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Industrial Relation & Labour Laws Assignment

1) Trade unions are organizations formed by workers to protect their rights and interests through collective bargaining with employers over issues like wages and working conditions. 2) There are four main forms of trade unions: corporatist, economistic, political, and social movement. 3) The evolution of trade unionism in India occurred in three phases - from 1850-1900 workers faced poor conditions; 1900-1946 saw the formation of large national unions; and post-independence involved participation in independence movements and the partition's impact.

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0% found this document useful (0 votes)
106 views13 pages

Industrial Relation & Labour Laws Assignment

1) Trade unions are organizations formed by workers to protect their rights and interests through collective bargaining with employers over issues like wages and working conditions. 2) There are four main forms of trade unions: corporatist, economistic, political, and social movement. 3) The evolution of trade unionism in India occurred in three phases - from 1850-1900 workers faced poor conditions; 1900-1946 saw the formation of large national unions; and post-independence involved participation in independence movements and the partition's impact.

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ANSWER: 1

INTRODUCTION

In Industrial Relations (IR);


The term ‘Industry’ implies a productive activity in which an individual or a group of
individuals are involved.
The term ‘Relations’ implies the relationships between an employer and an employee at the
workplace. The employees may be represented by a union of workers.

Industrial relations is a field that studies the relationship between employers and employees
so that their interactions can be managed effectively.
This field is also known as employee relations and sometimes labour relations.
It primarily deals with areas related to employment situations, including collective
bargaining, trade unions, labour laws and labour management relations.

While studying the relationship between an employer and its employees; the industrial
relations field assumes that employers have more bargaining power than employees and that
there are natural conflicts of interest between the employer and employees.

Industrial relations have undergone revolutionary changes in the last two decades in India.
Technological advancement and globalisation are these two major factors contributing to the
changing environment of IR in India. The changing profile of the new industrial workers has
also contributed to the changing landscape of IR.

CONCEPT AND APPLICATION

Pluralist Perspective Unitarist Perspective Radical Perspective


The Concept of Industrial Relations is explained through three different views.

Pluralist Perspective: This perspective considers the organisation to be made up of diverse


subgroups, where each subgroup has its specific objectives.

Unitarist Perspective: This perspective considers the organisation as a happy family where
the management and workers jointly work to accomplish common objectives.

Radical Perspective: This perspective is also known as Marxist approach. It considers that the
capitalist economy and society are the causes of inequalities of wealth and power.
APPROACHES TO INDUSTRIAL RELATIONS
Various approaches have attempted to explain the concept of industrial relation and by
different practitioners and theorists respectively.

Psychological Approach:-
This is the traditional approach of industrial relations where the management and the workers
psychologically perceive each other. Negative perceptions about each other lead to conflicts.

These perceptions are influenced by various economic and non-economic factors such as
educational levels, transparency in communication, values, goals, prestige, recognition and
security. Both the parties need to realign their attitudes to achieve peace in the workplace.

Sociological Approach:-
Industrial relations depend on social factors of beliefs, customs, rationality and acceptance of
change at the workplace. Additional social factors such as housing, transportation, family
structure and stress also play a significant role in influencing perceptions.

Human Relations Approach:-


Industrial relations depend on the human resource at the workplace. Their needs for freedom
of expression, movement and speech affect their perceptions and behaviour. If the employer
treats them casually without a consideration of their feelings, conflicts are inevitable. To
prevent and resolve such conflicts, it is necessary for employers to understand and consider
the needs and motivators of workers, such as job satisfaction, engagement and recognition.

Systems Approach:-
In 1958, J P Dunlop developed a systems approach, which states that individuals are a part of
an autonomous social system. The actions and behaviour of individuals depend on the society
culture. The three main elements of this system are input, process, and output.
Society provides the input on how to behave in a certain situation. The value system
determines the process and the output by individuals.

