HR, IR Admin and Legal Activities

HR RELATED SERVICES

HR policy( including strategic decision making) framing according to business & organizational needspreparation & recommendation of procedures & practices- HR data base management servicescustomization- data-base updating-MIS preparation-preparation of Organizational tree Reporting structure
review

Resource planning at various levels & categoriesContract of employment /Appointment letters

development- Employees contract drafting- Employment /service certificate/ Appreciation Note/ report fine
tuning / Recruitment processing-AD contents development- Profile preparation-competency- based JD
preparation-Induction process & procedures- HR Manual preparation

Wage & salary administration-Compensation & Benefits issues-Payroll management ( ERP based)generation of Pay slipsWages sheet generation-Register maintaining-Salary certificate generationsalary
review processes

HR related support services to different HODs including Directors, CEO/COO /MD/ Chairman based on
requisite inputs-statistics report generation

Planning for change managementpolicy decisions-implementation- Annual HR strategy planning in line with
business plan/strategy

Motivation/satisfaction/opinion survey ( general /specific employees/class of employees)

Transfer/ Promotion policy guidelines framingProcedure detailing-Interview arrangement & co-ordination

Assessment format development- Interview sheet preparation-Panel formation according to merits &
performance- communications-Obtaining managements approval- Job description for new/existing
roles( competency based)

Absenteeism management- Counseling- communication drafting- suggesting measures for effective reduction
of unauthorized absenteeism adopting discipline management processes

Talent acquition-- talent retention & attrition reduction management services

HR auditing- HR audit report generation -Decision auditing to learn from mistakes & sharpen future decision
making-Personal service File auditing- Report generation with suggestions for better record maintenance

Welfare schemes handling- implementation of welfare policies-welfare administration( LSA/birth day

celebration/co-operative issues-welfare fund issues-indoor & outdoor games/ picnic/ tours/ plantation/
observation of national holidays)- co-coordinating the initiatives of conducting Health, Safety & Environment
activities

Career planning management for professional growth- development of goal-oriented structures- periodic
review

Performance Management services- Formatting effective PA Forms with assessment sheets- KRA
preparation- Feed back of self appraisal- Performance based reward scheme development

Skill InventoryTraining calendar preparation based on skill inventory findings-skill building planning & policy
making with procedures building--gap analysis- manpower planning in tune with business plan or projects

Retention of rare skills/talents/assets of the company policy- Related training developments- procedures
framing-implementation assistance-satisfaction survey analysis

Exit interview arrangement / conducting & documentation with suggestion to Top management- policy revision
if required

Employee communication ( including bereavement communications)- content development-Display matters

preparation for Notice Board (educative & knowledge/awareness developing issues)- Notice Board
displays( statutory)

Organizational culture development policy framing- Assistance for implementing practices-periodical review
for betterment- motivation & morale building-creating a Trust-worthy work environment-developing mutual
relationships

Organizing Training & Development for workmen & executives on different need- based issues on
identification- module preparation-Training evaluation & post training impact feedback analysis with reporting

Suggestion scheme( for betterment/development/cost reduction/energy savings/accident prevention/process

control/productivity improvement etc.) floating arrangements-rewarding management-communicationsassistance implementation of accepted/approved suggestion

Potential survey analysis with interaction of identified employees- training needs assessment-module
preparation in tune with business needs based on Findings

Team building- Team management issues-interpersonal relationship building & networking-Reporting

structure building & streamlining

Assisting in implementing best HR practicesinternal survey of work environment-knowledge sharingsharing concern-surprise factor-rewarding factor-open management functioning-publicizing good
performers/contributors/achievers-Feedback securing from different sources & performance evaluation at
different levels-incentive for appreciated performance-suggestion box-innovation day observance- desk for
personal services-superior work-life value proposition-task-based committee formation with real authority &
many more

Suggesting measures for work-life balancing after interactive/counseling sessions ( individual /group)Flexible options- elimination of ill effects( stress management/ health issues

Downsizing of manpower- VRS scheme drafting, planning &implementation

Dealing with incentive policies vis--vis productivity norms ( not related to Industrial Engg.)- Agreement /policy
drafting- Deed of contract/modifications

HR MIS formatting periodic report generation to facilitate decision making

INDUSTRAL RELATION/EMPLOYEESRELATIONS

Union communication-Negotiation-dealing with grievances-Formation of Works committee- Dealing with

works committee proceedings- communication of WCs decisions

Settlement of Charter of Demands through negotiation-Bi-partite Agreement drafting ,presentation & finalizing

following settlement proceduresPreparation & finalization of Tripartite Agreement- preparation of agreed

minutes of the meetings with union- preservation of important documents- all sorts of union communication
Notification matters

Drafting & certification of Standing Orders- modification of standing Orders & rules, Service Rules-Induction
manual- HR manual drafting etc etc.

