EMPLOYEE RELATIONS(ER)

AGENDA

INTRODUCTION
TERMINOLOGY/DEFINITIONS/ MEANING & SCOPE
PURPOSE AND OBJECTIVES
SYMPTOMS,CAUSES AND CONSEQUENCES
EVOLUTION & DUNPLOP’S SYSTEM VIEW
KEY STAKEHOLDERS
WAYS AND MEANS OF DEALING WITH ER ISSUES
LEGISLATIVE FRAMEWORK
CHANGING PATTERNS
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INTRODUCTORY REMARKS

As Blyton and Turnbull (1994) note, “work dominates the

lives of most men and women” and “the management of
employees, both individually and collectively, remains a
central feature of organisational life”.
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RELATIONS BASED ON
the legal contract
the psychological contract.

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KEY THEME
AT THE HEART OF EMPLOYMENT RELATIONSHIPS,THERE ARE CONFLICTS
OF
(a)Rights
(b)Interests

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NATURE OF EMPLOYMENT RELATIONS..ADVERSARIAL

DIFFERENT INTERESTS

NEED FOR COMMON INTERESTS

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CONFLICTS ARE INHERENT

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HRM PHILOSOPHY ..WORK TOGETHER AS PARTNERS

HOW ER CAN CONTRIBUTE?

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Management
Employee

Interactions
Interrelations

Individually
Collectively

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CONTEXT

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The employer and the employee are obvious parties. In

ensuring a level playing field for both sides, the state provides
the legal framework within which such relations may take
place.

STAKEHOLDERS

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TERMINOLOGIES

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INDUSTRIAL RELATIONS

The terms “industrial relations” and “labour relations” are often used
interchangeably and can be viewed as the interaction between the
various interested parties involved in employment.

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INDUSTRIAL RELATIONS

“Industrial relations is perceived as being concerned with male, full-

time*, unionised, manual workers in large manufacturing units
involving restrictive practices, strikes and collective bargaining.”

*FROM SHORT TERM CONTRACT TO LIFE-LONG EMPLOYMENT

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INDUSTRIAL RELATIONS

A SET OF PHENOMENA,OPERATING BOTH WITHIN AND OUTSIDE THE

WORKPLACE,CONCERNED WITH DETERMINING AND REGULATNG THE
EMPLOYMENT RELATIONSHIP.(A.Salamon)

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Labour Relations
Labour relations is a continuous relationship between a
defined group of employees (represented by a union or
association) and an employer. The relationship includes the
negotiation of a written contract concerning wages, hours and
other conditions of employment and the interpretation and
administration of this contract over its period of coverage.
(Milkovich & Glueck, 1985)

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Definition John T. Dunlop in his book Labour Economics(1958)

“the complex of inter-relations among workers, managers and

government.”

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EMPLOYEE RELATIONS

GENNARD AND JUDGE (2002) , CHARTERED INSTITUTE OF PERSONNEL AND

DEVELOPMENT :

EMPLOYEE RELATIONS IS A STUDY OF THE RULES, REGULATIONS AND

AGREEMENTS BY WHICH EMPLOYEES ARE MANAGED BOTH AS INDIVIDUALS
AND AS A COLLECTIVE GROUP, THE PRIORITY GIVEN TO THE INDIVIDUAL AS
OPPOSED TO THE COLLECTIVE RELATIONSHIP VARYING FROM COMPANY TO
COMPANY DEPENDING UPON THE VALUES OF MANAGEMENT. AS SUCH IT IS
CONCERNED WITH HOW TO GAIN PEOPLE’S COMMITMENT TO THE
ACHIEVEMENT OF AN ORGANISATION
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Using the term employee relations, they say, enables them to

adopt a broader canvas and to: encompass the now-dominant
service sector, which in many developed countries now
employs more than 70 per cent of the workforce, and the
changes in the composition of the labour force such as more
women working and more parttime, temporary and fixed-term
contracts; include non-union as well as union scenarios and
relationships.

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Salamon(1982) has observed that:

“Employee relations is perceived to reflect the development of

more diverse employment patterns(non-manual, female, part-
time, etc),the growth of employment in the ‘high-tech’, service
and commercial sectors and a reduced level of unionisation
coupled with management strategies aimed at individualising
the employment relationship.”
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Employee Relations(ER) is the term which is currently used to

refer to the relationships-individual and collective- that
originate from the contracts of employment between
employers and employees in work settings.

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These relationships are based on terms and conditions under

which work is carried out and in return, employers provide
the appropriate rewards and benefits.

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ER concerns the relationships between employers and employees.

At TWO levels
*Collective

*Individual
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WORKPLACE
INDUSTRY
NATIONAL
INTERNATIONAL (ILO)

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ER ISSUES

ER is concerned with a wide range of issues and processes like:

Pay and working arrangements; Grievances, Conflicts and
Discipline; Industrial actions; Efficiency and productivity;
Industrial peace and harmony; Health, safety and welfare;
negotiation (collective bargaining),conciliation, mediation and
arbitration, Employee involvement and
participation(Industrial democracy)
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CENTRAL ISSUE

CONFLICTS OR DISPUTES ARE AT THE VERY HEART OF ANY

SYSTEM OF ER .