Dunlop’s Approach:-
This approach is named after its inventor, Professor John T. Dunlop of Harvard University.
He defined industrial relations as a system comprising certain actors at a workplace.
The system also includes the context, ideology and rules to govern the actors at the
workplace. The context includes the workplace environment, market, budget and power
centres which influence the factors.

Weber's Social-Action Approach:-


This approach emphasises on the power to control the context of bureaucratic environment
and work organisations. It analyses the effect of politico-organisational and techno-economic
changes on the structure and processes of trade unions, the subjective interpretation of
workers’ approach to trade unions and the power of the employers, government, political
parties and unions.
Gandhian Approach:-
Mahatma Gandhi’s approach to labour issues focused on areas of wage fixation, working
conditions, functions of trade unions, utility of collective bargaining, use and abuse of strikes,
labour indiscipline, and workers’ participation in management.

Oxford Approach:-
The Oxford approach is promoted by Flanders. According to him, a business is a social
system with a structure of relationships. The industrial relations field is a study of institutions
of job regulations, such as work rules, wage structure, grievance procedures and trade unions.

The Oxford approach focuses on the political process of collective bargaining and side line
aspects, such as technology, market and ideology. The Oxford approach is generally
perceived to be a narrow approach.

CONCLUSION

To conclude,

The following are the major aspects of the changing profile of new industrial workers:

They have a higher level of education.

They possess better technological and industrial skills.

They are more committed to the industrial way of life.

They are better skilled and equipped to negotiate salary and other benefits.

The following are the major aspects of the changing scenario of IR in India:

Workers adjust better to the work environment than their predecessors.

More skilled workers are required due to the changing needs of industries and increasing
applications of technology.

Aspirations of new industrial workers are higher than their predecessors.

SUGGESTIONS TO IMPROVE INDUSTRIAL RELATIONS

The workers’ participation in management decision-making should be encouraged.

The role of the state should be viewed in a healthy way.


The organisation should enhance engagement levels with the workforce.

The organisation should strive to maintain high motivation levels of the workforce.

The organisation should provide an opportunity for self-expression to the employees.

The management should try to ensure that the basic needs of workers are fulfilled.

After fulfilling the basic needs, the management should try to provide opportunities for social
recognition and self-actualisation to employees.

The management should recognise and reward high levels of performance.

The organisation should invest in training and development of its human resources.

ANSWER: 2

INTRODUCTION

Trade unions are organised associations of workers in a trade or profession. These are
interested in the economic or social welfare of the workers & are formed to further their
rights and interests.
In India, Trade Unions in India are registered under the Trade Union Act (1926).

Trade unions perform various functions, such as negotiating with employers on labour related
issues, any changes affecting the workplace and concerns of members. Any agreement
finalised with the employers are binding on the union members.

Trade Union Act, 1926 defines a trade union as a temporary or permanent combination of
workers formed for the purpose of regulating the relationship among workers and employer
or between employers or between the workers at the workplace.

FOUR MAIN FORMS OF TRADE UNIONS


Corporatist: This form of trade unionism is found mostly in a fascist, totalitarian or one party
state.

Economistic: This form of unionism states that unions should be focused on the bread and
butter issues of wages and working conditions.

Political: In this form of unionism, the trade union is formally affiliated to a political party.
Social Movement: This form of unionism combines the struggle for the basic concerns of the
union members along with the aim of greater control on the work processes and larger
demands for social, environmental and economic justice. They advocate social policies and
legislation favourable to their members.

CONCEPT AND APPLICATION

“Trade Unions in India have evolved after Independence”


The trade union movement began in India during the British colonial rule, but the
development was quite gradual as compared to other countries.

The evolution of trade unionism in India can be organised into three phases, as follows:

The First Phase (1850 to 1900):


During this period, the living con- ditions of the workers were quite bad. The industrialists
were only interested in profitability and paid meagre wages to the workers. To remove
competition from Indian manufacturers, the British government in India passed the Indian
Factories Act in 1881, which made Indian manufactured goods costlier than British manufac-
tured goods. The British government also abolished the practice of child labour. This period
saw several strikes.

