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Created Friday 22 September 2017
Credits : Wikipedia and other online resource
By: Mahakal

Industrial relations Defination

Protest against industrial relations reform in Melbourne on 15 November 2005

Industrial relations is a multidisciplinary field that studies the employment relationship.[1][2] Industrial relations is
increasingly being called employment relations or employee relations because of the importance of non-industrial
employment relationships;[3] this move is sometimes seen as further broadening of the human resource
management trend.

Industrial relations has three faces:

science building

problem solving

ethical.
In the science building phase, industrial relations is part of the social sciences, and it seeks to understand the
employment relationship and its institutions through high-quality, rigorous research.
and blah blah blah...

Industrial Disputes
Concept of industrial disputes:

In common parlance, dispute means difference or disagreement of strife over some issues be​tween the parties.
As regards industrial dispute, since its settlement proceeds as per the legal provi​sions contained in the ‘Industrial
Disputes’ Act, 1947, hence it seems pertinent to study the concept of industrial disputes from a legalistic angle.

The following principles judge the nature of an industrial dispute:

1. The dispute must affect a large number of workmen who have a community of interest and the rights of these
workmen must be affected as a class.
2. The dispute must be taken up either by the industry union or by a substantial number of workmen.
3. The grievance turns from individual complaint into a general complaint.
4. There must be some nexus between the union and the dispute.

Forms of Industrial Disputes:

Strikes:
Strike is the most important form of industrial disputes. A strike is a spontaneous and concerted withdrawal of
labour from production. The Industrial Disputes Act, 1947 defines a strike as “suspension or cessation of work by a
group of persons employed in any industry, acting in combi​nation or a concerted refusal or a refusal under a
common understanding of any number of persons who are or have been so employed to continue to work or accept
employment”.

According to Patterson “Strikes constitute militant and organised protest against existing industrial relations. They
are symptoms of industrial unrest in the same way that boils symptoms of disordered system”.

Depending on the purpose, Mamoria et. al. have classified strikes into two types: primary strikes and secondary
strikes.

(i) Primary Strikes:

These strikes are generally aimed against the employers with whom the dispute exists. They may include the form
of a stay-away strike, stay-in, sit-down, pen-down or tools- down, go-slow and work-to-rule, token or protest strike,
cat-call strike, picketing or boycott.

(ii) Secondary Strikes:

These strikes are also called the ‘sympathy strikes’. In this form of strike, the pressure is applied not against the
employer with whom the workmen have a dispute, but against the third person who has good trade relations with
the employer

General and political strikes and bandhs come under the category of
other strikes:

Lock-Outs:
Lock-out is the counter-part of strikes. While a ‘strike’ is an organised or concerted withdrawal of the supply of
labour, ‘lock-out’ is withholding demand for it. Lock-out is the weapon available to the employer to shut-down the
place of work till the workers agree to resume work on the conditions laid down by the employer.

Gherao:
Gherao means to surround. It is a physical blockade of managers by encirclement aimed at preventing the egress
and ingress from and to a particular office or place

Picketing and Boycott:

Picketing is a method designed to request workers to withdraw co​operation to the employer

Collective Bargaining
Collective bargaining is the negotiation process that takes place between an employer and a group of employees
when certain issues arise. The employees rely on a union member to represent them during the bargaining
process, and the negotiations often relate to regulating such issues as working conditions, employee safety,
training, wages, and layoffs. When an agreement is reached, the resulting “collective bargaining agreement,” or
“CBA,” becomes the contract governing employment issues. To explore this concept, consider the following
collective bargaining definition.

