.
Labour Legislation
Pakistans labour laws trace their origination to legislation inherited from India at the time
of partition of the Indo-Pak subcontinent. The laws have evolved through a continuous
process of trial to meet the socio-economic conditions, state of industrial development,
population and labour force explosion, growth of trade unions, level of literacy,
Government’s commitment to development and social welfare. To meet the above named
objectives, the government of the Islamic Republic of Pakistan has introduced a number of
labour policies, since its independence to mirror the shifts in governance from martial law
to democratic governance
Contract of Employment
The services of a permanent worker cannot be terminated for any reason other than
misconduct unless one month’s notice or wages in lieu thereof has been furnished by the
employer or by the worker if he or she so chooses to leave his or her servic.
Working hours
Under the Factories Act, 1934 no adult employee, defined as a worker who has completed
his or her 18th year of age, can be required or permitted to work in any establishment in
excess of nine hours a day and 48 hours a week. Similarly, no young person, under the age
of 18, can be required or permitted to work in excess of seven hours a day and 42 hours a
week
1
Paid Leave
As provided in the Factories Act, 1934, every worker who has completed a period of
twelve months continuous service in a factory shall be allowed, during the subsequent
period of twelve months, holidays for a period of fourteen consecutive days.
Equality
Article 38 of the Constitution imparts the State’s obligations aimed at achieving equality
in the form of securing the well-being of the people, irrespective of sex, caste, creed or
race, by raising their standard of living, by preventing the concentration of wealth and
means of production and distribution in the hands of a few to the detriment of general
interest and by ensuring equitable adjustment of rights between employers and employees,
and landlords and tenants.
Question No. 2
A “model” is a mental construct with which people organize their thoughts about a topic.
When we consider labor management relations, we usually think about a single
company dealing with a single local union. This is of course a model. The figure
below show the management of a company.
Management of a company
This company is dealing with local No. 100 which represents company A’s employees.
The line between the company and the union has arrows pointing both ways and
indicates that each side influences the other. Also, the absence of any other
organizations or lines indicates that the relationship between company A and local No.
100 is all there really is to know about the system of labour management relations
indicated here. The above figure represents a model, in that is identifies the parties
involved, indicates their relationships as insignificant.
Companies in which
Employees of Union Local No. company A has plants or
offices 1
Company A 100
In above figure we examine the web of relation ships involving company A. we see
that company A has responsibilities to its stockholders and customers as well as to local
no. 100. It also has relationships with other companies through an association to bodies. It
has commitments to the communities in which it operates; and it has responsibilities to
other unions with which it deals.
This is more accurate model of the relationship of company A to local No. 100
because it shows that the company must also deal with these other groups on issues
that affect local No. 100. for example in considering where to give into wage
demands by local No. 10 or to take a strike, company A must consider the impact of
its choice on its customers, it stock holders, the communities in which it operates, its
non unionized employees, and the other unions with which it deal. Often the strong
preferences of one or more of these groups will determine company A’s decision.
A local union is also involved in a web of relationships. Figure below shows that local
No. 100 must consider in its own activities the views of its national union, other
unions, the community in which it is located, its political friends (whom it should not
embarrass by its activities), other companies with which its contacts (if any), and the
management of company A it self.
Community in which
Union Local 100 the local is located
Other companies
with which local
deals Political friends of
the local union
Figures 2 & 3 together constitute an alternative model to Figure 01. the alternative is much
more complex and shows that there are many more factors involved in the
relationship between company A local no. 100 than just the two organizations alone.
As such, the more complicated model is generally a more accurate reflections of
reaity.
The model in figure 01 may be referred to as a “one to one” model. The few situations in
which it applices in reality are not difficult ones to analyze. Most often, however,
labour relations are of the type diagramed in figure 02 and 03.
Diversity issues related to race, gender, age, disabilities, religion, job title, physical
appearance, sexual orientation, nationality, multi culturism, competency, training,
experience, and personal habits are explored in these links. The bias is toward valuing
diversity.
Diversity not only involves how people perceive themselves, but how they perceive
others. Those perceptions affect their interactions. For a wide assortment of employees to
function effectively as an organization, human resource professionals need to deal 1
effectively with issues such as communication, adaptability and change. Diversity will
increase significantly in the coming years. Successful organizations recognize the need for
immediate action and are ready and willing to spend resources on managing diversity in
the workplace now.
