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INDUSTRIAL RELATIONS AND LABOUR LAW Unit II
INDUSTRIAL RELATIONS AND LABOUR LAW Unit II
after independence, unions in the era of liberalization; concept, objectives, functions and role
of Trade Unions in collective bargaining; problems of Trade Unions. Labour problems:
Discipline and misconduct; Grievance Handling Procedure; Labour turnover; Absenteeism;
Workers’ participation in management.
The earliest trade union was formed in Bombay when textile mills were established in 1851.
Trade unions also emerged in Calcutta in 1854 with the establishment of jute mills there.
Shorabji Shapuri Bengali and C.P. Mazumdar were among the pioneers of these early labour
uprisings in the country.
The first factory Commission was set up in 1879 to study the problems of workers. In 1891,
the first factory act- The Indian factory Act was passed but it remained ineffective. The Second
Factory Commission was formed in 1884 to which a memorandum signed by Narayan Meghji
Lokhande along with 5300 workers was submitted. Thus Lokhande emerged as the first trade
union leader of India. In the year 1890, Lokhande arranged a mass rally of 10,000 workers,
where two women workers demanded Sunday as weekly off. Simultaneously, the first
memorandum was submitted to Mill Owners’ Association who accepted the demand. This
event was recognized as the first trade union victory in the country. This trade union rally led
to the formation of the first trade union called ‘Bombay Millhands Association’. However, the
union had no funds, office bearers and committee members.
This was followed by the formation of other trade unions across the country and organized
strikes started taking place. Trade unions like Ahmedabad Weavers (1895), Jute Mills, Calcutta
(1896), Bombay Mill workers (1897) and the Social League (1910) were formed. Some of the
notable strikes that took place around this time were by the Madras Press Workers (1903),
Printers Union, Calcutta (1905) and the Bombay Postal Union (1907). The strike of the Madras
Textile Workers (The 1921 Buckingham and Carnatic Mills Strike was a strike by the workers
of Buckingham and Carnatic Mills in the city of Madras that is now called Chennai) was
remarkable. As, V. Kalyanasundaram Mudaliar, the leader of the strike puts it
“… There have been many lock-outs and strikes in the world. It is said that the Gret Steel
Sorkers’ strike in America was the biggest of them. The lock-out and the strike of Madras
Textile Workers (1921) stand on par with that…”
Thus, the trade union movement began to gather momentum in the country. The Madras
Labour Union was formed in 1918 with B.P. Wadia as the president. Wadia, an ex-member of
the Indian Home Rule League, was the president of five trade unions in Madras. One of the
foremost influential trade union leaders in India, he said that the economic aim of the Indian
Labour movement is not only to get higher wages and other benefits but to completely eradicate
wage slavery. Despite the absence of legal protection and facing bullets and intimidation threats
from the employers, the union achieved dignity and improved conditions.
Another important figure in the trade union movement in India was N.M. Joshi. In 1921,
Joshi was quite influential in persuading the Government of India to accept the resolution
moved by him in 1921 in the Central Legislative Assembly requesting for the legislation for
the registration and protection of trade unions. It was after 5 years that the Trade Unions Act
of 1926 was enacted. There was a rise in the membership of trade unions during this time which
but declined during the Great Depression of 1930. In 1934, the number of trade unions in India
was 191.
The International Labour Organization (ILO) was formed soon after the first World War
in 1919. The formation of ILO was instrumental in inspiring the leaders of India towards the
formation of All India Trade Union Congress (AITUC), the first national-level trade union in
India in 1920. Lala Lajpat Rai was elected as its first president who later also attended the ILO
Conference in Geneva in 1926. Other national-level trade unions were also formed
subsequently. The most notable among these were Indian National Trade Unions Congress
(INTUC) in 1947, the Hind Mazdoor Sabha (HMS) in 1948 and the Centre of Indian Trade
Unions (CITU) in 1970.
Trade Unions in India have grown since then. As per data obtained from the Labour Bureau,
the total number of registered trade unions across the country numbered to 11556 in 2013 and
the average membership per union was 1283. Amidst the well-known fact that the degree of
unionism is not very high in India, the concentration of union membership is high in critical
sectors like banking, insurance, railways, postal services, ports, telecoms and power (Sundar,
2008). In addition, in recent decades, the stronghold of the political unions has been challenged
by the growth of enterprise unions. The prevalence of the Liberalization, Privatisation and
Globalisation (LPG) model in India since 1991, along with the various labour flexibility
measures adopted by employers, and the decline in jobs in the organized sector are creating
challenges to unions, which are also simultaneously, providing opportunities to restructure the
union movement.
