Pankaj Mishra HRM(IRM)

8/8/2019 Pankaj Mishra HRM(IRM)

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Industrial Relations Management

Presented by-Pankaj Mishra


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Questions

A. What are the unfair labour practice generally doneby employer?

B. What unfair labour practice done by unions ?

C. What is the International Labour Organization?

D. What are the internal machineries to solveindustrial disputes?

E. What are the external machineries to solveindustrial disputes?


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(A)On the part of employers and trade unions of employers 1. To interfere with, restrain from, or coerce, workmen in the exercise of their right to

organise, form, join or assist a trade union or to engage in concerted activities for the

purposes of collective bargaining or other mutual aid or protection, that is to say, -

(a) threatening workmen with discharge or dismissal, if they join a trade union;

(b) threatening a lock-out or closure, if a trade union is organised; and

(c) granting wage increase to workmen at crucial periods of trade union organisation, with a

view to undermining the efforts of the trade union at organisation.

2. To dominate, interfere with or contribute support, financial or otherwise, to any trade

union, that is to say :-

(a) an employer taking an active interest in organising a trade, union of his workmen; and

(b) an employer showing partiality or granting favour to one of several trade unions attempting

to organise his workmen or to its members, where such a trade union is not a recognised trade

union.


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3. To establish employer-sponsored trade unions of workmen.

4. To encourage or discourage membership in any trade union bydiscriminating against any workman, that is to say :-

(a) discharging or punishing a workman, because he urged other workmen tojoin or organise a trade union;

(b) discharging or dismissing a workman for taking part in any strike (not beinga strike which it deemed to be an illegal strike under thisAct);

(c) changing seniority rating of workmen because of trade union activities;

(d) refusing to promote workmen to higher posts on account of their trade unionactivities;

(e) giving unmerited promotions to certain workmen with a view to creatingdiscord amongst other workmen, or to undermine the strength of their tradeunion;

(f) discharging office bearers or active members of the trade union on accountof their trade union activities.


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5. To discharge or dismiss workmen

(a) by way of victimisation;

(b) not in good faith, but in the colourable exercise of the employer's rights;

(c) by falsely implicating a workman in a criminal case on false evidence or onconcocted evidence;

(d) for patently false reasons;

(e) on untrue or trumpet up allegations of absence without leave;

(f) in utter disregard of the principles of natural justice in the conduct ofdomestic enquiry or with undue haste;

(g) for misconduct of a minor or technical character, without having any regardto the nature of the particular misconduct or the past record of service of theworkman, thereby leading to a disproportionate punishment.


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6. To abolish the work of a regular nature being done byworkmen, and to give such work to contractors as a measureof breaking a strike.

7. To transfer a workman mala fide from one place to another,under the guise of following management policy.

8. To insist upon individual workmen, who are on a legal strike

to sign a good conduct bond, as a precondition to allowingthem to resume work.

9. To show favouritism or partiality to one set of workersregardless of merit.

10. To employ workmen as "badlis" casuals or temporariesand to continue them as such for years, with the object ofdepriving them of the status and privileges of permanentworkmen.


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11. To discharge or discriminate against any workman for filingcharges or testifying against an employer in any enquiry orproceeding relating to any industrial dispute.

12. To recruit workmen during a strike which is not an illegalstrike.

13. Failure to implement award, settlement or agreement.

14. To indulge in acts of force or violence.

15. To refuse to bargain collectively, in good faith with therecognised trade unions.

16. Proposing or continuing a lock-out deemed to be illegalunder this Act.


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(B)

On the part of workmen and trade unions of workmen

1. To advise or actively support or instigate any strike deemed to beillegal under thisAct.

2. To coerce workmen in the exercise of their right to self-organisation

or to join a trade union or refrain from joining any trade union, that is tosay

(a) for a trade union or its members to picketing in such a manner thatnon-striking workmen are physically debarred from entering the workplaces;

(b) to indulge in acts of force or violence or to hold out threats ofintimidation in connection with a strike against non-striking workmen oragainst managerial staff.


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3. For a recognised union to refuse to bargain collectively in good faithwith the employer.

