Dynamics on Industrial Relations

The Indian Trade Union Act, 1926

Registration:
Any 7 or more workers.

Cancellation
If the certificate is obtained by fraud or mistake; The union is ceased to exist; Willfully contravened any provision of the act; Formalities 2 Months previous notice to be given by the Registrar

 Rights and Privileges of a Registered Union;

Immunity from Criminal conspiracy to members and

office bearers Immunity from Civil Suits to members and office bearers

UNION RECOGNITION
How to recognise a union?

How to decide the representative character of

rival union? What should be the role of minority union?

Retrenchment
Termination of a workman, for any reason

whatsoever otherwise than,

voluntary retirement, reaching age of superannuation, non renewal of contract or termination due to continued ill-health. Section 2 (oo)

Separation of surplus workmen

Lay Off
The

failure of the employer to provide employment due to

breakdown of machinery, shortage of raw material, power etc. Section 2 (kkk)

Retrenchment
Applicability:
300 or more workmen Non seasonal

Employers Responsibility:
Prior notice to workmen(30 days) Application for permission to appropriate govt Compensation(15 days salary for every completed year

of service)

Eligibility for Compensation:

Must not badly or causal workmen One year continuous employment

Methods: Last come, first go:

Lay Off
Applicability:
300 or more workmen Non seasonal

Employers Responsibility:
Application for permission to appropriate govt Compensation(50% of salary) Duration(45 days)

Eligibility for Compensation:

Must not badly or causal workmen One year continuous employment

CLOSURE
An employer intending to close the undertaking

has to take at least 90 days prior permission of the appropriate Government. If the appropriate Government does not communicate within 60 days, permission will be deemed to have been granted. On permission being granted, workman will be entitled to receive compensation which shall be equivalent to fifteen days average pay for every completed year of service or any part thereof in excess of 6 months.

Closure
Employers Responsibility:
Prior notice to workmen Prior notice to govt(60 days)

Compensation (15 days salary for every completed year of service)

Unavoidable circumstances-Not Exceeding 3 months Closure within two years-No Compensation

Eligibility for Compensation:

Must not badly or causal workmen One year continuous employment

Industrial Disputes Management (Prevention & Settlement)

Without State Intervention

With State Intervention

Without State Intervention

Collective Bargaining

Voluntary Arbitration

Collective Bargaining
Negotiations between an employer/a group of

employers or one or more employers organisations, on the one hand, and one or more workers organisations, on the other to:
Determine the working conditions and terms of

employment

Voluntary Arbitration
Resolving a dispute with the interference of a

third party.

WITH STATE INTERVENTION

BI PARTITE COMMITTEES -Grievance Settlement Authorities -Works Committee

INVESTIGATION -Court of Enquiry

CONCILIATION -Conciliation Officer -Board of Conciliation

ARBITRATION OR ADJUDICATION Labour Court Industrial Tribunal National Tribunal

Industrial Relations
Dale Yoder: Industrial relations is the relationship

between managements, employees or among employees and their organizations that characterize or grow out of employment.

PARTIES TO IRs
Employers and their Associations

Employees and their Unions

Government Society

Dominant Aspects of Industrial Relations

Cooperation
Collective Bargaining Bi Partite Forums Tri Partite Forums

Conflict

Grievance Handling Discipline Management Disputes Management

Grievance Redressal
Grievances are dissatisfaction, discontent, or

feeling of injustice; whether expressed or implied; either oral or writing; related to the terms and conditions of employment.

Mechanism for Grievance Redressal

Open Door Policy Step Ladder System

Direct Submission before the Boss

Step I-Grievance Officer-48 hours Step II-HOD-72 hours Step III-Grievance Committee7days Step IV-Manager-3 days Step V-Voluntary Arbitration-7days

IR PROBLEM: SYSTEMS APPROACH

INPUT

TRANSFORMATION

OUTPUT

ENVIRONMENTT

IR PROBLEM: Dunlops Model of IRS

CONTEXT

IDEOLOGY

ACTORS

RULES AND REGULATIONS

FEEDBACK

 ACTORS
Employers and their Associations Employees and Their Union Government

CONTEXT
Technological Market Power

IDEOLOGY
Actors Ideology

RULES & REGULATIONS

Compensation Performance Discipline

IRs & Labour Legislations

The Trade Union Act, 1926

The Industrial Employment (Standing Order) Act,

1946 The Industrial Disputes Act, 1947 The Factories Act, 1948