Dealing with legal issues-attending conciliation meetings- Tribunal cases- Court cases- liaison with
advocates-legal conferencing-representing management- petition drafting/verification/modification- systematic
sequential record keeping of court proceedings/verdicts/status reports

Conducting IR audit-interaction Assessing IR situation& report generation

Arrangement for constituting Sexual harassment committee (where female employees work)- advising for
holding meetings-record keeping & preservation as per Supreme courts directive

Grievance Handling mechanism preparation- addressing grievances ( both internal & external customers)communications to solution seekers-counseling-delving out root cause & finding best acceptable resolutionGrievance Redressal Mechanism preparation- communication-application of procedures for best restructured
resolve- Registers maintenance & preservation

Strategizing IR issues- -implementation of IR policies & practices- Arrangement for Union election- works
committee election for formation of works committee

Dealing with resignations/ quit/discharge/dismissal/ termination/retirement/ superannuation matters

Drafting of service rules- minutes of the safety committee & other meetings- scanning & preservation of IR
documents

Conducting internal safety audit vis--vis compliance reporting

Conflict management services & building up cordial inter-personal relationships

Discipline management services- drafting of warning/caution letters, show cause/ Charge sheets- suspension
order- appointment of Enquiry officer- liaison with EO-appointing of Managements representative ( MR)Notice of enquiry-holding domestic enquiry-Order sheet preparation- report & Finding generation- dismissal
communication preparation- awarding any other punishment

Employee communicationContent development for House JournalBengali translation

Preparation of policies on code of ethics & implementation procedures with review

PR & CSR ISSUES

Liaison with statutory & other Govt / Non-govt authorities, local bodies,local administration etc.- report
generation-action plan preparation

Initiation of finding out ways & means for community development- communication with various local
representative bodies- suggesting measures for development of societal relationships involving management
Developing CSR activities.

Giving ideas for CSR activities

ADMINISTRATIVE FUNCTIONS/ ESTABLISHMENT MATTERS

Security issues-intelligence networking process initiatives-protection of cos properties & lives of all stake
holders- manpower mobilization-system development-access control-fire safety issues-intelligence
networking-Discipline

managementvisitors
FIR drafting- dealing with associated legal matters

Liaison with local P.S, Municipalities/ Corporation/ Chamber of commerce/ neighboring companies BLROs

management

office- Telephone office/SDO s office/DM & SPs office

Canteen administration conducting administrative audit-statutory audit-system development

Mediclaim processing-liaisoning with TPA / Insurance company-Follow ups- Agreement drafting etc.

House journal/News letter content development- Bengali translation

Facility management-Guest House management-Hospitality management- AMC management services &

follow ups

Departmental budgeting- interactions with HODs-Annual activities reviewing etc. Prioritizing annual activities

OHC / Ambulance Room administration- Reception administration

STATUTORY & LEGAL MATTERS

Contract Labour management- Training on statutory compliances-statutory compliances of Principal

employers lawful obligations

Apprentice management services- Liaison with BOPT ( Govt of India)- Return submission- stipend
reimbursement process from BOPT

Statutory compliances under Factories Act, Bonus Act, Gratuity Act, Payment of Wages Act, Minimum wages
Act, Contract Labour (R&A) Act, Pollution Control Acts, Apprentices Act, Shops & Establishment Act,
Employees Compensation Act, ESI/PF Act/ID Act/WB Labour Welfare Fund Act, HRA Act, Employment
Exchange (Compulsory Notification) Act, Private Security Act, Municipality Act, Co-operative Societies Act ,
WB Subsistence Allowance Act etc.etc.

Conducting audit on labour laws & other laws of the land as per requirement- report generation

Agreement / Contract drafting modification-updating/ maintaining & preserving statutory records

Dealing with pollution control matters Application-NOC to Establish, NOC to operate

Written statement drafting- petition filing- Dealing with Tribunal /conciliation/Labour court/ High court casesco-coordinating with practicing lawyers- conferencing

Liaisoning with all statutory authorities

Dealing with Group gratuity case with LICI as required u/s 4A of the Gratuity Act,1972- Resolution
preparation-other document generation- liaison with LICI- etc.

Industrial relations
1. 1. L IA S R N T O S I U T S D A N L WI E L A R R & AB O L
2. 2. DEFINING IRIndustrial relations encompasses a set of phenomena, both inside and
outside the workplace, concerned with determining and regulating employment
relationshipRelationship between management and employees or among employees and
their organization that characterize and grow out of employment.
3. 3. THEORIES AND CONCEPTS USED TO ANALYSE INDUSTRIAL RELATIONS
Approaches Used to Define Industrial Relations (1) (1) Institutional-based definitions:
industrial relations are the sum of institutional processes that establish and administer the
rules regulating workplace relations (2) Social Psychology-based definitions: industrial
relations are the sum of social psychological interactions between individuals (3) Classbased definitions: industrial relations are the sum of institutions, interactions and processes
that are a product of wider social and economic influences, in particular the class divisions of
contemporary capitalism
4. 4. Approaches Used to Define Industrial Relations (2) Ddefinitions that seek to include all
matters contained in the first three definitions within other terms:(4) Human Resource
Management: contracts of employment (involving trade unions, worker collectives, labour