4. To indulge in coercive activities against certification of bargainingrepresentative.

5. To stage, encourage or instigate such forms of coercive actions aswilful "go slow", squatting on the work premises after working hours or"gherao" of any of the members of the managerial or other staff.

6. To stage demonstrations at the residences of the employers or themanagerial staff members.

7. To incite or indulge in wilful damage to employer's propertyconnected with the industry.

8. To indulge in acts of force or violence or to hold out threats ofintimidation against any workman with a view to prevent him fromattending work.


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(C)

International labour Organization The ILO was founded in 1919, in the wake of a

destructive war, to pursue a vision based on the premise

that universal, lasting peace can be established only if it

is based upon decent treatment of working people. TheILO became the first specialized agency of the UN in

1946.

The ILO is the only 'tripartite' United Nations agency in

that it brings together representatives of governments,employers and workers to jointly shape policies and

programmes.


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Tripartism in the ILO

ILO

Government

WorkerEmployer


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Tripartism in the ILO

The ILO aims to ensure that it serves the needs of

working men and women in a tripartite way by

bringing together governments, employers and

workers to set labour standards develop policiesand devise programmes. Its tripartite structure -

which includes the three social partners - makes

the ILO unique among world organizations

because employers' and workers' organizationshave an equal voice with governments in all its

deliberations.


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The Decent Work Agenda

The International Labour Organization (ILO) is

devoted to advancing opportunities for women

and men to obtain decent and productive work

in conditions of freedom, equity, security and

human dignity.

Its main aims are to promote rights at work,

encourage decent employment opportunities,

enhance social protection and strengthen

dialogue in handling work-related issues.


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ILO 4 Strategic Objectives

RIGHTSPromotion of standards and fundamental principles and rights at work

DIGNITY

Creation of employment

SAFETY & PROTECTION

Strengthening of social protection

VOICE & DIALOGUE

Strengthening of social dialogue

= DECENTWORK


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Strategic Objective 1: Human rights and work

1. Declaration of fundamental principles and rights at work

2. International LabourStandards (ILS)

Conventions Recommandations


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Strategic Objective 2: Employment and

incomes

1. Decent Work and Income Opportunities

2. Employment strategies

3. Skills development

4. Recovery and reconstruction

5. Gender promotion

6. Small and Medium Enterprises (SMEs)


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Strategic Objective 3: Strengthening social

protection and social security

1. Social Protection

2. Social Security

3. Income Security

4. Occupational Health and Safety


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Strategic Objective 4:

Strengthening social dialogue amonggovernment, employers and workers through

consultation, negotiation and information

sharing.


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The Sessions The ILO regularly holds meetings at the international,

regional, national and sectorial level to examine social

and labour issues of interest to governments, employers'

and workers' organizations.

To address the report on freedom of association, the

strategic challenges to decent work, and the long term

agenda of

the ILO.


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The memberStates of the ILO meet at the International

Labour Conference, held every year in Geneva,

Switzerland, in the month of June.

Each member State is represented by a delegation

consisting of two government delegates, an employer

delegate, a worker delegate, and their respectiveadvisers. (Employer and Worker delegates are

nominated in agreement with the most representative

national organizations of employers and workers.)


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Governing Body

The Governing Body is the executive body of

the International Labour Office (the Office is the

secretariat of the Organization). It meets three

times a year, in March, June and November. Ittakes decisions on ILO policy, decides the agenda

of the International Labour Conference, adopts the

draft Programme and Budget of the Organization

for submission to the Conference, and elects theDirector-General


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The Composition

The Governing Body is composed of 28

government representatives, 14 workers' group

representatives, and 14 employers' group

representatives.10 of the government seats areheld permanently by Brazil, China, France,

Germany, India, Italy, Japan, the Russian

Federation, the United Kingdom, and the United

States


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(D)

Internal machineries to solve industrial problems:

Works Man Committee.

Joint Management Councils.


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(E)

External machineries to solve industrial problems:

Conciliation Officers.

Board of Conciliation.

Arbitrators.

Commissionaires.

Labour Court.

Tribunal

I. Industrial Tribunal

II. National Tribunal

Documents

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