TRADE UNION MOVEMENT: Before Liberalization:
TU movement was divided according to ideologies after
independence and regional parties came to power in different states with each political party
having its trade union wing (Venkatratnam:2006:87). India’s socialist democratic policies
protected both workers and TUs. The relation between employee and employers are always
bound by legislations and jurisdictions but not by suo – motto, human resource approach (Rao
& Patwardhan: 2000:128). Public sectors were expanded and allowedthe white collar workers
in banks and insurance sectors to organize themselves (Mamkottam: 2000:92). Power of unions
grew along with the number. Political parties found the unions a strong medium. For fear of
losing power, ruling parties heeded to the demands of the TUs (ibid.). The situation continued
till the declaration of emergency by the late Prime Minister Mrs. I.Gandhi. This period of
emergency had seen the decline in power of TUs. But soon, the lower level TUs were revived
to become militant (ibid.). As a result, the management, especially in the public sector became
weak partner in IR. Strikes and indiscipline increased with loss of working days, especially in
the essential service sectors like hospitals, airways, railways and telecommunications and
postal services (ibid.). Productivity and performance were declined as a result of strike earning
the displeasure of public making the TUs responsible for the decline. When the other countries
were progressing forward in their export policies, India was lagging behind in technology and
quality to compete in the global market because of the rigid laws that did not allow flexibility,
which is crucial for globalization.
After Liberalization:
Introduction of neo-liberal policies had created fear in the
minds of people that technological changes would reduce the number of labour-intensified jobs
(Mamkottam: 2000:100). TUs registered their disapproval (ibid.). Unions in public sector
rejected the offer of discussion and also threatened to boycott and opposed the implementation
of various measures announced by the government (ibid.). Technological changes and other
measures of liberalization at the work place made the unions helpless (ibid: 101). Management
adopted soft policies towards workers and their attitude towards unions is changed. Many
employers migrated to cheap labour and non-unionized settings (ibid.103). State’s welfare
policies have been rolled up. Organized sector shrunk in size giving rise to informal economy.
Even though it is difficult to say that the TUs have declined in size, bargaining power of the
unions is on the decline (Mamkottam: 2000:101). Number of strikes and the workers involved
in strikes has been reduced. Independent/enterprise unions sprang up. National TU centres
seem to be losing their control over enterprise unions (ibid: 2000:106.). Unions who earlier
opposed to technological up gradation have gradually agreed to the same in return for linking
wages with productivity (Mamkottam: 2000:101). All these indicate that central unions are
losing ground (ibid: 104).
TRADE UNIONS
An organized association of workers in a trade, group of trades, or profession, formed to protect
and further their rights and interests.
1. Lack of Balanced Growth: Trade unions are often associated with big industrial houses.
A vast majority of the working population is without any union backing. The entire
agricultural sector is highly unorganized in India. The agricultural workers are subject to
all kinds of exploitation. The same is true with respect to those working in small scale
and cottage industries. Lack of balanced growth of trade unions in all sectors is one of
the major weakness of the trade union movement in India.
2. Low Membership: Trade unions , with the exception of few have low membership. This
is because many employees are not willing to join unions although they are ready to enjoy
the benefits arising out of the union actions. The reasons for the hesitation of employees
to join unions include, among others, the need to take pat in strikes and such other
programmes, fear of pay cut and fear of punishment.
3. Poor financial Position: Low membership is one of the reasons for the poor financial
position of the unions. Moreover, the subscription payable by every member is kept low.
Some members may not even make a prompt payment of the small amount of
subscription. These are also not very many sources from which unions can get funds.
They may probably depend on contributions from philanthropists. The poor financial
position can only weaken the trade union movement.
4. Political Control: Most popular trade unions in India are affiliated to certain political
parties. These political parties are only keen on making every grievance of the working
class a political issue to attain political gains. As a result the problem only gets wide
publicity and remains unsolved.
5. Multiplicity of Unions: Often there exists more than one union within the same industry
each backed by a political party. These various unions have conflicting ideology. If one
union comes out with a strike proposal another union may work against it. As a result,
none of the unions is actually able to solve the problems of the workers.
