This document discusses the paradigm shift occurring in industrial relations in India. It outlines the complex system of employer-employee relations and the various internal and external influences. It identifies the major stakeholders in industrial relations like employers, employees, government and unions. It describes the ideal characteristics of employees and employers. It also discusses the changing profiles of employers and employees and new roles for trade unions. Finally, it notes some of the issues with existing labor laws and the need for reforms and solutions to modernize the industrial relations system in India.
2. Employer – Employee Relations
•
o
1. Highly complex system.
• 2. An unique social phenomena characterized by
formal, informal, inter personal, group,
institutional, legal & Social Relationship.
3. The roles. Relationship, Institutions, processes and
activities which comprise the system of Employers
Employees relationship has a pattern of internal and
external influences.
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3. Employer – Employee Relations Contd..
4. INTERNAL - Type of employers, organization history,and culture,
Sub –groups, type of employees, union etc.,
5. EXTERNAL - Social cultural, political, Economic, Technological,
Legal.
6. TIME - Relationship has also a time dimension Past – Present –
Future.
7. OTHERS - Government, Public, Police, Media, Politicians.
4. INDUSTRIAL RELATIONS – MAJOR
STAKEHOLDERS
1. Employers/Management
2. Unions/Employees
3. State – Legislature/ Executive
4. Judicial – Legal Provisions/Judgment
5. Public/ Community
5. IDEAL EMPLOYEE
COMMITMENT
OWNERSHIP / EMPOWERMENT
EFFICIENT /PRODUCTIVE
HAS BUSINESS OUTLOOK
CONCERN FOR CUSTOMER SATISFACTION
CONCERN FOR WASTE/ SCRAP
HIGHLY DISCIPLINED
6. TIME CONSCIOUS
COST CONSCIOUS
QUALITY CONSCIOUS
HAS MULTI SKILLS
FLEXIBLE AND MOBILE
MODEL PERFORMER
WIN WIN
IDEAL EMPLOYEE Contd…
7. IDEAL EMPLOYER
FAIR
PRO – ACTIVE & RESPONSIVE
TRANSPARENT
PROVIDES GOOD & CONDUCIVE WORKING
CONDITIONS
COMMUNICATIVE / SHARES INFORMATION
ENSURES EMPLOYEES’INVOLVEMENT &
PARTICIPATION
8. HIGHEST CONCER FOR
WELFARE
SAFETY
HEALTH
ENVIRONMENT
PAYS IN DOLLAR
ASSURES REASONABLE JOB SECURITY
RESTRAINS FROM INDISCRETE HIRE
AND & FIRE POLICY
WIN WIN
IDEAL EMPLOYER Contd..
9. EMPLOYER’S PERCEPTION OF
EMPLOYEES
DEMAND MORE PAY
DEMAND MORE PERKS
DEMAND MORE INCENTIVES / BENEFITS
DEMAND MORE HOLIDAYS/ LEAVE
DEMAND MORE BREAKS / RET / INTERVALS
DEMAND LESS WORK
NO RESPONSIBILITY/ ACCOUNTABILITY
JOB SECURITY
10. EMPLOYEE’S PERCEPTION
EMPLOYER’S
DEMANDS MORE OUTPUT
DEMANDS MORE PRODUCTIVITY
EFFECT PAY HIKE RELUCTANTLY AND ONLY WHAT IS
LEGALLY DUE
HAS TEMPORARY STFF ON A PERMANENT BASIS
INSISTS ON ABSOLUTE DISCIPLINE
HIRES & FIRES AT WILL
NOT PRO ACTIVE
LITTLE CONCER FOR SAFETY / HEALTH / ENVIRONMENT
11. Changing Profile of Employers
Joint Venture (JVC)
Global corporations
Foreign CEOs
New Generation Indian Entrepreneur
/ CEO’s
Lady Entrepreneur/ CEO
Professional CEO’s
12. Changing Profile of Employers Contd..
Emergence of service sector –
Call Centers
BPO Outfits
Franchisee
Channel Partner
Back Office
M.T.
Consultancy services
13. NEW WORKMEN PROFILE
Educated
Well Informed
Independent
Individualistic
Materialistic
Small Family
Less Inclined to Trade Unions
Does not approve GATE meeting
Only 8% Sincerely support “STRIKE”
14. TRADE UNIONS
Only Unions, No Trade
Collective Bargaining
a. Management Bargains
b. Union Collects
Unions means – Strike
Union Leader Enjoy IMMUNITY,
Popularity & Power
Only rights no obligations
15. DILEMMAS of the Unions
1. To favour or not to favour SSI
2. To Supportive or Not to Support Downsizing
(Rightsizing)
3. The pace of change is Rapid,
Eg. 2000 Jobs 30%, 600 Vs 1400
4. Ideologically MNCs are discouraged but
MNCs do pay relatively high emolument
“DAMNED IF THEY CHANGE – DAMMED IF THEY DON’T
16. NEW ROLE OF T.U
• Revamp their Attitude, Activities, Nexus, Ideology
• Offer new services to member – Legal, Financial
Training etc.,
• New Alliances Eg. W group
• Secure more public Support/improve the image
• Accept Downsizing as “inevitable”
• Participate in competitiveness, productivity &
Quality
• Flexibility and Re-adjustment
• Accept “VRS” as a Humane Method of Separation.
• Become Partner in the growth and “NOT HURDLES”
17. JJudicial – Labour Laws
(Social legislation / Welfare Legislation)
1.1.Plethora – 38 Legislations
2. Outdated – Age – 82, 75, 70, 60, 57, 42, 35
3. Heavily loaded in favour of workmen
4. Lack of uniformity – E.g. Workman & Industry
5. I.D Act Amended in 1982
But is yet to be gazetted
6. Lawayers making merry
18. 7. SECOND National Labour commission
Set up in 1999, Report in 2001/ 2002
Nothing happened ?
8. Only Rights conferred on the workmen no matching
accountability or responsibility
9. Procedure oriented /Form filled
10. No time framework set for disposal of the cases
Judicial – Labour Laws
(Social legislation / Welfare Legislation) Contd…
20. Sample of Judicial pronouncements
1. Workmen – under ID Act 1947
2. Industry – Under ID Act 1947
3. Accident under W.C. Act. E.g. Heart attack
4. State under article 12
5. Sec 33(2) (b) of ID Act.1947
6. Strike- Rangarajan Vs State of Tamilnadu
23. REMEDIES / SOLUTIONS
(Both Macro & Micro)
1. Industrial Relations Constitution
2. a. NLC to the meet every 3/5 years to review
b. The Govt. to seriously consider the
recommendations & implement.
3. Industrial Disputes Adalat
4. Time Frame to Dispose Off Cases
5. A State Level IR Council
A National level IR Council
(The Constitution should provide for this)