Increased adaptability
Variety of viewpoints
Companies that encourage diversity in the workplace inspire all of their employees to
perform to their highest ability. Company-wide strategies can then be executed; resulting
in higher productivity, profit, and return on investment.
Taking full advantage of the benefits of diversity in the workplace is not without its
challenges. Some of those challenges are:
Resistance to change - There are always employees who will refuse to accept the fact that
the social and cultural makeup of their workplace is changing. The “we’ve always done it
this way” mentality silences new ideas and inhibits progress.
1
research data, they must build and implement a customized strategy to maximize the
effects of diversity in the workplace for their particular organization.
Question No. 3
What is industrial relations system? How does industrial relations systems operate?
Answer
Industrial relations may be defined as the processes by which human beings and their
organizations interact at the work place and, more broadment. The process of relations
between persons and organizations is stressed, not just the resulting standards. Finally, a
“system” is spoken of in standards in the industrial environment. Each nations may be said
to have some characteristic fashion of dealing with the social, economic, and legal
problems that arise among its citizen. If each of these areas is conceived to involve a
system then the industrial relations system may be described as an area in which they
overlap. Thus industrial relation system is seen to involve important aspects of social,
economic and legal systems of a country as they relate to the industrial workplace and the
relationships among employees and managers.
Social Economic
system System
Industrial
relation system
Legal
system
Employers: Employers possess certain rights vis-à-vis labors. They have the right to hire
and fire them. Management can also affect workers’ interests by exercising their right to
relocate, close or merge the factory or to introduce technological changes.
Employees: Workers seek to improve the terms and conditions of their employment. They 1
exchange views with management and voice their grievances. They also want to share
decision making powers of management. Workers generally unite to form unions against
the management and get support from these unions.
Government: The central and state government influences and regulates industrial
relations through laws, rules, agreements, awards of court ad the like. It also includes third
parties and labor and tribunal courts.
An industrial relations system involves certain institutions, which we may term “actor” in
the system. The three major actors are
i) Management and management organization.
ii) Employees and their organization
iii) Government and its role as a regular actor and judge.
These actors together determine the output of the system, which we may describe as a set
of arrangements, understandings or rules about terms and conditions of employment.
Described in this way the system seem simple enough but unfortunately, there are many
complications for example there is not one government in any country but many
governments, with different levels of government (e.g) federal, state and municipal) and
many branches of government (executive, legislative and judicial). We refer to this
separation as the “balance of powers” or “separation of power” doctrine. Because of this
separation , the many agencies of government are each, to a degree separate actors in our
industrial relations system. the actors in our industrial relations system interact with one
another to develop the basic output of the system, including a set of rules or understanding
about working conditions and standards of employment.
When arrangements have been established, they have an impact on both
management and labour, who with government participated in their established.
Sometimes the impact, or feedback, is what was expectd and intended. When this is the
case, the actors in the industrial relations system may turn their attention to other
problems. However, sometimes the arrangements that have been created have unexpected
consequences. Management or labour may be surprised and upset at the unintended
consequences of a rule. In this case, the actor that is aggrieved is likely to seek further
changes in the rule, or may go to the regulatory agencies to attempt to get the rule
changed.
An industrial relations system may also be said to operate within a set of constraints
involving both the technology available to the economic system and the ideology of the
society as a whole. Technology is very important, for its helps to determine the types of
jobs available and the amount of output that can be produced and in turn can support
living standards. Improving technology is both a blessing and a curse to the industrial
relations system. it creates the capacity to provide higher living standards. But it also
generates disputes among labour and management about work assignments, pay levels and
similar matter associated with new processes and equipment.
Question No. 4
Answer
Labor union
A labor union, or trade union, is an association of fair wage-earners uniting for the
purpose of maintaining and improving the conditions of their employment. Over a three-
hundred-year period, labor unions have developed into a number of forms, influenced by
various political and economic regimes. Immediate objectives and activities of trade
unions often vary according to industry. Despite such differences, however, the
fundamental ideals upheld by traditional labor unions include the provision of member
benefits, the right to collectively bargain, and the right to take industrial action. Early trade
unions, like Friendly Societies, provided a range of benefits to accommodate their
members in times of unemployment, ill health, old age, and death, many of which have
subsequently been assumed by the state. Union members are also protected when taking
industrial action, such as striking to achieve particular goals. Unions often promote
political legislation favorable to the interests of their members or workers as a whole.