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courts and government agencies), as well as management of conflict arising out of the
personal interactions of individuals in the workplace, are part of labour management
functions ( i.e. recruitment, selection, training, development, performance management, and
so on)(5) Employment Relations (or Employee Relations): contracts of employment (involving
trade unions, worker collectives, labour courts and government agencies), as well as the
management of conflict arising out of the personal interactions of individuals in the
workplace, are part of workplace relations, together with the normal functions of Human
Resource Management.
5. OBJECTIVES OF IRTo enhance economic status of workerTo avoid industrial conflicts and
their consequencesTo extend and maintain industrial democracyTo provide an opportunity to
the worker to have a say in the management decision makingTo regulate production by
minimizing conflictsTo provide forum to the workers to solve their problems through mutual
negotiations and consultations with managementTo encourage and develop trade union in
order to develop workers collective strength
6. NATURE OF IRIR arise out of employer employee relationsIR is a web of rules: formed by
the interaction of Govt, industry & laborIR is multi dimensional: influenced by complex set of
institutional. economic & technological factorsIR is dynamic and changing: keep pace with
employee expectations, trade unions, employer associations and other economic and social
institutions of societyIR is characterized by forces of conflict and compromise. Individual
differences and disagreements resolved through constructive means.Govt influences and
shapes IR: with its laws, rules, agreements through executive and judicial machineryScope
of IR is very wide as it covers grievances, disciplinary measures ethics, standing orders,
collective bargaining, participatory schemes and dispute settlement mechanism
etcInteractive and consultative in nature: in resolving conflict,controversies and disputes
between labor and management.
7. SCOPE OF IRManagement Union relationshipEmployer Employee
relationshipRelationship amongst various groups of employeesEffect of extraneous factors
like state, socio-political- economic factors on workplace relationships
8. APPROACHES TO INDUSTRIAL RELATIONS Approaches to organisations Unitary
Pluralistic Marxist Authoritarian Co-operation Evolution Conflict Paternalism Revolution
Approaches to industrial relations Input Conversion Output Institutions Conflict Regulation
and (differences) (rules) processes Human Systems Social action Control of resource the
labourmanagement process Wider approaches to industrial relations Labour market
Comparative
9. UNITARY APPROACHIR is grounded in mutual cooperation, individual treatment, team
work and shared goals.Work place conflict is seen as temporary aberration, resulting from
poor managementEmployees who do not mix well with organization cultureUnions cooperate
with the managementManagements right to manage is accepted because there is no we
they feelingUnderlying assumption is that everyone benefits when the focus is on common
interest and promotion of harmonyBased on reactive strategy. Direct negotiation with
employeesParticipation of Govt, tribunals and unions are not sought or are seen as being
necessary for achieving harmonious employee relation

10. 10. PLURALISM(CONFLICT APPROACH )Pluralism is belief in the existence of more than
one ruling principle, giving rise to a conflict of interests.The pluralist approach to IR accepts
conflict between management and workers as inevitable but containable through various
institutional arrangements ( like collective bargaining, conciliation and arbitration etc) and is
in fact considered essential for innovation and growth.It perceives organizations as coalitions
of competing interests , where the managements role is to mediate among the different
interest groups.It perceives trade unions as legitimate representative of employee interestsIt
also perceives stability in IR as the product of concessions and compromises between
management and unions.Employees join unions to protect their interests and influence
decision making by the management. Unions thus balance the power between management
and employees. In pluralistic approach a strong unions is not only desirable but necessary
11. 11. MARXIST APPROACHMarxists like pluralists also regard conflict as inevitable but see it
as a product of capitalistic society where as pluralist believe that the conflict is inevitable in
all organizationsFor Marxists IR has wider meaning. For them conflict arises not because of
rift between management and workers but because of the division in the society between
those who own resources and those who have only labor to offer.Marxist approach thus
focuses on the type of society in which an organization functions.Industrial conflict is thus
equated with political and social unrestTrade Unions are seen both as labor reaction to
exploitation by capitalists, as- well-as a weapon to bring about a revolutionary social change.
Wage related disputes as secondaryFor them all strikes are political and they regard state
intervention ( via legislations and creation of Industrial Tribunals ) as supporting
managements interests, rather than ensuring a balance between the competing groups.
12. 12. SYSTEMS APPROACHIR - a social sub-system within the econ. & political
systemsComponents actors contexts (influences & constraints on decisions & action e.g.
market, technology, demography, industrial structure) ideology - beliefs affecting actor
views - shared or in conflict rules - regulatory elements i.e. the terms & nature of the
employment relationship developed by IR processes
13. 13. OTHER APPROACHES OF INDUSTRIAL RELATIONS ( DIFFERENT SCHOOLS OF
THOUGHT )PSYCHOLOGICAL APPROACHDifferences in the perceptions of labor and
management wrt factors influencing their relations i.e. wages. Benefits, services and working
conditions etcDissatisfaction compels workers to turn aggressive and resort to strike,
lockouts and gherao etc.SOCIOLOGICAL APPROACHSociological factors such as value
system, customs and traditions etyc affect the relations between labor and
managementHUMAN RELATIONS APPROACHHuman behavior is influenced by feelings,
sentiments and attitudes. As per this approach humans are motivated by variety of social and
psychological factors like economic and non-economic awards to be used.GIRI
APPROACHCollective bargaining and joint negotiations be used to settle disputes between
labor and management. Outside interference to be avoided.GANDHIAN APPROACHworkers
right to strike but cautioned that this right be exercised in just cause and in a peaceful and
non- violent manner for minimum wages etc like satyagrah- Non violent non- cooperation
14. 14. ROLES OF WORKERS,MANAGEMENT & GOVERNMENT