Specific rules in support of collective bargaining include:

There is a limit of one representative for each unit of employees

All representatives must promote the practice, and follow all procedures, of collective bargaining
Employers must bargain with the employees’ representatives
Employees and their representatives have the right to discuss wage issues

Collective Bargaining Process

The collective bargaining process involves five core steps:

Preparation – Choosing a negotiation team and representatives of both the union and employer. Both parties
should be skilled in negotiation and labor laws, and both examine available information to determine whether
they have a strong standing for negotiation.
Discussion – Both parties meet to set ground rules for the collective bargaining negotiation process.
Proposal – Both representatives make opening statements, outlining options and possible solutions to the
issue at hand.
Bargaining – Following proposals, the parties discuss potential compromises, bargaining to create an
agreement that is acceptable to both parties. This becomes a “draft” agreement, which is not legally binding,
but a stepping stone to coming to a final collective bargaining agreement.
Final Agreement – Once an agreement is made between the parties, it must be put in writing, signed by the
parties, and put into effect.

TYPES

Continuous Bargaining
Continuous bargaining is a method of collective bargaining in which ongoing negotiations between the employer
and the union representative take place. This may occur when the employer and union representative have a good
working relationship that enables them to continually make small changes to ensure positive employment policies.

Concession Bargaining
Concession bargaining is a method of collective bargaining that sometimes takes place when the employer is in
distress. In this situation, the union may give the employer back a previous agreement in exchange for job security
for the largest number of employees. For example, a union may give up paid time off in exchange for protection for
layoffs.

Benefits

It creates a feeling of shared control over employment issues and the decision making process.
Clearly defined employment policies reduce uncertainty.
A fair and effective grievance procedure increases faculty confidence that problem issues will be handled in a
fair and timely manner.
A negotiated agreement that addresses faculty concerns provides a sense of security.
The policy of collective bargaining puts pressure on both sides to act in good faith in regard to employment
practices.

Worker's participation in Management

Workers’ participation in management implies mental and emotional involvement of workers in the management of
Enterprise. It is considered as a mechanism where workers have a say in the decision-

The philosophy underlying workers’ participation stresses:

democratic participation in decision-making;

maximum employer-employee collaboration;
minimum state intervention;
realisation of a greater measure of social justice;
greater industrial efficiency; and
higher level of organisational health and effectiveness.

Definitions:
The concept of WPM is a broad and complex one. Depending on the socio-political environment and cultural
conditions, the scope and contents of participation change.

International Institute of Labour Studies:

WPM is the participation resulting from the practices which increase the scope for employees’ share of influence in
decision-making at different tiers of organizational hierarchy with concomitant (related) assumption of
responsibility.

ILO:
Workers’ participation, may broadly be taken to cover all terms of association of workers and their representatives
with the decision-making process, ranging from exchange of information, consultations, decisions and negotiations,
to more institutionalized forms such as the presence of workers’ member on management or supervisory boards or
even management by workers themselves (as practiced in Yugoslavia).

The main implications of workers’ participation in management as summarized by ILO:

Workers have ideas which can be useful;

Workers may work more intelligently if they are informed about the reasons for and then intention of
decisions that are taken in a participative atmosphere

The Factories legislation (u should grab main

points only )
The Bill amends the Factories Act, 1948. The Act regulates the safety, health and welfare of factory workers.
The Bill amends provisions related to overtime hours of work.

Power to make rules on various matters: The Act permits the state government to prescribe rules on a
 range of matters, including double employment, details of adult workers to be included in the factory’s
register, conditions related to exemptions to certain workers, etc. The Bill gives such rule making powers to
the central government as well.

Powers to make rules for exemptions to workers: Under the Act, the state government may make rules to
(i) define persons who hold management or confidential positions; and (ii) exempt certain types of adult
workers (e.g. those engaged for urgent repairs) from fixed working hours, periods of rest, etc. The Bill gives
such rule making powers to both, the central and state governments.

Under the Act, such rules will not apply for more than five years. The Bill modifies this provision to state that
the five-year limitation will not apply to rules made after the enactment of this Bill.

Overtime hours of work in a quarter: The Act permits the state government to make rules related to the
regulation of overtime hours of work. However, the total number of hours of overtime must not exceed 50
hours for a quarter. The Bill raises this limit to 100 hours. Rules in this regard may be prescribed by the
central government as well.