Thus, provided cooperative relationships are maintained between management and labor
unions, their work is generally beneficial to society, ensuring that workers are well-cared
for and thus able to make their best contribution to society as a whole.
History
In the eighteenth century, much of Western society witnessed the world’s first Industrial
Revolution and the abandonment of an agrarian culture with craft based production. The
young industrial environment provided much of the momentum for the establishment and
advancement of the labor union.
The start of the Industrial Revolution sparked a rising fear in the craft associations of the
time, who feared encroachment on their established jobs, wage changes, and workforce
restructuring. The rapid expansion of the industrial society quickly drew large numbers of
women, children, rural workers, and immigrants into the work force to labor for meager
wages in appalling conditions. These working environments would later prove to be an
important arena for change.
Early History
Trade unions have sometimes been seen as successors to the guilds of medieval Europe,
though the relationship between the two is disputed. Medieval guilds existed to enhance
their members’ livelihoods, through controlling the instructional capital of artisanship, and
the progression of their members from apprentice to craftsman, journeyman, and
eventually to master and grandmaster of their craft. Guilds also facilitated mobility by
providing accommodation for their members traveling in search of work. Though guilds
exhibited some aspects of the modern trade union, they also exhibited aspects of modern
professional associations and corporations.
Unlike modern labor unions, guilds were highly selective and offered membership to only
those artisans practicing a specific trade. Labor unions seek to incorporate a broad array of
laborers, to increase membership numbers and union leverage as a whole.
Structure
1
There are three major structures of union organizing: craft unionism, general unionism,
and industrial unionism. Craft unionism is defined by the organization of a particular
section of skilled workers. An organization of a cross-section of workers from various
Labor unions are often divided into branches, or locals, and are united through national
federations. These federations are affiliated with international organizations, such as the
International Confederation of Free Trade Unions.
Union functions are also delineated by a service model and an organizing model. The
service model maintains worker rights, provides member services, and resolves union
disputes. The organizing model typically involves full-time organizers, who foster
confidence, build networks, and promote leaders throughout the workforce. Labor
organizers may also launch confrontational campaigns involving large numbers of union
members and affiliates. Most labor unions are a blend of these two philosophies.
Union Operations
Companies that employ workers with a union generally operate on one of several models
called shops. Within the United States, unions can operate under a closed shop or a union
shop. Under a closed shop, a union will employ only those who are already union
members, and employers must recruit directly from a union pool of applicants. A union
shop employs non-unions workers as well, but establishes a time limit within which new
hires must become union members.
Political Relationships
Unions may also engage in broader political or social struggles. Social unionism defines
the many unions that use their organizational strength to advocate for social policies and
legislation considered favorable for their members. In some countries, unions maintain
close alliances with political parties. In many countries, labor unions may be closely
linked to, or may even share leadership with, a political party intended to represent the
interests of the working class. Often times, these parties include left-wing politicians or
socialists.
Employment Laws
Varying structures of employment laws can also affect a union’s business operations. In
many western European countries, wages and benefits are largely set by a governmental
body. The United States takes a more laissez-faire approach, setting a minimum standard
but allowing most workers' wages and benefits to be decided through collective bargaining
and market forces. South Korea has historically regulated collective bargaining by
requiring employers to participate in bargaining practices. However, collective bargaining
is only legally recognized if the sessions are held before the lunar New Year. Under
totalitarian regimes, such as Nazi Germany and the Soviet Union, labor unions were
typically controlled by de facto government agencies, devoted to the smooth and efficient
operation of enterprises.
International Operations
Labor unions also engage in international operations. Such organizations include the
World Confederation of Labor and the World Federation of Trade Unions. The world’s
largest international organization, the Brussels-based International Confederation of Free
Trade Unions, encompasses an estimated 231 affiliated organizations throughout more
than 150 countries and territories, and has a combined membership of 158 million.
National and regional trade unions organizing in specific industry sectors or occupational
groups have also formed global union federations, such as Union Network International
and the International Federation of Journalists. 1
Question No. 5
What is changing and why in the new workplace versus old work place? Discuss with
examples.
Answer
workplace may be defined as ”the environment (as place, tools, social connections,
physical well being) enabling work to be done”. This broader definition, will lead
workplace development to include the determination of:
· how technology will enable those processes to be carried out (such as data access,
groupware, mobileware, etc.)
· what physical environment will support the work (such as office design and layout,
furniture, equipment, temperature, light, etc.)