15. 15. PARTIES TO IR EMPLOYEES EMPLOYERS EMPLOYEE EMPLOYER-EMPLOYEE

EMPLOYER ASSOCIATIONS RELATIONS ASSOCIATION COURTS GOVERNMENT &
TRIBUNALS
16. 16. ROLE OF WORKERSWORKERS and their ORGANIZATIONS( Trade Unions or
Associations )Trade unions have a protecting role of safeguarding workers
interests,Regulating function of ensuring implementation of statutes / ActsEnsuring nonviolation of workers rightsTrade Union Act provides Status and Authority for the power vested
in themThis power is used for negotiating Wage Interests, better benefits and service
conditions, concessions, more amenities and welfare schemesStructure of Workers
organization or Trade unions differs from country to country
17. 17. ROLE OF MANAGEMENTAn organization is represented through officials designated in
the organization structure for coordination of activities relating to:Administering employee
benefitsRegulating terms and condition of employmentProviding welfare and social security
benefitsCoordination is done through graded hierarchical and formal communication
channels of orders and directivesStyle and manner in which employer organizations get work
and regulate the terms and conditions of employment affects the industrial relations of the
unit.
18. 18. ROLE OF GOVERNMENTGovt or state machinery regulates the relationship between
workers organizations and employers organizations.It does it through : - Statutes and
legislations, - The judiciary- labor courts industrial tribunals - An executive machinery- that
lays down rules, procedures and gives awards and monitors them
19. 19. EMPLOYMENT RELATIONSDunlops model
20. 20. FACTORS AFFECTING EMPLOYEE RELATIONSINTERNAL FACTORS:Attitudes of
management to employees and unionsAttitudes of employees to management and
unionsAttitudes of unions to unions to management and employeesPresent and likely future
strength of unionsEffective and agreed procedures for discussing and resolving grievances
or handling disputes within the companyInter union rivalries in case of more than one
unionEffectiveness and capability of managers and supervisors in resolving grievances and
handling disputes.Companys strategy wrt expansion, diversification, contraction ,
stabilization, turnaround and stagnation etcQuality of work life ( QWL), growth and
developmental opportunitiesDegree of Autonomy and Empowerment given to employees;
21. 21. FACTORS AFFECTING EMPLOYEE RELATIONSEXTERNAL FACTORS:Militancy of
unions- nationally or locallyAuthority and effectiveness of the employers familyThe extend to
which bargaining is carried out at national, local or plant levelThe effectiveness of any
national or local procedure agreements that may existEmployment situation nationally or
locallyLegal framework within which IR exists
22. 22. SOCIAL SECURITY( IMPACT ON EMPLOYEE RELATIONS )Social security is one of the
key components of labor welfareLabor welfare refers to all such services, amenities and
facilities to the employees that improve their working conditions as-well-as their standard of
livingSocial security benefits provided by an organizations should protect not only their
employees but also their family members including financial security and health care
etcSocial security envisages that the employee shall be protected against all types of social
risks that may cause undue hardship to them in fulfilling their basic needs.Accidents, job

