The legal framework of Industrial Relations

Role of State in IR NCL (1969): The concern of the State in Labour matters emanates as much from its obligations to safeguard the interest of the workers and employers as to ensure to the community the availability of their joint product/services at a reasonable price.

Basic Influencers Philosophy of Governance –Emphasis on Human values and Rights of Individuals –Establishment of a Just Social & Economic Order Stage of Economic Development –Strategies for growth and human development Social Policies –Policies for Employment generation –Policies for Community health and social security –Policies for promoting Social Harmony

1.Community prescriptions 1.Constitutional prescriptions 1.5-year Plan prescriptions 1.Legal/Judicial prescriptions The Labour Policy – How it evolved?

1. Prevent Exploitation of Labour - Strengthen the Bargaining position of workers Law  Trade Unions Act, 1926  Indirect recognition of “Right to Strike” Community Prescriptions

2. Maintain peace and harmonious living in the society Law  Industrial disputes Act, 1947  Regulation of Industrial Disputes  Work place coordination – works committee

Community Prescriptions 3. Define conditions of work/employment Law-> Industrial Employment (Standing orders) Act, 1946  Employer must state the terms of employment clearly  Employee must get to know the term before he works

The Indian Constitution The Fundamental Rights The Directive Principles of State Policy The Division of Powers – 7 th Schedule

Right to Equality: Equal employment opportunity Equal wages for equal work Right to Freedom: Protection of Life (Livelihood) Freedom to form association Freedom of speech and expression Right against exploitation: Prohibition of forced / bonded labour Protection against Child labour The Fundamental Rights

IR Objectives of Plans : 1.Promote welfare of the working class To create an environment conducive to labour management cooperation and harmonious relations through adoption of suitable institutional frame-work. Ensure economic stability and progress of India To prevent Industrial Disputes and Create machinery for settlement of industrial disputes Labour Policy in 5 – Year Plans

State to empower itself through suitable legislations and administrative action to promote IR harmony Labour inspection machinery for Law enforcement Workers rights to organize and form associations for collective bargaining Workers can resort to Strike (non-disruptive) Wage Board machinery for Living Wages Central Labour Institute – training & productivity research 1 st Plan (1951 – 56)

2nd Plan (1956 – 61) To implement Industrial Policy Resolution, 1956 Stress on Discipline, Production & Productivity –Code of Discipline in Industry(1958) Emphasis on bipartite negotiation, conciliation, voluntary arbitration Standing joint consultative machinery Labour tribunals Restriction on union office-bearers composition

3rd Plan (1961– 66) To consolidate gains of 2 nd Plan implementation Code of Discipline Industrial Truce Resolution (1962) Voluntary Arbitration preferred over Adjudication Workers Participation in Management –Copartnership, narrowing status gap, Worker-Managers Intensive programme on Workers education Union leadership development from within

4th Plan (1969– 74) To consolidate gains of 3 nd Plan implementation Positive trade unionism Emphasis shifted to Collective bargaining Workers Participation in Management –Productivity, Labour-Management cooperation Employment generation programmes –Investments in Rural Infrastructure, Power, Roads, Water

5th Plan (1974– 79) To strengthen IR and Conciliation machinery Better enforcement of labour laws Curb inter-union strife / integration of movement Training of Labour Officers Research on Labour statistics and Lab. Relations Wages and productivity improvements Stress on Professionalism in Management

6th Plan (1980– 85) Emphasised on 3-dimensional aspects of IR Recognised Community as a important party Industrial Harmony held indispensable for Nation National wage policies to plug differntials Minimum wage and Bonus – basic issues to address Speedy justice for Labour – No of Courts increased Simplification of Dispute settlement procedure

Improve labour-management relations to achieve the Development objectives of Plan Avoid inter-union & intra-union rivalry Define responsibilities of Unions and Management Protection of labour from industrial sick-ness Asset utilisation, technology upgradation and modernisation 7th Plan (1985– 90)