4. The effect that these practices have on productivity and organizational performance.
These aims are covered throughout the book.
1
CHANGE AND CONTINUITY IN THE WORKPLACE
Most of us are now fairly well versed in the changes occurring in the economic, political
and social landscape. These include: the internationalization of the economy; a reduction
in trade barriers between countries; the deregulation of markets; privatization and the
ending of state monopolies; increasing demands for greater accountability and efficiency
in the public sector; and changing consumer demand (e.g. a desire for more customized
products or better quality. The changes have intensified competition and achieving a
competitive advantage will depend on the simultaneous pursuit of cost minimization,
quality, innovation and customization. Similar demands for cost efficiencies, quality and
customized services are evident in the public and not-for-profit sectors (e.g., in
universities;. In addition, the creation, ownership and management of knowledge-based
assets is increasingly recognized as a basis for competition for the implications of
knowledge management for organizational learning processes, the co-ordination of
distributed cognition and top team behavior). Organizational change is undoubtedly taking
place in response to these general economic and societal changes and in the expectation of
such changes
There appears to be fairly widespread use (in some 40–60% of organizations) of TQM,
team work and supply-chain partnering, particularly in UK manufacturing companies,
while the service sector has witnessed a rise in the use of team work, TQM and
information technology since the 1990s. Advanced manufacturing technology is reported
as being used, at least to a moderate extent, by some 40% of all manufacturing
organizations and lean manufacturing appears to be fairly widespread in the automotive
industry but less extensively used in other parts of the manufacturing sector. There is also
evidence of initiatives that empower employees occurring in about one quarter of UK,
Japanese, Australian and Swiss manufacturing do question the extent to which firms
strongly embrace such initiatives and show that involvement initiatives declined in the US
in the mid-1990s.
This old workplace is being replaced by a “new workplace” characterized by the co-
occurrence of four factors: flexible modern working practices; high-involvement human
resource practices; a managerial orientation that views these two sets of practices as
integrated and complementary; and an employee orientation that is flexible and pro-active.
1). This implies that “the new workplace” can be defined as comprising an “historical
new”, i.e., the presence of new working practices, types of HR practices or bundles of
practice, and an “experiential new”, i.e., the presence of qualitatively different managerial
and employee orientations and experiences of self and work. However, we must exercise
some caution when applying these categories to the real world. First, a substantial
proportion of organizations have not adopted many modern working practices, nor are
modern working practices necessarily accompanied by high-involvement HRM. Second,
“old workplace” ideas are still influencing how “modern” working practices are designed
and managed, as is illustrated by the influence of Taylorism in some call centers and other
service organizations.
2 Two caveats on this are that much of the available data comes from the US and the
UK, and that not all changes are in the direction of new working practices, as some firms
may be introducing practices for the first time or reformatting those associated with
Taylorism.
1. The “new/new” workplace in which modern working practices are associated with
a qualitatively different experience of work. For example, workplaces with a combination
of TQM and employee involvement initiatives that are accompanied by qualitatively
different employee orientations to work, customers and their lives.
1
2. The “new/old” workplace in which modern working practices are associated with
a quantitative change in how jobs are designed but employees’ experiences of work are
not radically or qualitatively different as a consequence. For example, an organization
implements TQM and it results in employees experiencing less control and more stress.
However, the introduction of TQM does not alter their sense of self or orientation to work,
and thus the change has been one of degree, not type.
4. The “old” workplace in which traditional working practices are associated with a
relatively unchanged experience of work. We do not have the knowledge to identify the
relative prevalence of these different types of workplace. For example, we do not know
enough about the exact co-occurrence of modern working practices, HRM practices,
managerial orientations and employee experiences. We know even less about the effects
of such practices on how people experience or approach their work.
It is probable that all four types of workplaces will exist, but we might also speculate that
it is likely that a sizeable proportion of contemporary workplaces will be a mixture of
“old” and “new” and employees’ experiences will mirror this. Just as there are questions
about the extent and nature of workplace change, questions are also being asked about
whether the effects of change are as beneficial as many imply. Modern working practices
and high involvement human resource practices are often portrayed as leading to a win–
win situation for the employee and the organization. But, while there is research that
demonstrates that the introduction of modern working practices can lead to more
interesting work, more skilled work and lower levels of employee stress, there are also
studies that show that the introduction of modern working practices can intensify work,
de-skill employees and reduce well-being