Module - II
Dr. Bidya Dash
Contents
Industrial Relations:
Concept
Scope
Approaches to Industrial Relations – Unitary, Pluralistic, Radical
Approach
Industrial Relations systems
Trade Unionism: Concept, Structure, and function
Industrial Dispute:
code of discipline and grievances management,
dispute resolution and industrial harmony,
Collective bargaining
Questions to be addressed?
What were the issues of strike?
What is the demand of Subbu and his team?
If You were in place of Sudarshan, what action you would have
taken to avoid strike so as to save M.Feeds.
Industrial Relation – As a Concept
It is a most complex problem in Morden industrial society.
It is an art of living together for the purposes like:
1. production,
2. productive efficiency,
3. human well-being
4. industrial progress.
IR is concerned with the relationship between management and workers
and the role of regulatory mechanism(trade unionism, collective
bargaining, law) in resolving any industrial dispute.
Industrial Relation – As a Concept
Industrial relations is a social concept because it deals with social
relationships in different walks of life.
It is also a relative concept because it grows and flourishes or
stagnates and decays in accordance with the economic, social and
political conditions prevailing in a society.
Defining IR by Dale Yoder
“whole field of relationship that exists because of the necessary
collaboration of men and women in the employment process of an
industry.”
The four main parties who are actively associated with any
industrial relations system are the workers, the managements, the
organisations of workers and managements, and the State.
Here the term collective interest has lot of importance.
Importance of IR
IR is key for increased productivity in Industrial establishment.
In Eicher (Alwar Plant) – Tractor Productivity went up from 32%
between 1994-1996 to 38% 1997.
The Brutal Side of IR ( Militancy of workers)
Case 1 – Roy George – VP, Pricol killed by worker.
Case 2 – Lalit Kumar Chaudhury , Graziano Danmission, Italian
Company killed by worker in factory premises
Case 3 – Union leader and executives were killed in group clashes in
ceramic factory, puducherry, 2012
Case 4 – Avinash Kumar Dev- GM- HR, Manesar Palnt Maruti, 2012
killed by workers by broking his limbs, and burnt him.
So, here IR has moral in 2 dimensions
1. To protects the workers interest
2. To protect right’s of managers
To Protects the workers interest:
It is unethical on the part of a management to take advantage of the
helplessness of workers and exploit them.
Unemployment compels worker to accept jobs, inhuman working
conditions and low wages.
So the objective of IR here is to protect the workers’ interest and to
improve their economic condition.
To protect right’s of managers
Managers expect workers to observe code of discipline, not to do
illegal strikes, not to indulge in damage to company’s property,
not to assault supervisors, peers, not to come inebriated to the
workplace.
Any deviation in worker's behaviour, it is the prerogative to take
action.
Conclusion on two dimension aspects of IR
It is the people who create problem everywhere, it is only they who
can find solutions too. Viewing every problem seriously and
restoring to manipulative style of IR will not help full to the
manager or management. The new age of IR should be free from
suspicion , prejudice and ill-will towards workers.
Scope of IR
It is not confined to only common labour-management relations or
employer-employee relations.
It exists at various levels of the organisational structure.
relations among workers themselves within the class of employees,
relations among the managements within the managerial class, and
relations between the two distinct classes of workers and
management.
Scope of IR
It denotes all types of inter-group and intra-group relations within
industry.
The network of relations is arise out of functional interdependence
between workers and managements and between industrial
organisations and society.
Approaches to Industrial Relations
Unitary approach
Pluralistic approach
Radical Approach
Unitary approach
Under unitary approach, IR is grounded in mutual co-operation,
individual treatment, team work and shared goals.
Work place conflict is seen as a temporary aberration.
It result into poor management from employees who do not mix
well with the organisation’s culture .
Union co-operate with the management and the management’s right
to manage accepted .
It is because there is no “ we-they” feeling.
The focus of unitary approach is every one benefits. (i.e. common
interest and promotion of harmony)
Case – Goodbye to strikes and lockouts
Pluralistic Approach
The perceptions under this approach are:
1. organisations as coalitions of competing interests, where the
management’s role is to mediate amongst the different interests
2. trade union as legitimate representative of employee interests.
3. Stability of IR as the product of concessions and compromises between
management and unions.
In pluralistic approach, a strong union is not only desirable but necessary.
Here there is more than one source of power in the relationship between
workers and management.