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losses, retirement, sickness, death while on duty- these are realities of working life and leave
a person and his dependents vulnerableSocial security is an attempt by the employer and
the state io institute measures that mitigate such social risks
23. MAJOR LEGISLATIONSIndia being a welfare state has taken up itself the responsibility
of extending various benefits of social security and social assistance to its citizens.Although
the constitution of india is yet to recognize social security as a fundamental right, it does
require state to promote the welfare of the people by providing social, economic and political
justiceConstitution requires companies to make effective provisions for making effective
provisions for securing right to work, to educate and public assistance in case of
unemployment, old age, sickness and disablement. Securing just and humane conditions of
work. Raise level of nutrition and standard of living, improvement of public health etcA social
security division has been set up under the ministrybof labor and employment.In the context
of labor , social security aims at reducing risks against loss of earnings or earning capacity
due to old age,illness or work- related injuries.
24. Social security to the workers is provided through 5 major Acts:1. The Employees State
Insurance act, 19482. Employees provident Fund and Miscellaneous provisions Act3. The
Workers Compensation Act4. The Maternity Benefit Act5. The payment of Gratuity ActIn
addition there are large number of welfare funds also for some specific segmentsMajor thrust
of social security relating to labor is on: a) Provisions relating to medical facilities,
compensation benefits and insurance coverage incase if accidents, incapacity, illness etc.. b)
Provisions relating to provident fund and gratuity
25. TRADE UNIONS &INDUSTRIAL DISPUTES
26. WHAT IS A TRADE UNION?Definition: An organization of workers or employees formed
mainly to _ Negotiate with the employers on various employment related issues Improve
the terms and conditions at their workplace Enhance their status in societyIn most
countries, there are laws governing the formation, membership and administration of trade
unions.
27. ORIGIN & GROWTH OF TRADE UNIONMOVEMENTIndustrialization brought about new
economic and social order in societies. TU emerged as a result of industrialization in new
social orderFirst workers union in India under the leadership of Mr Lokhande was developed
in 1890Beginning of labor movement in the modern sense started after the outbreak of World
War IEconomic. Political and social conditions influenced the growth of trade union
movement in India.Establishment of ILO helped the formation of TUs in the countryIn 1920
AITUC( All India Trade Union Congress) was formed- the 1st All India trade unionWorld War
II brought splits in AITUC. Efforts of Indian National Congress resulted in the formation of
INTUC( Indian National Trade Union Congress)Socialists separated from AITUC formed
HMS( Hind Mazdoor Sabha) in 1948Some other unions were also formed. They were BMS
( Bhartiya Majdoor Sangh) in1955, HMP( Hind Majdoor Panchayat) in 1965, CITU( Centre of
Indian Trade Union ) in 1970
28. PRINCIPLE OF TRADE UNION1. UNITY: Unity is strength2. Workers must not be
discriminated wrt EQUALITY: caste, creed, sex etc. Each worker should get equal pay for
equal work3. Security of their employment and their SECURITY: families must be
safeguarded

29. 29. OBJECTIVES OF A1. TRADE UNION Collective bargaining Represent members to
negotiate with employers, for better wages and conditions of employment1. Safeguard jobs
Protect jobs of members1. Cooperate with employers For the benefits of members, resolve
disputes in a mutually acceptable manner
30. 30. OBJECTIVES OF A TRADE UNION activities4. Political - Support pro-union political
parties5. Social activities - Support members with recreation facilities and benefits for
unemployment, illness, retirement, death
31. 31. TYPES OF UNIONS1. Craft union Same craft or occupation1. General union For
unskilled workers1. Staff union Non-manual workers
32. 32. TYPES OF UNIONS4. Industry union Same industry, regardless of skills, occupation
or job4. House union (company or enterprise union) All members are from the same
company regardless of occupation or job
33. 33. WHY WORKERS JOIN UNIONS1. Higher wages and better working conditions
Collective bargaining with employer2. Job security More secured with collective
agreement3. Social need Meet co-workers from other departments or companies
34. 34. WHY WORKERS JOINUNIONS4. Upgrading of skillsAttend training courses organized
by union5. Peer pressureColleagues are members6. Self-fulfillmentServe other members
35. 35. OBJECTIVES/IMPORTANCE OF TRADE UNIONSWages & salaries Policy matter but
differences in implementation, so comes the role of trade unionWorking conditions
safeguarding workers health: Lighting & ventilation, sanitation, rest rooms, safety equipments
( hazards free atmosphere , drinking water, refreshments, working hours, leave & rest,
holidays with pay, job satisfaction, social security benefits and other welfare
measuresDiscipline Protect workers from victimization by management- transfers,
suspensions, dismissals etcPersonal policies Fighting against improper implementation of
personnel policies wrt recruitment, selection, promotion, transfer, training etc..Welfare
Solving difficulties of workers through collective bargaining wrt sanitation, hospitals, quarters,
schools, colleges and other basic amenitiesEmployer- employee relations Bureaucratic
attitude and unilateral thinking of mgmt may lead to conflicts Trade unions go for constant
negotiations for industrial democracy and peace.
36. 36. Negotiating machinery Based on give and take principle, negotiations continue till
parties reach an agreement. Protect interests of workers through collective
bargaining.Safeguarding organizational health Methods evolved for grievance redressal,
techniques adopted to reduce absenteeism and labor turnover. upgrading skills- attend
training courses organized by unions
37. 37. ACTIVITIES OF TRADE UNIONECONOMIC: Improved economic status, shorter working
day, improvement in living and working conditions, better health & safety standards,
upgrading welfare facilities, reducing inequalities- both internally & externallyPOLITICAL:
Seeking / obtaining political power through political affiliations, lobbying activities to influence
the cause of labor and legislations, participating & representing workers on bipartite forums,
developing revolutionary ideologies among workers, protesting against Govt.
decisionsSOCIAL: Initiating & developing workers education system, organizing welfare &
recreational facilities, providing monitory and other help during period of strike and economic

