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Model Question IRLL-02
Model Question IRLL-02
Model Question IRLL-02
MBA (Semester-II)
End Semester Examination
Course Name:Industrial Relations And Labor Legislations
Subject Code: MMB2404
Instructions to Candidates:
1. All questions carry marks as indicated.
2. All the sub- questions (a, b, c, d, and e) ofQue.1 in Section A are compulsory.
3. Solve any two sub-questions in Que. 2 to Que.6 in Section B.
4. Assume suitable data wherever necessary.
5. Use of non-programmable calculator is permitted.
Section A
Que. 1. (a) Explain Trade Union. 2M (CO1)
Answer :
A trade union, also known as a labor union or simply a union, is an
organized association of workers or employees who come together to
promote and protect their common interests and rights in the
workplace. Trade unions aim to improve the working conditions,
wages, and benefits of their members, as well as ensure their safety and
security.
It's worth noting that minimum wages are subject to periodic review
and adjustments to account for changes in economic conditions and the
cost of living. The objective is to ensure that the minimum wage
remains relevant and adequate to meet the needs of workers in a given
jurisdiction.
(e) Define Gratuity. 2M (CO5)
Answer :
Gratuity is a lump-sum payment made by an employer to an employee
as a form of gratitude or appreciation for the employee's long and
faithful service to the organization. It is typically a retirement benefit
provided by employers to their employees upon completion of a certain
period of continuous service, usually five years or more.
It's important to note that the rules and regulations regarding gratuity
may vary across countries and jurisdictions. Some countries mandate
employers to provide gratuity benefits to their employees, while others
may leave it to the discretion of the employer or provide guidelines for
its implementation.
It's important to note that these factors interact and influence each other,
creating a dynamic and complex landscape of industrial relations. The
relative importance of each factor may vary across industries, countries,
and time periods, leading to diverse patterns and outcomes in labor-
management relationships.
Que. 3. (a) List out the preventive measures for Industrial Disputes and 5M (CO2)
explain them.
Answer :
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Preventive measures for industrial disputes are aimed at establishing a
harmonious relationship between employers and employees, ensuring
fair treatment, and creating a conducive work environment. Here are
some common preventive measures:
Nature of Dispute:
a. Trade disputes: These disputes arise between employers and
employees or between different groups of employees within the same
industry or establishment. They typically involve issues such as wages,
working conditions, promotions, or job security.
b. Jurisdictional disputes: These disputes occur between different trade
unions or groups of workers seeking to establish their authority or
control over a particular job or work area.
c. Grievance disputes: These disputes arise from individual or collective
grievances related to employment conditions, disciplinary actions, or
violations of employment contracts.
Scope of Dispute:
a. Individual disputes: These disputes involve a single worker or a small
group of workers with their employer. They are typically related to
specific employment terms or conditions.
b. Collective disputes: These disputes involve a larger group of workers,
often represented by a trade union or labor organization, negotiating
with employers or their representatives. The issues at stake may affect a
significant number of workers or have broader implications for the
industry or society.
Legal Framework:
a. Legal disputes: These disputes arise when parties seek legal remedies
through courts or other legal channels to resolve their conflicts. This
may involve filing lawsuits, seeking injunctions, or challenging the
legality of certain actions.
b. Non-legal disputes: These disputes are resolved through non-legal
means, such as negotiations, conciliation, mediation, or arbitration. The
focus is on finding mutually acceptable solutions without resorting to
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formal legal processes.
Clear Goals and Objectives: Both parties should have clear goals and
objectives for the bargaining process. This includes specific issues to be
addressed, such as wages, working hours, benefits, and other
employment conditions.
Preparation: Both the labor union and the employer prepare for the
bargaining process. The union establishes its bargaining team,
researches relevant information, and identifies its goals and priorities.
The employer also forms its bargaining team and gathers information on
its financial situation and other relevant factors.
Negotiation: The negotiation process begins with the labor union and
employer representatives meeting to exchange proposals and
counterproposals. These proposals address various issues, such as
wages, benefits, working hours, job security, and other terms and
conditions of employment. Both parties engage in discussions,
arguments, and compromises to reach mutually acceptable agreements.
It's important to note that the collective bargaining process can vary
based on local labor laws, industry practices, and the specific dynamics
between the labor union and the employer.