Unions are central components to the balance of power between
management and workers.
Marxist Approach
This approach is named after Karl Marx.
According to Marx, the adversarial relations in the workplace are simply
one aspect of class conflict.
Thus it focuses on the type of society in which an organisation functions.
Here the conflict arises not due to competing interests within the
organisation.
Because there is a division within society.
Means the group who own the production and another group those who
have only offer their labour.
Here trade union acts from both the side.
In Marxist approach there is a clashes of interest between capital and labour.
Dunlop’s IRS
DUNLOP’S SYSTEM THEORY (1958) (INDUSTRIAL
RELATION SYSTEM)
“The actors, in given contexts, establish rules for the
workplace and the work community, including those
governing the contacts among the actors in an
industrial relations system. This network or web of
rules consists of procedures for establishing rules, the
substantive rules and the procedures for deciding
their application to particular situations. The
establishment of these procedures and rule – the
procedures are themselves rules-is the centre of
attention in an industrial relations system. If further
element is required to complete the analytical system:
an ideology or a set of ideas and beliefs, commonly
held by the actors, that helps to bind or to integrate
the system together as an entity” Dunlop (1958).
Industrial Relations systems
A sound IRS is one in which relationships between management and
employees(union) in one hand and in other hand relationship between
management and state.
The industrial relations system in India has been under pressure for
decades. The main architecture of the system was established prior to
independence and remains mostly unchanged.
IRS is highly centralised. The state is the main mediator between
capital and labour.
Fundamental challenges of IRS is size of informal or unorganised
workforce.
Statistics
India’s estimated 450 million informal workers comprise 90% of its total
workforce, with 5-10 million workers added annually.
According to Oxfam’s latest global report, out of the total 122 million
who lost their jobs in 2020, 75% were lost in the informal sector.
The Covid-19 pandemic experience tells us that there is also a need to
provide social protection, as the vulnerabilities of the informal sector
became even more prominent as the entire country went into a state of
suspension due to the lockdown.
financial year 2020-21, the economy is expected to contract by 7.7%. So,
there is an urgent need to revive the economy by generating employment.
Labour Related Challenges
The large number is employed in the rural sector, the bigger
challenge is in the urban workforce in the informal sector.
Long working hours, low pay & difficult working conditions.
Low job security, high turnover and low job satisfaction.
Inadequate social security regulation.
Difficulty in exercising rights.
Child and forced labour and discrimination on basis of various
factors.
Vulnerable, low-paid and undervalued jobs.
Labour Related Challenges
Productivity: informal sector basically comprises MSMEs and household
businesses which are not as big as firms like Reliance. They are unable to take
advantage of economies of scale.
Inability to Raise Tax Revenue: As the businesses of the informal economy are
not directly regulated, they usually avoid one or more taxes by hiding incomes
and expenses from the regulatory framework. This poses a challenge for the
government as a major chunk of the economy remains out of the tax net.
Lack of Control and Surveillance: The informal sector remains unmonitored
by the government.
Difficult for the government to make policies regarding the informal sector in
particular and the whole economy in general.
Recent Initiatives Taken by Government
to strengthen IRS
Labour Codes:
The new labor codes that have been passed by parliament to take
care of the informal urban segment of the informal economy
i.e. the gig economy workers now are the worst affected in a
pandemic like situation.
E-Shram Portal
The Ministry of Labour & Employment has
developed eSHRAM portal for creating a National Database of
Unorganized Workers (NDUW) for optimum realization of their
employability and extend the benefits of the social security
schemes to them.
It is the first-ever national database of unorganised workers
including migrant workers, construction workers, gig and
platform workers, etc.
Labour Reform:
The Parliament passed four labour code on industrial
relations; occupational safety, health and working
conditions; and social security — proposing to simplify the
country’s archaic labour laws and give impetus to economic
activity without compromising with the workers’ benefits.
Dimensions of IRS
IR may exist between:
employees to employees
employees to employers
Employers to employers
The above all dimension is depends on one question that is
under what conditions it operates.
Significance of IRS
Important benefit of IRS is that this ensures continuity of
production and also the resources can be fully utilized, resulting
in the maximum possible production.
It reduce the industrial dispute, strike, lockout .
How does this significance has affected to employee relation
concept?
The answer is:
Attitude of employees and management and union will likely to
be strengthened. There will be no disagreement of procedure of
doing things and easily resolve the grievances.