The Second Phase (1900 to 1946):


In 1920, the first trade union at the national level was formed called the All India Trade
Union Congress (AITUC). Soon, several trade unions came into existence. They quickly
grew and developed into organised entities. The root of their quick growth was the famous
Satyagraha movement led by Mahatma Gandhi. Many unions participated in his strike.

Post-Independence Phase (1947-till now):


The partition of the country affected the trade union movement in Bengal and Punjab.

By 1949, there were four trade unions functional in India that are:-
1. All India Trade Union Congress (AITUC)
2. Indian National Trade Union Congress (INTUC)
3. Hind Mazdoor Sabha (HMS)
4. United Trade Union congress (UTUC)

These unions were affiliated to some political party. The AITUC was affiliated to the
Communist Party of India, while INTUC was affiliated to the Congress Party.

Today, there are 12 Central Trade Unions in India which are:


1. All India Trade Union Congress (AITUC)
2. Indian National Trade Union Congress (INTUC)
3. Hind Mazdoor Sangh (HMS)
4. United Trade Union Congress (UTUC)
5. Bharatiya Mazdoor Sangh (BMS)
6. Centre of Indian Trade Unions (CITU)
7. Hind Mazdoor Kisan Panchayat (HMKP)
8. Indian Federation of Free Trade Unions (IFFTU)
9. National Front of Indian Trade Unions (NFITU)
10. National Labour Organisation (NLO)
11. Trade Unions Coordination Centre (TUCC)
12. United Trade Union Congress – Lenin Sarani (UTUC-LS)

Trade Unionism in India the Modern Form


Today, there are as many as 9000 trade unions in India, including the unregistered ones. The
growth and presence of trade unions is not very even. Trade unions are prevalent in the
organised industrial sec- tor, but they are negligible in agriculture and unorganised sectors.
Trade unions are highly common in heavy industries, including rail- ways, textiles, coal,
ports, iron and steel, tobacco, cement, and bank- ing. Of all the unions, more than 70% have a
membership of less than 500 members. Only 131 unions have more than 5000 members.
There are approximately 10 trade unions at the national level. To be- come a central trade
union, the union should be present in at least four states and four industries, and have more
than 5 lakh combined members.

The top five central trade unions in India are as follows:


1. BMS: 331 lakh members
2. INTUC: 271 lakh members
3. aITUC: 18 lakh members
4. HMS: 15 lakh members
5. CITU: 3.4 lakh members

Trade Unionism in the 21st Century


Proposed amendments
The Ministry of Labour and Employment has been deliberating on inserting a provision for
recognition of trade unions at the central and state level. Contemplation to incorporate such
an amendment has come in the wake of numerous representations by trade unions. Hence, on
20th July 2018, the Ministry has published a notification in the official gazette proposing the
amendment and has invited comments from the stakeholders and participants on the draft
amendment.

If passed, a new Section 28A and Sub-section (2A) to Section 29 (2) will be inserted which
will provide for compulsory recognition of Trade unions at both federal levels.
CONCLUSION

ISSUES IN UNIONS
Job Stability: Trade unions aim to ensure the continuity of jobs of workers and prevent
retrenchment..

Pension Protection: Trade unions continually fight for pension benefits for their members.

Collective Bargaining: Trade unions can negotiate with the management and engage in
collective bargaining with the management for better wages, improved working conditions,
and better benefits.

MEASURES TO STRENGTHEN TRADE UNION


Maintain Unity: All workers should unite to present a strong voice to their demands.

Be Free of Political Influence: The political parties are more focused on their political
ideologies instead of the workers’ welfare. The union leaders should be from the union itself
who understand the issues of the workplace and not from any political party.

Focus on workers’ Education: The union should emphasise on educating its members.
Educated members are likely to be more disciplined and aware of their responsibilities and
rights.

