Dynamics on Industrial Relations
Dynamics on Industrial RelationsRegistration: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;Formalities2 Months previous notice to be
given by the RegistrarThe Indian Trade Union Act, 1926Rights and
Privileges of a Registered Union;Immunity from Criminal conspiracy
to members and office bearersImmunity from Civil Suits to members
and office bearers
UNION RECOGNITIONHow to recognise a union?How to decide the
representative character of rival union?What should be the role of
minority union? 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
RetrenchmentThe failure of the employer to provide employment
due to breakdown of machinery, shortage of raw material, power etc.
Section 2 (kkk)
Lay OffApplicability: 300 or more workmenNon seasonalEmployers
Responsibility:Prior notice to workmen(30 days)Application for
permission to appropriate govtCompensation(15 days salary for every
completed year of service)Eligibility for Compensation:Must not
badly or causal workmenOne year continuous employmentMethods: Last
come, first go:
RetrenchmentApplicability: 300 or more workmenNon
seasonalEmployers Responsibility:Application for permission to
appropriate govtCompensation(50% of salary)Duration(45
days)Eligibility for Compensation:Must not badly or causal
workmenOne year continuous employment
Lay OffAn 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.
CLOSUREEmployers Responsibility:Prior notice to workmenPrior
notice to govt(60 days)Compensation(15 days salary for every
completed year of service)Unavoidable circumstances-Not Exceeding 3
monthsClosure within two years-No Compensation
Eligibility for Compensation:Must not badly or causal workmenOne
year continuous employment
ClosureIndustrial Disputes Management(Prevention &
Settlement)Collective BargainingNegotiations 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
employmentResolving a dispute with the interference of a third
party.Voluntary ArbitrationIndustrial RelationsDale Yoder:
Industrial relations is the relationship between managements,
employees or among employees and their organizations that
characterize or grow out of employment.
PARTIES TO IRsEmployers and their AssociationsEmployees and
their UnionsGovernmentSociety
Dominant Aspects of Industrial RelationsGrievance
RedressalGrievances 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 RedressalIR PROBLEM: SYSTEMS APPROACHIR
PROBLEM:Dunlops Model of IRSCONTEXT
IDEOLOGYRULES AND REGULATIONS
FEEDBACKACTORS
ACTORSEmployers and their AssociationsEmployees and Their
UnionGovernmentCONTEXTTechnologicalMarketPowerIDEOLOGYActors
IdeologyRULES & REGULATIONSCompensationPerformanceDisciplineIRs
& Labour LegislationsThe Trade Union Act, 1926The Industrial
Employment (Standing Order) Act, 1946The Industrial Disputes Act,
1947The Factories Act, 1948