Overtime hours if factory has higher workload: The Act enables the state government to permit adult
workers in a factory to work overtime hours if the factory has an exceptional work load. Further the total
number of hours of overtime work in a quarter must not exceed 75. The Bill permits the central or state
government to raise this limit to 115.

Overtime in public interest: The Bill introduces a provision which permits the central or state government
to extend the 115-hour limit to 125 hours. It may do so because of (i) excessive work load in the factory and
(ii) public interest.

ILO
The International Labour Organization (ILO) is a United Nations agency dealing with labour problems, particularly
international labour standards, social protection, and work opportunities for all.[1]

Governing body
The governing body decides the agenda of the International Labour Conference, adopts the draft programme and
budget of the organization for submission to the conference, elects the director-general, requests information from
member states concerning labour matters, appoints commissions of inquiry and supervises the work of the
International Labour Office.

International Labour Conference

The ILO organizes the International Labour Conference in Geneva every year in June, where conventions and
recommendations are crafted and adopted. Also known as the "parliament of labour", the conference also makes
decisions about the ILO's general policy, work programme and budget.
In 1998, the 86th International Labour Conference adopted the Declaration on Fundamental Principles and Rights
at Work. This declaration contains four fundamental policies:

The right of workers to associate freely and bargain collectively

The end of forced and compulsory labour
The end of child labour
The end of unfair discrimination among workers

UUUUUNNNNNNNIIIIIIIIIIIIIITTTTTTTTTTTTTT
22222222222222

Trade Union
A trade union or trades union is an organization of workers who have come together to achieve common goals such
as
protecting the integrity of its trade (Objective)

improving safety standards

achieving higher pay
benefits such as health care and retirement
increasing the number of employees an employer assigns to complete the work
better working conditions.
Origin
The origins of trade unions can be traced back to 18th century Britain, where the rapid expansion of industrial
society then taking place, drew women, children, rural workers and immigrants into the work force in large
numbers and in new roles. This pool of unskilled and semi-skilled labour spontaneously organized in fits and starts
throughout its beginnings,[1] and would later be an important arena for the development of trade unions. Trade
unions have sometimes been seen as successors to the guilds of medieval Europe, though the relationship between
the two is disputed, as the masters of the guilds employed workers (apprentices and journeymen) who were not
allowed to organize.

Methods user by trade union

The use of collective bargaining.

Trade unions employ the use of collective bargaining to achieve improved working conditions for their members.
As the name implies, trade union leaders engage in dialogues with employers which sees them actually bargaining
with employers on wage increment. This is very common in times of inflation. When inflation hits a country hard, it
causes the real wages of workers to fall leading trade unions to call employers to the negotiation table to discuss
how best they can increase the wages of workers. Over the years collective bargaining has been used by trade
unions all over the world to negotiate for higher wages for their members.

The restriction of labor supply.

The restriction of labor supply is another very common way that trade unions use in achieving their objectives.
Here, trade unions intentionally make it difficult for new entrants to join their occupation. The purpose of this is to
prevent an increase in the supply of labor. When there is a decrease in the supply of labor, then wages can be
increased massively. Some of the restrictive measures that trade unions use to prevent new entrants from joining
the occupation is by making the process of training to join the occupation very long and cumbersome.

The institution of a legal minimum wage.

In order to fight for higher wages for their members, trade unions put pressure on the government to come out
with a legal minimum wage, below which it becomes illegal for any employer to hire and pay someone. For
example, if the government places the minimum wage at $15.00 per hour, then it makes it illegal for any employer
to hire and pay someone any amount below $15.00. This method is very important because it helps guarantee
workers reasonable and decent wage.

Making workers more productive.