To conclude in the end,

Trade Unionism in India has come a long way. Initially from having no legal backing to
illegalizing “strikes” by the unions to granting them registration procedure and compulsory
recognition and now having full-fledged legislations and special courts, trade unions in India
have attained remarkable status/standing in the labour movement.

However, there are still few impediments that the trade unions face such as lack of financial
resources and governmental support.
ANSWER: 3a

INTRODUCTION

ALL INDIA TRADE UNION CONGRESS (AITUC)

https://en.m.wikipedia.org/wiki/File:Aituc-flag.svg

The All India Trade Union Congress is the oldest trade union federation in India.

It is politically associated with the Communist Party of India.

It was founded on 31 October 1920 with Lala Lajpat Rai as its first president.

According to the Ministry of Labour; AITUC had a membership of 14.2 million in 2013.

INDIAN NATIONAL TRADE UNION CONGRESS (INTUC)

https://en.m.wikipedia.org/wiki/File:INTUC_logo.png

Indian National Trade Union Congress (INTUC) is a national trade union in India.

It was founded on 3 May 1947 and is affiliated with the International Trade Union
Confederation.
The foundation of INTUC on 3 May 1947 just 3 months before India attained independence.

Acharya JB Kripalani, who was President then of the Indian National Congress inaugurated
the Founding conference of INTUC.

According to the Ministry of Labour; INTUC had a membership of 33.95 million in 2013,
making it the largest Trade Union in India.
CONCEPT AND APPLICATION

ALL INDIA TRADE UNION CONGRESS (AITUC)


From 1905 onwards there was a notable advance in the working class actions. A strike took
place in Bombay against the extension of working hours.

Another great event that led to the formation of AITUC was strike by industrial workers of
Bombay from July 24 to 28, 1908, in protest against the pronouncement of judgement
sentencing six years imprisonment to freedom fighter Bal Gangadhar Tilak.

In 1918 a great strike in the cotton mills of Bombay started and soon it spread to other areas.
The strike against the Rowlatt Act had a great impact on the national struggle itself. Read
about Indian Freedom Struggle List for relevant information.

AITUC in its second session in 1921 in Jharia had adopted a resolution of Swaraj (Complete
independence from British rule), almost eight years before the platform of freedom struggle-
the Indian National Congress adopted such resolution in 1929.

INDIAN NATIONAL TRADE UNION CONGRESS (INTUC)


To achieve a membership of one crore within a period of five years, we will have to set about
the task of further strengthening our affiliates who are mainly in the organised sector of the
industry as well as to organise the unorganised in the growing informal and sprawling rural
sector.

The State Branches of INTUC and National Industrial Federations are called upon to convene
a special meeting of their Working Committees for detailed review of the existing
organisational situation and to plan for the future to achieve the goal of the INTUC to have a
membership of one crore. The programme should be time scheduled and properly targeted
with provision for regular periodic and systematic review and appraisal.

CONCLUSION

To conclude,
ALL INDIA TRADE UNION CONGRESS (AITUC)
Some of the key points to know about All India Trade Union Congress:-

To coordinate the activities of the trade unions affiliated to the AITUC.

To watch, promote, safeguard and further the interests, rights and privileges of the workers in
all matters relating to their employment.
To secure/maintain for the workers: The freedom of speech, The freedom of press, The
freedom of association, The freedom of assembly, The right of strike and The right to
work/maintenance.

To abolish political or economic advantage based on caste, creed, community, race or


religion; to fight against all forms of social oppression and injustice.

INDIAN NATIONAL TRADE UNION CONGRESS (INTUC)


Some of the key points to know about Indian National Trade Union Congress :-

To secure an effective and complete organisation of all categories of workers, including


agricultural labour.

To obtain for the workers various measures of social security, including adequate provision in
respect of accidents, maternity, sickness, old age and unemployment.

To secure a living wage for every worker in normal employment and to bring about a
progressive improvement in the workers standard of living.

To regulate hours and other conditions of work in keeping with the conditions of the workers
and to ensure the proper enforcement of legislation for the protection and up-lift of labour.