There will be no inter union rivalry in case of more than one
union. The militancy nature of workers can be reduced .
IRS @ Tata Steel
Tata Steel – pioneering worker welfare schemes.
According to survey by Business Today, India (2016) Tata steel is
declared as the “Best place to work in the core sector”.
5 days work week
Tata steel is the first company who introduce first in employee
welfare measures introduced overtime.
8-hours work day in 1912, leave with pay scheme in 1936 and
worker’s provident fund scheme in 1920.
All these initiatives were subsequently adopted by International
Labour organisation and enacted by law in India.
Parties to IR
Employee
Major stakeholder in IR are employees.
The roles of employee are to redress the bargaining advantage
on one-on one basis, i.e. Individual worker is-a-visa individual
employer by way of joint or collective actions.
To secure better terms and conditions of employment for their
members.
To obtain improved status for the worker in his / her work.
To increase democratic mode of decision making at various
levels.
Role of Employers Association
Employers associations are representative voluntary organisation
led by elected leaders and managed by professional managers with
a permanent staff-which specialise in collective bargaining.
These organisations provide support and advice to employers and
employees to help them better understand their rights and
obligations in the workplace.
It focuses mainly on matters relating to a wide range of
employment issues including industrial relations.
Role of Employers Association
Chambers of commerce usually set up to defend the economic
interests of employers.
Sectoral association like CII( mainly confined to engineering
industry).
So the objective of Employers Association are:
Protect interest of employers engaged in industry, trade and
commerce
Disseminate information relating to labour policy, labour
management relations, collective bargaining.
Liaise with union government.
Examples of employers’ associations
ASSOCHAM (The Associated of Chambers of Commerce and Industry of
India – represent the interest of trade and commerce)
FICCI ( The federation of Indian chambers of commerce and industry –
business organisation)
AIMO (All India manufacturers organisation)
WASME ( World association for small and medium enterprises)
FASSI ( Food Safety and standards authority of India)
NASSCOM ( National Association of software and service companies –
trade association of Indian information technology(IT) and BPO
companies.
FIEO ( The federation of Indian export organisations)
What role does the government in IR?
The relationships between employees and employers are influenced by the
government through law, policies and regulations.
The legal frame work within which industrial relations must function is
determined by the government.
For example the amount of hours an employee is allowed to legally work per
week and employer is obligated to pay to an employee .
It also involve in setting an industrial relations dispute in court.
Basically, the government benefits from industrial relations in that a safe
working environment promotes employee and employer satisfaction, which in
turns helps in maintaining high employment rates that reflects well on
government to address the poverty and crime.
TRADE
UNION
Concept
Trade union came into being as an agent of workers and
working class.
Over the year workers struggled hard to achieve an adequate
measure of their protection against exploitation.
Trade union is also called labour union.
It is an association of labourers in particular trade, industry or
company created for the purpose of securing improvement in
pay, benefits, working conditions.
Characteristics of trade union
Trade unions are voluntary association of either employee or
employer or independent workers.
Trade unions are generally permanent in condition.
Basic objective is to protect the needs of workers.
Why union???
Trade union emerge due to group
psychology.
Trade union is an organising centre, it
provide the locus of for collecting the forces
for working class.
Trade union provides job security to the
employees.
Reformist Union
It aims to retain the present structure of capitalist society.
They never try to destroy the existing social, economical and
political structure.
It has two types:
Business unionism
Uplift unionism
Business unionism
1. Here smooth and cordial relationship exist between employee and
employers.
2. All the problems of workers solved by collective bargaining.
Employees seek to achieve economic objectives.
3. It favours voluntary arbitration and avoid strikes and lockout.
Uplift Unionism:
4. It is also called friendly or ideal unionism aim to act as an
social, intellectual and moral values of the workers.
5. It puts more emphasis on insurance benefits , health ,
education and welfare measure
Revolutionary Union
It seek to achieve their objectives by destroying the existing
capitalist structure and replacing with socialist or communist
structure.
They try to destroy the existing economic system by revolutionary
measure.
Anarchist Union: such union aim at destroying the present
economic system by resorting to revolutionary measure.
Political union: seek to redistribute the wealth by giving effective
share to the workers. The get power basically through political
actions only.
Revolutionary Union
Predatory union: They seek their objectives without sticking to
any approach.