(c) Explain the significance/importance of Collective Bargaining. 5M (CO3)
Answer :
Collective bargaining holds significant importance for both employees
and employers, as well as for the overall industrial relations system.
Here are some key reasons why collective bargaining is significant:
Time of Payment: The act specifies that wages should be paid before
the expiry of the 7th day after the end of the wage period. The wage
period can be daily, weekly, fortnightly, or monthly, as determined by
the employer.
Minimum Wages: The act ensures that workers are paid at least the
minimum wages prescribed by the appropriate government authority.
The minimum wages should be paid in cash and not in any other form,
except for authorized deductions.
It's important to note that the Payment of Wages Act, 1936 applies to
specific establishments and industries as notified by the respective state
governments. Different states may have additional rules and regulations
related to the timely payment of wages that supplement the provisions
of the act.
(b) Write briefly on Provisions relating to Payment of Minimum 5M (CO4)
Bonus under Payment of Bonus Act, 1965.
Answer :
Under the Payment of Bonus Act, 1965, there are specific provisions
relating to the payment of minimum bonus to eligible employees. Here
is a brief overview of these provisions:
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Applicability: The Payment of Bonus Act applies to establishments
employing 20 or more persons. It is applicable to both private sector and
public sector establishments, including factories, mines, plantations, and
other specified establishments.
Maximum Bonus: The maximum bonus payable under the Act is 20%
of the employee's salary or wage.
Set-off and Set-on: The Act allows for the set-off and set-on of certain
amounts against the minimum bonus payable. The employer can set-off
certain statutory payments, such as previous years' losses and
depreciation, against the available surplus for the accounting year.
Time Limit for Payment: The Act stipulates that the bonus should be
paid within 8 months from the close of the accounting year. If there is
any dispute regarding the bonus, the employer must make a provisional
payment within the prescribed time limit.
Set-off and Set-on: The act allows the employer to set off any amount
already paid to the employee as an interim bonus against the payable
bonus amount. If the interim bonus exceeds the amount payable under
the act, no further payment is required. Additionally, any previous
losses incurred by the establishment can be set off against the allocable
surplus of subsequent years.
It's important to note that the specific aims and provisions of any
compensation act can vary significantly depending on the jurisdiction
and the specific legislation in question. If you have more details or
context about the specific act you're referring to, I may be able to
provide a more accurate response.
(b) Elaborate the provisions under Payment of Bonus Act 1965 5M (CO5)
Answer :
The Payment of Bonus Act, 1965 is a labor law in India that governs the
payment of bonuses to employees working in establishments that meet
certain criteria. The act ensures the payment of an annual bonus to
eligible employees as a share in the profits earned by the employer.
Here are the key provisions of the Payment of Bonus Act, 1965:
Set-off and set-on provisions: The act allows employers to set off
certain statutory payments, such as statutory provident fund
contributions, against the amount payable as bonus. Similarly, if an
employer has paid any bonus exceeding the minimum amount in any
accounting year, the excess can be set off against the amount payable in
subsequent years.
Payment of bonus: The act requires employers to pay the bonus within
eight months from the close of the accounting year. It also specifies that
the bonus should be paid in cash, although it allows the payment in the
form of shares or stock as per a relevant scheme approved by the central
government.
Medical benefits: The act aims to ensure that women employees have
access to necessary medical care during pregnancy and childbirth. It
requires employers to provide free medical care facilities, including pre-
natal and post-natal care, to women employees.
Awareness and information: The act aims to raise awareness about the
rights and benefits available to women employees under the act. It
encourages employers to display notices containing information about
the provisions of the act in a prominent place at the workplace.
The Maternity Benefit Act, 1961 is designed to protect and promote the
interests of women employees during their maternity period, ensuring
that they can maintain a healthy work-life balance and contribute to the
workforce without compromising their reproductive and child-rearing
responsibilities. The act acknowledges the significance of maternity and
strives to create a supportive environment for working women.
Que. 4. (a) Discuss the purpose of collective bargaining. 5M (CO3)
Answer :
Collective bargaining is a process that involves negotiation and
agreement-making between employers and employees, usually
facilitated by labor unions, with the goal of determining the terms and
conditions of employment. Its primary purpose is to provide a
mechanism for workers to have a collective voice and participate in
decisions that affect their working conditions, wages, benefits, and other
employment-related matters.