Attention to working conditions, welfare & social security Enforcement of labour laws for women, children and workers in un-organised sector Ensure quality of employment Encouragement of worker’s participation in management Training and skill development of workers Flexibility to adjust to technology upgradation 8th Plan (1992– 97)

Generation of productive employment Review of labour laws to weed out redundancy Review of regulations/administrative orders Extension of social assistance Creation of conditions for improving labour productivity with social security 9th Plan (1997– 02)

The Legal Prescriptions Laws dealing with Rights of Workers Laws dealing with Welfare of Workers Laws dealing with Social Security Law dealing with Industrial Relations

Laws enforcing Workers Rights Trade Union Act, 1926 Payment of Wages Act, 1936 Industrial Employment Standing Orders Act, 1946 Minimum Wages Act, 1948 Payment of Bonus Act, 1965 Contract Labour (R&A) Act,1970 Equal Remuneration Act, 1976

Laws enforcing welfare of Workers Factories Act, 1948 The Plantations Labour Act, 1951 Mines Act, 1952 Shops and Commercial Establishment Acts

Laws enforcing Social security Workmen’s Compensation Act, 1923 Employees State Insurance Act, 1948 Employee Provident Fund & Misc Act, 1952 The Maternity Benefit Act, 1961 The Payment of Gratuity Act, 1972 Child Labour (Prohibition & Regulation Act, 1986

Laws governing Industrial Relations The Trade Unions Act, 1926 The Payment of Wages Act, 1936 The Industrial Disputes Act, 1947 The Factories Act, 1948 Industrial Employment Standing Orders Act, 1948 The Payment of Bonus Act, 1965 Contract Labour (Regulation & Abolition) Act, 1970

Eight-hour working day Free medical aid Estt. of Welfare Department Formation of works committees for handling complaints concerning service conditions and grievances Leave with pay Employees’ Provident Fund Scheme Provision of LawTisco TISCO Prescriptions – Labour Laws Factories Act Emp State Ins Act Factories Act Industrial Disputes Act Factories Act Employees’ Provi- dent Fund Act Title of Law Law

Workmen’s Accident Compensation Scheme Technical Institute for apprentices, craftsmen and engineering graduates Maternity benefit Profit sharing bonus Retiring gratuity Workmen’s Compensation Act Apprentices Act Maternity Benefit Act Payment of Bonus Act Payment of Gratuity Act Provision of LawTitle of LawLawTisco TISCO Prescriptions – Labour Laws

Hours of Work (Industry) Night Work (Women) Minimum Age (Industry) Right of Association Weekly Rest (Industry) Factories Act, 1948 Mines Act, do- Employment of children Act, 1938 Trade Union Act, 1926 Fact-1948/Mines-1952 Motor Transport Workers Act, /1919 4/1919 5/ / /1921 Provision of ConventionTitle of LawINDIA Rat/Yr ILO Con/Yr I.L.O. Prescriptions – Labour Laws

Workmen’s compensation (Occupational diseases) Equality of Treatment (Accident Compensation) Minimum Wage Fixing Machinery Protection against Accidents (Dockers) Underground Work (Women) Labour Inspection W.Comp. Act, 1923 E.S.I Act, do- Min.Wages Act, 1948 Indian Dock Labourers Act, 1934 Mines Act, 1952 Factories/Mines/Wage Shops/Transport Acts / / / / / /1947 Provision of ConventionTitle of LawINDIA Rat/Yr ILO Con/Yr I.L.O. Prescriptions – Labour Laws

Equal Remuneration Minimum Wage (Under Ground) Work Protection against hazards of poison (Benzene) Workers Organization Labour statistics Equal Rem.Act, 1976 Mines Act, 1952 Factories Act, 1948 Trade Union Act, 1926 Collection of Statistics Act, / / / / /1985 Provision of ConventionTitle of LawINDIA Rat/Yr ILO Con/Yr I.L.O. Prescriptions – Labour Laws