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distress, running cooperative welfare schemes and societies, hosing needs/ community
development, organizing cultural functions & social welfare programmesNATIONAL /
INTERNATIONAL LEVEL: Representing workers at the national level on advisory
committees, associating with national federations for unity & solidarity, Raising funds in case
of national / International calamities or tragedies
38. FEATURES OF AN EFFECTIVE TRADE UNIONInternally democraticHave a strong
leadershipExhibit a responsibility towards their worker membersCommitted to promote
industrial peace and harmonyInclined towards collective bargaining that is collaborative and
not competitrivePossess financial securityAdaptable to change
39. INDUSTRIAL DISPUTE AND INDIVIDUALDISPUTEIndustrial dispute means any dispute
or difference between employers and employers, or between employers and workmen or
between workmen and workmen, which is connected with employment or non-employment
or the terms of employment .The dispute has to be between plurality of workman and
employerIndividual workman cannot raise an industrial dispute
40. INDIVIDUAL DISPUTE DEEMED AS INDUSTRIALDISPUTE 1965 amendment to I.D
ACT and insertion of 2A. Where any employer discharges, dismisses, retrenches or
otherwise terminates the services of an individual workman, any dispute or difference
between that workman and his employer.shall be deemed to be an industrial dispute
notwithstanding that no other workman nor any union of workmen is a party to the dispute.
This definition is not applicable to disputes short of termination
41. FORMS OF UNREST/DISPUTESSTRIKES: A strike is spontaneous and concerted
refusal of work and withdrawal of labor from production temporarily. It is a collective stoppage
of work for pressurizing their employers to accept certain demands.TYPES OF
STRIKES:SYMPATHETIC STRIKE: To show sympathy with workers in other
industriesGENERAL STRIKE: Strike by all or most of the unions in an industry or a
regionUNOFFICIAL STRIKE: Strike undertaken without the consent of the
unionsSECTIONAL STRIKE: Refusal of a section of a given class of workers to perform their
normal dutiesBUMPER STRIKES: to paralyze the industry firm by firmSIT DOWN /TOOL
DOWN/PEN DOWN: Strike when unions plan strike and workers cease to perform but do not
leave the place of work:SLOW DOWN STRIKE: Go-slow tactic, workers do not stop working
but dot perform at their normal paceLIGHTNING STRIKE: Workers may go on strike without
notice or at very short notice with an element of surpriseHUNGER STRIKE: To gain
sympathy from public and get noticed by employer workers may decide to forego food for a
specified period. Such non-violent protests generally bring moral pressure on employers
42. FORMS OF UNREST/DISPUTESLOCK-OUTS:It is the counterpart of strike.It is the
weapon available with employer to close down the factory till the workers agree to resume
work on the conditions laid down by employer.If it is impossible to meet the demands of
workers, employers may decide o go for lock-outAn employer may also pull down the
shutters so as to bring psychological pressure on the workers to agree to his conditions or
face the closure of unitGHERAO:Gherao means to surroundGroup of workers initiate
collective action aimed at preventing members of he management from leaving the office.
This can happen outside the premises tooPersons who atre under gherao are not allowed to
move for a long time, sometime even without food or waterNational commission on labor has

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refused to accept it as a form of industrial protestPICKETING and BOYCOTTWhile picketing

workers carry/display signs ,banners and placards( In connection with dispute), prevent
others from entering the place of work and persuade others to join the strikeBoycott aims at
disrupting the normal functioning of an enterprise, Through forceful and negative behavioral
acts, strikers prevent others not to cooperate with employer
43. MANAGEMENT ACTION TO COUNTER STRIKESEMPLOYERS
ASSOCIATION:Employers may form their unions to collectively oppose the working class
and put pressure on trade unionsLOCKOUT:It is the counterpart of strike.An employer may
close down the place of employment temporarily. It is very powerful weapon available with
employer to pressurize workers till they agree to resume work on the conditions laid down by
employer.If it is impossible to meet the demands of workers, employers may decide o go for
lock-outAn employer may also pull down the shutters so as to bring psychological pressure
on the workers to agree to his conditions or face the closure of unitTERMINATION:Employer
may resort to suspension or disciplinary action leading to termination of workers on strike.
The list of employees so suspended or dismissed may be circulated to the other employer so
as to restrict their chances of getting employment with other employers.
44. CHANGING ROLE / PUBLIC PERCEPTIONTRADE UNIONSChange in the attitude of
unions towards management, Industry, Govt. and economyUnions becoming increasingly
matured, responsive and realistic Gone are the days of frequent strikes, bandhs, gheraoes
and violenceUnions are reconciled to economic reforms. The accent is on opposing the
adverse impact of reforms and not the reformsDiscussion among trade union circles is now
on issues like productivity, TQM, Technology, competition, MNCs, exports etc..Unions aware
of the Right Sizing and feel the need for suplus labor fat to be shedDays when unions were
affiliated with political parties are gone by. Today thrust is on de- politicization of
unionsExperience of politically free unions is pleasant, reinforcing the belief that farther the
unions are from politics, more advantageous it is for them
45. Workers association in our country is highly fragmented and the consequence is
multiplicity of unions, which weakens the bargaining strength of employees.One of the
defects of trade union movement in India has been the phenomenon of outside leadership.
The fault of outside leadership lies with trade Union Act, 1926 itself. The act permitted
outside participation to the extent of 50% of the strength of office bearers in a union.Trade
Unions are at cross roads. Their membership is declining, Their political support is waning,
public sympathy is receding, their relevance itself is at stakeManagements on the other hand
are on the offensive. They are able to force unions to accept terms and conditions.
Workers,officers and managers are mercilessly terminated in the name of restructuring,
downsizing etcProfessionalisation of trade unions movement is another trend witnessed, they
are trying to upgrade their leadership quality. Topics lie IT, strategic planning, diversity,
networking and productivity etc now form inputs in training programmes organized for union
leaders
46. TRADE UNIONISM IN INDIA TODAYUnionization according to
industry/region/state70,000 registered trade unions , many not regisered9 central unions, all
affiliated to political parties2 % of the union force unionizedPSUs: Industrial level collective
bargaining in coal/steel, enterprize level elsewherePrivate sector: Plant level collective