It's worth noting that the specific purposes and outcomes of collective
bargaining may vary depending on the country, industry, and the
specific needs and priorities of the workers and employers involved.
Nonetheless, the overall goal is to establish a fair and mutually
beneficial employment relationship that takes into account the interests
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of both parties.
(b) Write a detailed note on grievance and its redressal process 5M (CO3)
Answer :
A grievance refers to a complaint or dissatisfaction raised by an
employee regarding any aspect of their employment, including working
conditions, terms of employment, treatment by superiors or colleagues,
or violation of employment rights. Effective grievance redressal
processes are crucial in ensuring a harmonious work environment and
addressing concerns promptly. Let's delve into the detailed note on
grievances and their redressal process:
Types of grievances:
It's important to note that the specific procedures and legal requirements
can vary significantly depending on the country or jurisdiction.
Therefore, it is advisable to consult the relevant labor laws and seek
legal advice specific to the jurisdiction in question when dealing with
disputes related to minimum wage violations.
(b) Explain the provisions for timely payment of wages under the 5M (CO4)
Payment of Wages Act, 1936.
Answer :
The Payment of Wages Act, 1936 is a labor law in India that regulates
the timely payment of wages to workers employed in various industries
and establishments. The act ensures that workers receive their wages on
time and protects them from unfair practices related to wage payment.
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Here are the key provisions for timely payment of wages under the
Payment of Wages Act, 1936:
Time of payment: The act specifies that wages should be paid within a
specified time period, which should not exceed one month. The interval
between two wage payments should not exceed seven days.
Mode of payment: The act mandates that wages should be paid in legal
tender, i.e., in currency notes and coins. It prohibits payment in the form
of tokens, goods, or any other substitute unless authorized by the
appropriate government.
Time and place of payment: The act stipulates that wages should be
paid during working hours and at the workplace or at a nearby location
convenient for the workers. It should not be paid in a manner that causes
unnecessary inconvenience to the workers.
Wage slips: The act requires employers to provide wage slips or wage
statements to the workers, detailing the computation of wages,
deductions made, and other relevant information. This ensures
transparency and helps workers understand their wage payments.
It's important to note that the Payment of Wages Act, 1936 has
undergone amendments over the years, and employers should refer to
the latest version of the act and any subsequent regulations or
notifications for accurate and up-to-date information regarding the
provisions for timely payment of wages.
(c) State the deductions which may be made from wages under 5M (CO4)
Payment of Wages Act 1936.
Answer :
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Under the Payment of Wages Act, 1936, certain deductions may be
made from an employee's wages. However, it's important to note that
the specific provisions regarding deductions can vary between different
jurisdictions, and it is necessary to refer to the applicable legislation in a
particular country. Nevertheless, I can provide a general overview of
common deductions that may be permitted under the Payment of Wages
Act, 1936:
Safety Measures: Various safety measures are mandated under the Act,
such as fencing of machinery, provision of safety guards, and adequate
precautions for handling hazardous substances.
The aims of the Provident Fund and Miscellaneous Provisions Act are to
promote financial security, social welfare, and long-term savings for
employees. The act plays a vital role in providing a social security
framework for workers in India and contributes to their overall well-
being and financial stability throughout their working lives and
retirement.
(c) Discuss in detail the various provisions under Maternity Benefit 5M (CO5)
Act, 1961
Answer :
The Maternity Benefit Act, 1961 is an important legislation in India that
aims to protect the rights of women in the workforce by providing them
with certain benefits and safeguards during pregnancy and childbirth.
The Act applies to factories, mines, plantations, shops, and
establishments employing 10 or more people. Let's discuss the various
provisions of the Maternity Benefit Act, 1961 in detail:
Light work on return: After availing maternity leave, a woman has the
right to request light work for a certain period if her regular job could
adversely affect her health or the child's well-being. The employer must
fulfill this request, if feasible.
It's important to note that the provisions mentioned above are based on
the Maternity Benefit Act, 1961 as of my knowledge cutoff in
September 2021. It's advisable to refer to the latest version of the Act
and any subsequent amendments or notifications for the most up-to-date
information.