6. Inter-Union Rivalry: The existence of many unions within a particular industry paves
way for what is called inter-union rivalry. These unions do not work together for the cause
of the workers. Each union may adopt a different approach to the problem. The inter-
union rivalry may become a more serious problem of the workers. As a result, the
employees are unable to derive the benefits of collective bargaining.
7. Lack of able Leaders: Another barrier to the growth of trade unions is the lack of able
leaders. Some union leaders give a strike call even for petty problems that can easily be
resolved through talks. On the other hand, there are leaders who have secret pact with the
management. They get bribes from the government and work against the interests of the
employees. Some leaders don’t convene a meeting of the general body at all even when
a crisis develops. They take unilateral decisions that are thrust on the employees.
8. Lack of Recognition: Most management is not prepared to recognize trade unions. This
happens because of any of the following reason.The existence of low membership that
reduces the bargaining power of the union. The existence of more unions within the same
industry.Inter-union rivalry. The indifferent attitude of the employees themselves towards
trade unions.
9. Opposition from Employers: Apart from the fact that most employers are not prepared to
recognize trade unions, they also do not let their employees from a union. This the
employers are able to achieve by adopting certain punitive measures like intimidating
employees victimizing union leaders, initiating disciplinary action against employees
indulging in union activities and so on.
10. Indifferent Attitude of the Members: Union leaders alone cannot be blamed for the
weakness of the trade union movement. The indifferent attitude of the members of certain
unions is also a barrier. Some members do not even make a prompt payment of the
subscription amount. The treasurer of the union has to go behind them, remind and
persuade them to pay Problem
Labour Problems
1. Surplus Labour Force:
Labour market in India is suffering from surplus labour force. A huge number of labourers
are rendered surplus due to lack of adequate demand arising out of both primary, secondary
and tertiary sector. Due to high rate of growth of population, a huge number of labour
forces is continuously being added with the existing labour force leading to a huge surplus
in the labour market.
2. Unskilled Labour:
Another major problem of labour market in India is that there is a growing number of
unskilled labourers in the country. In the absence of adequate vocational institutes, skill
formation among the labour force in the country is very slow. This huge number of
unskilled labourers fined it difficult to become self-employed and thus create a huge army
of unemployed in the country.
5. Work Culture:
Work culture among the Indian labour force is not at all good. Whatever work force is
absorbed in various productive sectors it is not adhered to healthy work culture. This has
been resulting in lesser economic surplus in the production system which restricts
indirectly its absorption capacity in future.
6. Militant Unionism:
Labour market in India is also facing the problem of militant unionism. In some productive
sectors and that too in some particular states, trade unions are not adhering to healthy
practices. This has led to militancy in the union structure and its activities, which is
detrimental for the greater interest of the nation.
7. Unemployment:
Labour market is also facing a serious problem of unemployment. A huge number of work
forces of our country remain partially or wholly unemployed throughout the year or some
part of the season. This has led to the problems like disguised unemployment, seasonal
unemployment, general unemployment and educated unemployment.
MISCONDUCT
Any act or omission on the part of an employee which is a breach of any duty, obligation or
assignment arising under or flowing from any law or contract of employment or service rules
or standing orders, settlements or awards or improper conduct or wrongful behavior is a
misconduct.
TYPE OF MISCONDUCTS
Minor Misconducts
The following acts or omission on the part of an employee shall amount to minor
misconduct:
1. Late coming
2. Absence from duty without leaves for a period of less than six days
3. Loitering, gossiping in department during working hours
4. Failure to ware tight clothes/specified uniform.
5. Negligence of duties or neglect of work.
Major Misconducts
The following acts or omission on the part of an employee shall amount to major
misconduct:
1. Wilful insubordination or disobedience of any lawful and reasonable order of a
superior.
2. Going on legal strike or abetting, inciting, instigation.
3. Wilful slowing down in performance in work or instigation thereof.
4. Theft, fraud or dishonesty in connection with the employer’s business or property.
5. Taking or giving bribes or any illegal gratification.
6. Habitual absenteeism without leave for more than 10 consecutive days or over
staying the sanctioned leave without sufficient grounds.
7. Habitual breach of any standing order or any law applicable to establishment.
8. Collection without the permission of the manager or any money within the premises
of establishment.