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48.

49.

50.

bargainingUnion density according to the size of of industryCraft unions in Govt transport

sectorUnionization in India under recessionTwin battle against Inter Union Competition and
assertive management
47. MAJOR PROBLEMS FACED BY TRADE UNIONSIN INDIAOutside or political
leadershipMultiplicity of trade unionsSmall size of unionsLow membershipUneven
growthPoor financial positionLow level of knowledge of labor legislationFear of victimization
48. TRADE UNION ACT (1926)It legalizes the formation of trade unions by allowing
employees the right to form and organize unions and also strengthen bargaining power of
workersAct aims to provide law for the registration of trade unions and get it registered under
the actPermits any seven persons to form a unionOBJECTIVESLay down conditions
governing the registration of trade unionsDefines obligations of trade unionsPrescribe rights
and liabilities of a registered trade unionSTATUS OF A REGISTERED UNIONIt becomes a
body corporateIt gets a common sealIt can buy and hold movable and immovable propertyIt
can enter into contracts with othersIt can sue and be sued in its name
49. TRADE UNION ACT (1926)REGISTRATION:A trade union formed with at least 7
members may apply for registration with following documentsA copy of the rules of trade
unionName, occupation and addresses of membersName of trade union and address of its
office Office Bearers of the trade unionsIn case already in operation- submit statement of
accounts/assets and liability statementOBLIGATIONS: It should have a name, clearly laid
down objective, membership list readily available, purpose for which funds shall be utilized,
members to be the actually working persons , Honorary/temporary office bearers, conditions
for benefits/fines, conditions under which rules shall be amended, manner in which office
bearers shall be appointed, safe custody of funds and manner in which trade union shall be
dissolvedRIGHTS AND LIABILITIES Section 15 of the Act provides for certain obligations
and liabilities of registered unionsIt also stipulates the purpose for which funds can be
utilizedTHE AMALGAMATION OF TRADE UNIONS:Any two or more registered unions may
get amalgamated together as one trade union
50. INDUSTRIAL DISPUTE ACT (1947)Ever expanding complex multi product/project
companies with diverse and conflicting interests of workmen and employers, growing labor
consciousness, resulting in strikes and lockouts, lead to the outcome of Industrial dispute
Act, 1947Main provisions of the Act are:Settlement machinery -Provides suitable machinery
for investigation, just, equitable and peaceful settlement of industrial disputes and aims to
provide justice both to employers and workmen - Collective bargaining, NegotiationAims at
promoting security, amity and good relations between employer and employee or between
employers and workmen or among workmenPrevent illegal strikes and lockouts and explains
the contingencies when these can be lawfully resorted to or when these can be declared
illegal or unlawful.Provide conditions and relief to workmen in the matters of lay-offs,
retrenchment, dismissals and victimization Last in first out in a retrenchment case or specific
reasons in case of othersProvides conditions under which an industrial unit can be closed
down 60 days notice to be given of intention to close down any undertaking Compensation to
workmen in case of closing downGet the workmen the right of collective bargaining and
promote conciliationLists down unfair labor practices on the part of both parties introduced in
1984