ANSWER: 3b

INTRODUCTION

BHARATIYA MAZDOOR SANGH (BMS)

https://en.m.wikipedia.org/wiki/File:Bharatiya_Mazdoor_Sangh_Logo.png

The Bharatiya Mazdoor Sangh is was founded by Dattopant Thengadi on 23 July 1955 and
now has head

The BMS is not affiliated to any International Trade Union Confederation.


It is the labour wing of the Rashtriya Swayamsevak Sangh and forms part of the Sangh
Parivar.

According to the Ministry of Labour, the BMS had a membership of 6,215,797 in 2002.

HIND MAZDOOR SABHA (HMS)

https://en.m.wikipedia.org/wiki/File:HMSflag.png

The Hind Mazdoor Sabha was formed by the Socialists in 1948 but has little real connection
with the Socialist Party.

It is one of the least political and most pragmatic trade-union federations in India.

The HMS is affiliated with the International Confederation of Free Trade Unions.

According to the Ministry of Labour, HMS had a membership of 3342213 in 2002.(13% of


the total trade union membership in the country).

CONCEPT AND APPLICATION

BHARATIYA MAZDOOR SANGH (BMS)


The first task was to build a strong organisational structure on the noble principles already
declared. Constant tour of the country by Shri Thengadiji and the local efforts of his then
colleagues resulted in setting up of a union here and a union there.

Of the 44 industries classified by the Ministry of Labour, Government of India for the
purpose of membership verification, BMS has affiliated unions in all industries. BMS has
membership of almost 1 crore in all States comprising more than 5000 affiliate unions.

BMS is a productivity oriented non-political CTUO. It rejects the idea of State control rather
it views it as an evil to be restricted to inevitable sectors like defence but stands firmly for the
principle of public accountability of each industry and consequent enunciation of public
discipline.

In Modi Government tenure, BMS called for nationwide movement on 10 June 2020 to
protest privatisation in PSUs.
HIND MAZDOOR SANGH (HMS)
HMS believes that the workers have a stake in a democratic state and the development of the
egalitarian society. Wherever and whenever these values are flouted, HMS will raise its voice
and protest.

In the second convention held at Hyderabad in 1949, HMS came out with a declaration that
the concept of bread and freedom was indivisible and no economic concessions would be
sought at the cost of freedom and democracy. During the years 1948 to 1953, HMs had to
launch heroic struggles in furtherance of its basic belief in bread and freedom and its growth
was rapid.

HMS today has emerged as a powerful centre in the vital industry of transport of all kinds. It
has also influenced the coal belt, textile, plantations, steel and other major industries. It has
affiliates in all the States in India. Quite recently it has expanded itself in the unorganised
sector both rural and urban.

CONCLUSION

To conclude,

BHARATIYA MAZDOOR SANGH (BMS)


Some of the key points to know about Bharatiya Mazdoor Sangh:-

Naturally, It believes that the whole humanity is one and different nations are only its various
facets. It therefore rejects the “Class Struggle” theory of Marx and hence the fight of BMS is
not against any class but against injustice and exploitation.

Unity in diversity is the special feature of Indian culture and accordingly BMS tries to bring
together different trade unions and participates in joint campaigns for the solution of workers
problems.

It considers STRIKE as a last resort after failure of bilateral talks, negotiations and
arbitrations.

HIND MAZDOOR SANGH (HMS)


Some of the key points to know about Hind Mazdoor Sangh :-

The aims and objectives of Hind Mazdoor Sabha can be summed up as creating " a free and
independent trade union movement and upholding democratic values and principles and
being a change agent in the formation of an egalitarian society in which people's basic needs
would be met."
Provision of adequate housing and leisure, compulsory primary education, vocational
training, child welfare and maternity protection.

Effective recognition of the right of collective bargaining, right to strike, freedom of


association, freedom of speech, right to personal liberty and freedom of movement.

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