9. Engaging in trade within the premises of establishment
10. Drunkenness, Riotous, Disorderly or indecent behavior on the premises of the
establishment
v. Follow up:
Decisions taken must be followed up earnestly. They should be promptly communicated to the
employee concerned. If a decision is favourable to the employee, his immediate boss should
have the privilege of communicating the same. ce Handling Procedure
Objectives of a Grievance Handling Procedure
1. To enable the employee to air his/her grievance.
2. To clarify the nature of the grievance.
3. To investigate the reasons for dissatisfaction.
4. To obtain, where possible, a speedy resolution to the problem.
5. To take appropriate actions and ensure that promises are kept.
4. It saves employers time and money as solutions are found for workplace problems. It helps
to build an organizational climate based on openness and trust.
Labour Turnover
Definition: Labour turnover refers to the rate at which employees leave employment. Labour
turnover can be evaluated by relating the number of employees leaving their employment
during a period of time to the total or average numbers employed in that period
Absenteeism
Absenteeism refers to the habitual non-presence of an employee at his or her job. Habitual non-
presence extends beyond what is deemed to be within an acceptable realm of days away from
the office for legitimate causes such as scheduled vacations, occasional illness, and family
emergencies.
Understanding Absenteeism
Absenteeism refers to absence from work that extends beyond what would be considered
reasonable and normal due to vacation, personal time, or occasional illness. Companies expect
their employees to miss some work each year for legitimate reasons.
However, missing work becomes a problem for the company when the
employee is absent repeatedly and/or unexpectedly, especially if that employee must be paid
while he or she is absent. Absenteeism is also a particular problem if an employee is missing
in action during busy times of year, or during times when deadlines for major projects are
approaching.
While disability leave, jury duty obligations, and the observance of
religious holidays are all legally protected reasons for an employee to miss work, some workers
abuse these laws, saddling their employers with unfair costs in the process.
Burnout. Overworked employees with high-stake roles sometimes call in sick due to
high stress and lack of appreciation for their contributions.
Harassment. Employees who are habitually picked on—either by senior management
personnel or fellow staffers are apt to ditch work, in order to escape the relentless
unpleasantness.
Childcare and eldercare. Employees might have to miss extensive days of work if
they are charged with watching loved ones when regular hired caregivers or babysitters
become sick and are temporarily unable to fulfill their obligations.
Mental illness. Depression is the main cause of American absenteeism, according to
statistics from the National Institute of Mental Health. This condition often leads
individuals to abuse drugs and booze, which in turn causes further missed days of work.
Disengagement. Employees who feel dispassionate about their jobs are likely to blow
off work, simply due to the lack of motivation.
Injuries or illnesses. Illness, injuries, and doctor's appointments are the main reported
reasons employees don't come into work. The number of absentee cases dramatically
rises during flu season.
In the words of Mehtras “Applied to industry, the concept of participation means sharing the
decision-making power by the rank and file of an industrial organisation through their
representa-tives, at all the appropriate levels of management in the entire range of managerial
action”.
Levels of Participation:
Having known the objectives of WPM, the question then is to what extent workers can
participate in decision-making process. In other words, it is important to know the
extents/levels of co-determination in an organisation.
1. Informative Participation:
This refers to management’s information sharing with workers on such items
those are concerned with workers. Balance Sheet, production, economic
conditions of the plant etc., are the examples of such items. It is important to
note that here workers have no right of close scrutiny of the information
provided and management has its prerogative to make decisions on issues
concerned with workers.
2. Consultative Participation:
In this type of participation, workers are consulted in those matters which relate
to them. Here, the role of workers is restricted to give their views only. However
the acceptance and non-acceptance of these views depends on management.
Nonetheless, it provides an opportunity to the workers to express their views on
matters involving their interest.
3. Associative Participation:
Here, the role of the workers’ council is not just advisory unlike consultative
participation. In a way, this is an advanced and improved form of consultative
participa-tion. Now, the management is under a moral obligation to
acknowledge, accept and implement the unanimous decision of the council.
4. Administrative Participation:
In the administrative participation, decisions already taken are implemented by
the workers. Compared to the former three levels of participation, the degree of
sharing authority and responsibility by the workers is definitely more in this
participation.
5. Decisive Participation:
Here, the decisions are taken jointly by the management and the workers of an
organisation. In fact, this is the ultimate level of workers’ participation in
management.
Characteristics:
1. Participation implies practices which increase the scope for employees’ share
of influence in decision-making process with the assumption of responsibility.