Guerrilla Union: They believe in exploitation, violence and non
cooperation. They are generally non democratic. They don’t
believe in cooperation with their employees.
On the basis of membership structure
Craft union: it covers all workers engage in a single occupation or craft
irrespective of the industries form a union.
All craft union links together those workers who possess similar skills, craft
training, apprenticeship and specialization.
Example : all workers of textile industries.
Industrial union:
Unions organised on the basis of an industry rather than craft is called industrial
union.
All workers skill , unskilled and semi skilled working in a particular industry
regardless of the difference in crafts, skill position or gender form together an
industrial union.
Ex- textile labour association, engineering mazdoor sabha.
On the basis of membership structure
Staff union: it’s a combination of craft union and industrial
relation.
Staff union is mostly formed by the workers to tertiary sectors
like health, tour and travel industry.
General union :
It comprises of workers from various industry and various skills.
Workers from different industries and different occupation
formed general union.
Structure of trade union in
India
Structure of trade union in India
The national / central federation is the apex trade union that
brings coordination in the activities of different trade union.
Such federation takes collective action when needed.
Ex- INTUC, AITUC, National labour organization, All India
bank employees associations, Railway association, electricity
associations.
State Branches of Central
Federations
The central federations have their State
branches. These branches are free to
manage their own affairs. However, in
actual practice these federations seek their
guidance of the central federations on
various issues.
Industrial Federations
Workers belonging to a particular industry have certain
problems in common, which can at best be settled at the
industrial level. In order to deal with their problems
effectively, the plant level and or locality level unions have
tended to form federations at two levels: regional and
national levels.
Examples of regional level federations are: the UP chini
Mazdoor Federation and the Bihar Sugar Workers' Federation.
All India Coal Workers' Federation, All India Bank Employees'
Federation, National Federation of Posts and Telegraph
Employees, and All India Railway Men's Federation. Industrial
federations Trade Union Structure at their national level are
also existing in cotton textiles, sugar,, insurance, and
Recognition engineering, iron and steel, and oil-refining
industries
Region-cum-Industry Level
Industrial Unions
This type of unions cover all categories of
employees of a particular industry
(irrespective of their number of plants or
the employers) located in a particular city/
region. Examples are: Rastriya Mill Mazdoor
Sang located in Mumbai.
Functions of trade union
Five types of functions trade union does.
1. Basic function
2. Economic function
3. Welfare function
4. Legal function
5. Political functions
Basic function of trade union is to build their organisation, both
numerically and financially.
Economic function essentially implies bread and butter functions.
Welfare function : trade union should shoulder social responsibilities.
Legal function: trade unions closely associate themselves with the
law-making process, interpretation of laws and providing infomations
about the various for the benefit of their members.
Political functions: Trade union kept themselves abreast of the
political events.
Further concluding the functions of trade union:
Broadly we can say that trade union has militant functions
and fraternal functions.
Militant Functions:
1. to achieve higher wages and better working condition.
2. To raise the status of workers as a part of Industry.
3. To protect labours against victimization and injustice.
Fraternal Functions:
To take up welfare measures for improving the morale of workers.
To generate self confidence among worker.
To provide opportunity for growth and promotion.
To protect women workers against discrimination.
Industrial Dispute - 1947
It means may dispute of difference between employees and
employers or between employers & women, between
workmen and workmen.
The dispute occurs for two reasons.
1. employment issues
2. non- employment issues
4 types of Industrial Disputes
Interest disputes: it refers to gains the conflicts concerning the
economic or non-economic interests of the employees, like
remuneration, working condition, job security, benefits.
Recognition dispute: The trade unions often enter into a dispute
with the management during negotiation or collective bargaining
for benefit of members.
4 types of Industrial Disputes
Grievance: The conflicts concerning the employee’s rights and
legal issues with the management are termed as grievance
disputes.
Unfair labour practices disputes: The disputes over the
unethical treatment of the management towards the labourer such
as discriminating them for holding membership of trade union,
restricting communication, employing new workers during
strikes .
Code of Discipline
A code of discipline has been laid down to maintain harmonious
relations and promote industrial peace.
It applies to both public and private sector enterprises and aims to
secure the settlement of disputes and grievances by a mutually agreed
procedure.
This code of discipline evolved at the Indian Labor Conference in
1958.
It specifies various obligations for the management and the workers
with the objective of promoting cooperation between their
representatives.