51. 51. MACHINARY FOE SETTLEMENT OF INDUSTRIALDISPUTESKEY PROVISIONS OF ID

ACT:COLLECTIVE BARGAINING:It is a technique by which disputes as to conditions of
employment are resolved amicably, by agreement rather than
coercionNEGOTIATIONCONCILIATION AND MEDIATION: It is facilitated negotiation,
essential in public utility services, Binding on parties to the disputesARBITRATION:Voluntary
Arbitration: agreement between workman and management, Send copy to the Govt and
conciliation officer, publication of agreementADJUDICATION
52. 52. Compulsory Adjudication LC, IT, NT Reference by the Appropriate Government Sec.
10(1) Award Sec. 18(3) of ID Act S. 2-A, 33-A Publication of awardConciliation (if successful
Judicial review - Art. 226 or Settlement) Art. 136 Sec. 18(3) of INDUSTRIAL The I D act
DISPUTES Voluntary Arbitration 10-A Award 18(2) & 18(3) Judicial review - Art. 226 or
Art. 136 Collective Bargaining If successful settlement Sec. 18(1) of ID Act
53. 53. PUBLICATION OF AWARDSPublication is mustTime duration of 30 days is
directoryAward comes in to operation 30 days after publicationTribunal to recall the award
54. 54. CONDITIONS FOR SUCCESSFUL BARGAINING1. Freedom of association Workers
and employers are free to form their own associations to represent their interests.1. Stability
of union Unions have to be stable for collective bargaining to be effective union is able to
honor the agreement.1. Recognition of union by employer Collective bargaining begins
after employer recognizes the union that claims to represent the specific group of workers.
55. 55. CONDITIONS FORSUCCESSFUL BARGAINING4. Good faith Both parties must be
willing to resolve differences to reach an agreement.5. Mutual respect Relationship
affected and process becomes tense and difficult if any party used unfair practices such as
victimization.6. Supportive legal system Employment laws to ensure process takes place in
an orderly manner.
56. 56. NEGOTIATIONSProcess depends on these factors: 1. Subject matter to be discussed 2.
Persons involved 3. Circumstances under which the discussion is held.A Typical Negotiation
Process begins with each party stating its position.As discussion progresses, each party
adjusts its demands to seek a mutually acceptable agreement.
57. 57. STEPS IN NEGOTIATION1. Preparation Each party must know what it wants.1.
Presentation Each party presents its case.1. Exchange and compromise Parties look for
possible adjustment or compromise.1. Reaching an agreement Parties sign a written
statement on what have been agreed.
58. 58. WAYS TO SETTLE DISPUTESImpasse: settlement cannot be reachedImpasses may be
solved by these alternatives:ConciliationMediationArbitration
59. 59. WAYS TO SETTLE DISPUTESConciliation Impartial third party helps the two parties to
reach a mutually acceptable settlement. Conciliator meets parties separately or together to
exchange information, clarify issues and settle misunderstanding. Conciliator does not
impose a solution but works with the parties to enable them to come to an agreement.
60. 60. WAYS TO SETTLE DISPUTESArbitration Third party settles the dispute by making an
independent decision for the two parties. Some prefer arbitration as the responsibility for
reaching agreement is made by a neutral party (quite often, appointed by the government

e.g. Arbitration Court). Arbitration gives some people the impression that they did not give
in to the other party but fought all the way to the Arbitration Court.
61. 61. WAYS TO SETTLE DISPUTESMediation Impartial third party helps to reach a mutually
acceptable agreement. Mediator makes recommendations for the two parties to consider.
Final agreement is made by the two parties themselves.

ndustrial relationship is about the relationship between an employee and

management. This page carries information about Industrial relations and its
concept through definition and description of industrial relation.

Industrial relations has become one of the most delicate and complex
problems of modern industrial society. Industrial progress is impossible
without cooperation of labors and harmonious relationships. Therefore, it is in
the interest of all to create and maintain good relations between employees
(labor) and employers (management).

Definition of Industrial Relations

Industrial relation is defined as relation of Individual or group of employee and
employer for engaging themselves in a way to maximize the productive
activities.

Concept of Industrial Relations:

The term Industrial Relations comprises of two terms: Industry and
Relations. Industry refers to any productive activity in which an individual

(or a group of individuals) is (are) engaged. By relations we mean the

relationships that exist within the industry between the employer and his
workmen. The term industrial relations explains the relationship between
employees and management which stems directly or indirectly from unionemployer relationship.
Industrial relations are the relationships between employees and employers
within the organizational settings. The field of industrial relations looks at the
relationship between management and workers, particularly groups of workers
represented by a union. Industrial relations are basically the interactions
between employers, employees and the government, and the institutions and
associations through which such interactions are mediated.
The term industrial relations has a broad as well as narrow outlook. Originally,
industrial relations was broadly defined to include the relationships and
interactions between employers and employees. From this perspective,
industrial relations covers all aspects of the employment relationship,
including human resource management, employee relations, and unionmanagement (or labor) relations. Now its meaning has become more specific
and restricted. Accordingly, industrial relations pertains to the study and
practice of collective bargaining, trade unionism, and labor-management
relations, while human resource management is a separate, largely distinct
field that deals with nonunion employment relationships and the personnel
practices and policies of employers.

The relationships which arise at and out of the workplace generally include the
relationships between individual workers, the relationships between workers
and their employer and the relationships between employees. The
relationships employers and workers have with the organizations are formed
to promote their respective interests, and the relations between those
organizations, at all levels.Industrial relations also includes the processes
through which these relationships are expressed (such as, collective
bargaining, workers participation in decision-making, and grievance and
dispute settlement), and the management of conflict between employers,
workers and trade unions, when it arises.

Need for Industrial Relation

Need of Industrial Relation has arisen to defend the interest of workers for
adjusting the reasonable salary or wages. It also helps the workers to seek
perfect working condition for producing maximum output. Workers/employees
are concerned with social security measures through this. Industrial Relations
is also needed for achieving the democracy by allowing worker to take part in
management, which helps to protect human rights of individual.