Presentation on theme: "What is Industrial Relation? There is no unanimity as to the meaning and scope of Industrial Relations, since different terms such as labour management."— Presentation transcript:
What is Industrial Relation? There is no unanimity as to the meaning and scope of Industrial Relations, since different terms such as labour management Relations, Employer & Employee Relations, Union & Management Relations, personnel Relations, Human Relation etc are in use or used. In its strictest sense, the term “Industrial Relation” Means the relationship between Management & Workmen in an unit or an Establishment or an Industry. In wider sense, it means the relationship between the workers & Management union & workers and Union and management in an Industry.
The four main parties who are actively associated with any industrial relations system are the Managements Workmen,the Organisation of managements,workmen, workmen and the state. Fundamentally,the term industrial relation Refers to an organised relationship between two organised parties representing employers and employees regarding matters of collective interest.
Objectives and Aims Apart from the primary objective of bringing about sound and healthy relations between employers and employees, Industrial relation aims 1. To facilitate production and productivity 2. To safe guard the rights and interests of both labour and management by enlisting their co- operation. 3. To achieve a sound, harmonious and mutual beneficial Labour - Management relations.
4.To avoid unhealthy atmosphere in the industry 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.
Grievance Function in Industrial Relations There is hardly a company where the employees do not have grievance of one kind or other. A grievance produces unhappiness, discontent, indifference, low morale, frustration etc. Ultimately it affects employees’ concentration, efficiency and productivity. A large number of work stoppage, shop floor incidents and strike could be attributed to the faulty handling of grievances. Prompt and effective handling of grievances is the key to industrial peace.
Grievance is a rust on human relations. Grievance can be conceived in several stages. Dissatisfaction may or may not articulated. When it takes some shape and brought to the notice of some authority then it is seen as complaint. A Compliant is a formal representation of a grievance. An individual grievance if not settled under the Grievance process it assumes the form of an Industrial disputes and attracts disputes settlement provisions. Basically grievance is a complaint of one or more workers covering such areas of wages, allowances, conditions of work, over time, leave, transfer, promotion, etc
Informal and formal presentation of grievance have 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. Hasty actions without properly ascertaining facts helps to aggregate the situation hence it is better only to have a systematic grievance redressal procedure which would (i) be simple, fair and easy to understand (ii) encourage employees to put forth their grievance (iii) function promptly and expediously (iv) gain employees confidence and (v) promote healthy relations between employees and the company.
Discipline function in Industrial Relations In any industry, discipline is an useful tool for developing, Improving and stabilizing the personality of workers. Industrial discipline is essential for smooth running of an organization, for increasing production and productivity for maintenance of Industrial peace.
Dictionary meaning of Discipline 1.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 individual or a group to observe/adhere rules, regulations and procedures which are deemed to be necessary to the attainment of an objective.
Aims and Objectives of discipline The main Aims and Objectives of discipline are 1.To obtain willing acceptance of rules, regulations and procedures of an organization so that organizational objectives can be attained. 2.To develop among employees a spirit of tolerance and a desire to make adjustments. 3.To give and seek directions and responsibilities.
4.To create an atmosphere of respect of human personality and human relations. 5.To increase the working efficiency and morale of employees. 6. To impart an element of certainty despite several differences in informal behaviours patterns and other related changes in an organization. Disciplinary actions have serious repercussions on the employees and on the industry and therefore must be based on certain principles in order to be fair, just, and acceptable to the employees and their Union.
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 of grievance, lack of commitment of worker, absence of occupational status, low wages, unfair labour practice, bad working conditions and lack of effective management practice etc.
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 or punishment. In brief, the approach to the disciplinary action in most cases should be corrective rather than punitive.
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 Conciliation for promoting the settlement of Industrial disputes. It consists of independent Chairman and two or four other members
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
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
the confidential note submitted by the conciliation officer may refer or refuse to refer the dispute to the Industrial Tribunal or Labour Court as the case may be for adjudication. If the Parties at the time of Conciliation proceeding so desires the Industrial dispute is referred for voluntary arbitration to the persons unanimously agreed by them.
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 National Tribunals under the Industrial Disputes Act. By and large, the ultimate legal remedy for the settlement of an unsolved dispute is its reference to adjudication by the appropriate Govt. This reference of dispute for adjudication is also at the discretion of the Govt.
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.
Trade Union and Industrial Relations Functions 1.To secure for workers fair wages. 2.To safeguard security of tenure and Improve conditions of service 3.To enlarge opportunities for promotion and training. 4.To improve working condition and timing condition.
5.To provide for educational, cultural and recreational facilities. 6.To promote identity of interests of the workers within their industry. 7.To offer responsive co-operation in improving levels of production and productivity discipline. 8.To promote individual and collective welfare.
Collective Bargaining Collective bargaining is the process of joint decision making and basically represents a democratic way of life in an Industry. It establishes a culture of bipartition and joint consultation in industry and a flexible method of adjustment to economic and technical charges. In an industry. It helps in establishing industrial peace without disrupting either the existing arrangements or the production activities.
Legal frame works – Labour constitution Constitution 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
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 adjudication authorities as final. The only remedy is that aggravated party can resort to constitution remedies, namely, writ under Articles 32, 226 & 227 and appeals under Articles 133 and 134 of the Constitutional of India.
Disciplinary Proceedings in Industry An 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.
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.