The Basic Objectives of Code of Discipline are to:
1. Maintain peace and order in industry.
2. Facilitate a free growth of trade unions
3. Promote constructive criticism at all levels of management
and employment
4. Eliminate all forms of coercion, intimidation and violations
of rules and regulations governing industrial relations.
5. Avoid stoppage of work in industry.
6. Avoiding litigations
Grievances
Grievance means any type of dissatisfaction or discontentment's
arising out of factors related to an employee's job which he thinks are
unfair.
Grievances may occur due to a number of reasons:
Economic: Employees may demand for individual wage adjustments.
Work environment: It may be undesirable or unsatisfactory
conditions of work. For example, light, space, heat, or poor physical
conditions of workplace, defective tools and equipment, poor quality
of material, unfair rules, and lack of recognition.
Grievances
Supervision: attitudes of the supervisor towards the employee such as
perceived notions of bias, favouritism, nepotism, caste affiliations and
regional feelings.
Organizational change: change in the organizational policies can
result in grievances. For example, the implementation of revised
company policies or new working practices.
Employee relations: unable to adjust with their colleagues, suffer from
feelings of neglect and victimization and become an object of ridicule
and humiliation.
The effects of the Grievances
On the production:
a. Low quality of production
b. Low productivity
c. Increase in the wastage of material, spoilage/leakage of machinery
d. Increase in the cost of production per unit
One the employees:
a. Increase in the rate of absenteeism and turnover
b. Reduction in the level of commitment, sincerity and punctuality
c. Increase in the incidence of accidents
d. Reduction in the level of employee morale.
The effects of the Grievances
On the managers:
a. Strained superior-subordinate relations.
b. Increase in the degree of supervision and control.
c. Increase in indiscipline cases
d. Increase in unrest and thereby machinery to maintain
industrial peace
Formal Procedure to Handle Grievances
Grievance means any type of dissatisfaction or discontentment’s arising
out of factors related to an employee’s job which he thinks are unfair.
A grievance may arise due to several factors such as:
Violation of management’s responsibility such as poor working
conditions
Violation of company’s rules and regulations
Violation of labor laws
Violation of natural rules of justice such as unfair treatment in
promotion
Procedure
Grievance procedure is a Step by step process an employee must follow
to get his or her complaint addressed satisfactorily.
In this process, the formal (written) complaint moves from one level of
authority (of the firm and the union) to the next higher level.
The grievance procedures differ from organization to organization.
Open door policy
Step-ladder policy
Open and close door policy
Open door policy: Under this policy, the aggrieved employee is free to
meet the top executives of the organization and get his grievances redressed.
Such a policy works well only in small organizations.
However, in bigger organizations, top management executives are usually
busy with other concerned matters of the company.
Moreover, it is believed that open door policy is suitable for executives;
operational employees may feel shy to go to top management.
Close door policy
Close door policy: Under this policy, the aggrieved employee has to follow
a step by step procedure for getting his grievance redressed.
In this procedure, whenever an employee is confronted with a grievance, he
presents his problem to his immediate supervisor.
If the employee is not satisfied with superior’s decision, then he discusses
his grievance with the departmental head to find a solution.
However, if the committee also fails to redress the grievance, then it may be
referred to chief executive. If the chief executive also fails to redress the
grievance, then such a grievance is referred to voluntary arbitration .
GRIEVANCE PROCEDURE IN INDIAN INDUSTRY
Collective bargaining
It is the formal process of negotiation between an employer and a
group of employees – with their union representative.
It is result in a collective bargaining agreement (CBA) an legally
binding agreement that layout policies agreed by management and
labour.
CBA often referred to as the ‘law’ at workplace.
CBA includes provision that address compensation, scheduling,
promotions discipline and job standards.
CBA also contains a grievance procedures.
When does collective bargaining occur?
Employees and employers engage in
collective bargaining to negotiate new
contracts and renegotiate existing contracts
that have expired.
In 2015 alone, an estimated five million men
and women are engaged in the collective
bargaining process.
Who can collectively bargain?
The National Labor Relations Act (NLRA)
grants most private sector employees the
right to organize unions and collectively
bargain.
Some members of the private sector,
including employees of very small
businesses,
agricultural workers, domestic workers,
supervisors and independent contractors, do
not have the right to engage in
collective bargaining
Collective bargaining process