Broadly organisations experience two types of conflicts in the

context of ER:
conflicts of rights
conflicts of interests
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OVERALL PURPOSE OF ER

The overall purpose for a sound system of ER is to deal with

those conflicts and disputes in the most constructive, positive,
transparent, fair and equitable manner . [P 141]

FROM ADVERSARIAL,CONFLICTUAL RELATIONS TO CO-

OPERATION AND PARTNERSHIP
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OBJECTIVES

EFFICIENCY/EFFECTIVENESS/EQUITY
MECHANISMS FOR COMMUNICATION, CONSULTATION AND
CO-PERATION
AVOIDANCE AND SETTLEMENT OF DISPUTES
PROVISION OF SOCIAL PROTECTION WHEN NEEDED
ESTABLISHMENT OF HARMONIOUS AND STABLE RELATIONS

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SYMPTOMS
CAUSES
CONSEQUENCES

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NECESSARY CONDITIONS

Political will and commitment to engage in social dialogue on the part of all the parties;

Respect for the fundamental rights of freedom of association and collective bargaining;
and

An enabling legal and institutional framework.

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According to ILO, sound ER depends upon a number of factors which

comprise of :

Strong, independent workers' and employers' organizations with the

technical capacity and access to relevant information to participate in
social dialogue

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These conditions need to be accompanied by a number of

institutional processes, namely:

Negotiation, consultation and information exchange between

and among the different actors;
Collective bargaining; INDIVIDUAL BARGAINING
Dispute prevention and resolution.
Other instruments of social dialogue, including corporate social
responsibility and international framework agreements. 34
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EVOLUTION

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THE CONCEPT OF EMPLOYEE RELATIONS (ER)

AND ITS EVOLUTION
FROM ADVERSARIAL TO PARTICIPATIVE RELATIONSHIPS

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3 PERSPECTIVES/
LENSES

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ER FRAMEWORKS :UNITARY, PLURALIST AND RADICAL

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JOHN DUNLOP’S SYSTEMS VIEW OF ER

CONTEXTS-TECHNOLOGY,MARKET STRUCTURE ,POLITICAL SYSTEM


ACTORS

IDEOLOGY AND BELIEFS

RULES


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KEY STAKEHOLDERS

•Role of Employers(BUSINESS MAURITIUS)

•Role of Trade Unions/EMPLOYEES
•Role of the State

•Media and Public Opinion

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• TRADE UNIONISM/GOALS/TYPES AND EVOLUTION

PROBLEMS OF TRADE UNIONS
• EMPLOYERS ORGANISATIONS
• THE STATE/GOVERNMENT

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WAYS AND MEANS OF DEALING WITH ER ISSUES

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• COLLECTIVE BARGAINING

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• A method of determining terms and conditions of

employment and regulating the employment relationship
which utilises the process of negotiation between
representatives of management and employees intended
to result in an agreement which may be applied across a
group of employees.(Salamon, 1998, p. 305)

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COLLECTIVE BARGAINING

• Collective bargaining includes both contract negotiation

and administration. If the parties disagree during the
negotiations, certain conciliatory processes may help
them. If not, a strike or lockout may result. Arbitration
provides the solution if the parties disagree about
contract administration.
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THE PROCESS OF COLLECTIVE BARGAINING

• As noted, collective bargaining is governed and informed

by a range of laws, rules, regulations and protocols.
Accordingly, the process encompasses the following major
phases:

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THE PROCESS OF COLLECTIVE BARGAINING

• A charter of demands by the bargaining agent
• Preparation for negotiation
• Bargaining
• Collective agreement
• Contract administration.

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THE PROCESS OF COLLECTIVE BARGAINING IN DIFFERENT

COUNTRIES

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COLLECTIVE BARGAINING AND THE RIGHT TO STRIKE

• Collective bargaining does not always have a smooth

flow.
• Conciliation or mediation
• A strike or a lockout
• Arbitration

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COMMUNICATION/CONSULTATION

JCC

EMPLOYEE DISCIPLINE ,GRIEVANCE AND DISPUTE PROCEDURE

COLLECTIVE BARGAINING/INDIVIDUAL BARGAINING

MEDIATION

CONCILIATION/ARBITRATION

COURTS


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LEGISLATIVE FRAMEWORK

EMPLOYMENT RELATIONS ACT 2008

EMPLOYMENT RIGHTS ACT 2008

[WORKERS RIGHTS ACT 2019]

THE CONSTITUTION OF MAURITUS (1968)

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Additional Remuneration Act
Employees Superannuation Fund Act
Employment Relations Act 2008 and Regulations
Employment Rights Act 2008 and Regulations
End of Year Gratuity Act
Labour Act
Non-Citizens (Employment restriction) Act
OSHA 2005 and Regulations
Recruitement of workers Act
Registration associations act and Regulations
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Ministry of Labour, Industrial Relations, Employment and

Training

http://labour.govmu.org/English/Pages/default.aspx

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CHANGING PATTERNS

 VARIED PRACTICES DUE TO GLOBALISATION AND ECONOMIC

LIBERALISATION

 EMPLOYMENT PRACTICES

 LOWER LEVELS OF UNIONISATION

 COLLECTIVE NATURE OF ER UNDER STRAIN

 IMPACT ON HR PRACTICES

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ILO(International Labour Organisation), which is a unique

tripartite structure made up of representatives of
employees, employers and governments offers some general
descriptions of ER.
AGENDA/ISSUES

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THE CHALLENGE OF HRM

•Globalisation
•New mindset
•Social Dialogue

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THE CHALLENGE OF HRM

“HRM presents a challenge to IR/ER, because it can operate to

undermine the role of trade unions at enterprise level by
emphasing the primacy of the relationship between managers
and individual workers. In reality, however, it is possible to
harmonize IR and HRM policies and practices in ways which can
strengthen outcomes for both”.

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ACTIVITY

DISCUSS THE NATURE AND IMPORTANCE OF

ER IN PROMOTING ORGANISATIONAL
EFFECTIVENESS

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END OF PRESENTATION

THANK YOU

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