Trade unions also tend to use the method of increasing the productivity of labor. They are able to make workers
more productive by giving them constant in-service trainings and advice. These constant trainings and advice play
very instrumental roles in helping make workers become more productivity and therefore leads to an increase in
the profits of their employers. When employers’ profits increase, employers give higher remuneration to workers.

The use of strikes and demonstrations.

Resorting to strikes and demonstrations are normally the last resorts that trade unions use to achieve their
objectives. The methods of striking and demonstrating are used by labor unions when all civil means of getting
employers to grant their demands could not work.

Trade unions in India

Trade Unions in India are registered and file annual returns under the Trade Union Act (1926).
Statistics on Trade Unions are collected annually by the Labour Bureau of the Ministry of Labour, Government of
India.
As per the latest data, released for 2012, there were 16,154 trade unions which had a combined membership of
9.18 million (based on returns from 15 States - out of a total of 36 States).[1]
The Trade Union movement in India is largely divided along political lines and follows a pre-Independence pattern
of overlapping interactions between political parties and unions. The net result of this type of system is debated as
it has both advantages and disadvantages.

The largest Federations in the country represent labour at the National level and are known as Central Trade
Union Organisations (CTUO)

Finance
Finance has become a problem to the unions in India. This may be because of
the poor economic status of their members. The employees would hardly meet
family expenditure because of the large nature of their family structure with the low
salaries. They do not find excess money to spare to unions

The main method are :

Subscription Rates

The membership subscription is the main source of income for any union.

donations,

struggle fund

fee for maintenance of the unions.

sale of periodicals

Factors responsible for small size

Heterogeneous nature of labour: Since workers come to the factory with varying backgrounds, it is difficult for
them to put a joint front in case of trouble. Employers exploit the situation, under the circumstances, by dividing
workers on the basis of race, religion, language, caste, etc.

Lack of Interest: For a large majority of workers, unionism even today remains a foreign issue. In fact, workers
avoid union activities out of sheer disinterestedness. Those who become part of the union, do not also participate
in the union work enthusiastically. In such a scenario, it is not surprising to find outside political leaders exploiting
the situation serve their own personal agenda.

Absence of paid office bearers: Weak finances do not permit unions to engage the services of full time, paid office
bearers. Union activists, who work on a part time basis, neither have the time nor the energy to take up union
activities sincerely and diligently.

Illiteracy:Workers in India fail to understand the implications of modern trade unionism. Their illiteracy
coupled with ignorance and indifference account for the predominance of outside leadership.Measures to
strengthen Trade Union Movement in India

Uneven growth: Trade unionism activities are, more or less, confined to major metros in India and traceable only in
large scale units (especially cotton textile. The membership fees should be raised as the amount of wages of the
workers increased significantly, compared to the situation in 1926 when Trade Union Act provided for the
collection of 25 paise per month per member as subscription fee. Even amended Rs.l/- is not sufficient. Some other
source of finance may also explored to make trade union financially healthy.

The following are some of the measures to minimise trade union

problems and to strengthen the Trade Union Movement of India.
a) United Labour Front
Unions must put a joint front. Splinter groups multiple unions dissipate their energies, dilute their power and
reduce their effectiveness. Trade unions should form a sort of labour party and all the trade unions in the country
should be affiliated to it. It givesadequate strength to the trade unions both industry and Parliament.

b) Efficient Leadership
Outside political leadership has developed due to the absence of internal leadership. Outside leadership is the
main cause for the multiple problems of the trade unions.These problems can be eradicated through the
development of leadership talents from within. Management should encourage internal workers to lead their own
movement. Management and trade unions should provide educational and training facilities for the development of
internal leadership.

c) Membership Fees

In order to make members updated Trade unions must organise continuous training and developmental
programmes. Future needs smart and responsive TradeUnions, if they have to survive and thrive.

d) The Trade Union Act should be amended in order to avoid dual membership.

e) There should be legal provision for the recognition of the representative union.

f) Unions should not intervene in day-to-day matters. They must focus on important issues affecting workers.