Employee Relations Management

Cover Employee Relations Management Copyright About the Authors Contents Foreword Preface Part i Context Industrial Relations: Evolution and Growth The Evolution of Industrial Relations Definitions of Industrial Relations A Working Definition The Scope of Industrial Relations For Class Discussion Factors Shaping the Industrial Relations Climate Objectives of Industrial Relations At the Industry or Enterprise Level At the State Level Essential Features of Industrial Relations Conditions for Congenial Industrial Relations Principles for Promoting Healthy Industrial Relations Participants of Industrial Relations System and Dynamics of Their Participation Industrial Relations: Perspective and Approach The Unitary Approach For Class Discussion Systems Approach: The Dunlop Model The Conflict Approach Weber’s Social Action Approach The Gandhian or Trusteeship Approach The Marxian or Radical Approach Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Industrial Relations in India The System of Industrial Relations in India The Role of the State The Labour Policy Tripartism in India’s Industrial Relations System The Impact of the ILO on Indian Labour Relations The Historical Perspective The Protective Phase (1947–1956) The Consolidation Phase (1956–1965) The Conflict-ridden Interventionist Phase(1966–1976) The Directionless Phase (1977–1980) The Productivity-, Efficiency-, Quality-orientation Phase (1981–1990) The Competitive Phase Trends in Industrial Relations Management The Inclusion of the Needs of Unorganized Labour Labour Laws Conclusion Summary Key Tearms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Appendices Appendix I Appendix II Appendix III Industrial Relations in Major Industrialized Economies: A Comparative Study Industrial Relations: A Historical Perspective The International Factors The Political Factors Industrial Relations in the UK The Evolution Trade Unions in the UK For Class Discussion Industrial Relations in the EuropeanUnion The Trends in the EU Industrial Relations in the USA Trade Unions in the USA Labour Legislations in the USA Industrial Relations in Australia The Evolution The Recent Changes Trade Unions in Australia For Class Discussion Industrial Relations in China The Historical Perspective Trade Unions in China Industrial Relations in Japan The Historical Perspective Trade Unions in Japan Industrial Relations in South Korea The Historical Perspective Trade Unions in South Korea Industrial Relations in Singapore International Trends Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading The Changing Characteristics of Industry and Workforce in India The Changing Characteristics of Industries The Changing Characteristics of the Industrial Workforce The Indian Workforce Prior to the Recent Changes The Impact of Industrial Change on the Workforce The Factors Facilitating Adaptation to Changes The Current Employment and Unemployment Situation The Composition and the Demographic Features of the Workforce The Demand for Labour Employment Distribution The Impact on Labour Deployment, Utilizationand Productivity For Class Discussion The Challenges to IR The Employer’s Perspective The Employee’s/Union’s Perspective The Government’s Perspectiveand the Labour Laws Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Trade Unionism and Trade Unions The Concept of Trade Unionism For Class Discussion Characteristics of Trade Unionism The Origin of Trade Unionism The Impact of Trade Unions Principles of Trade Unionism Theories for the Emergence of Trade Unionism Reasons for Joining a Trade Union Tools of Trade Unionism Politics and Trade Unions Rights of Trade Unions Roles, Functions and Objectives of Trade Unions Objectives of Trade Unions Functions of Trade Unions Activities of Trade Unions Features of an Effective Trade Union The Classification of Trade Unions The Evolution of the Trade Union Structure Determinants of the Growth of Trade Unions Strategies for the Achievement of Trade Union Objectives The State of Trade Unions in the World Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Trade Unions in India Phases in the Growth of Trade Unions in India The Pre-independence Phase The First Post-independence Phase The Second Post-independence Phase (Mid-1960s–1980) The Third Post-independence Phase (1980–Pre-liberalization Era) The Fourth Post-independence Phase (Post-liberalization Era) The Structure of Trade Unions in India Union Security Political Affiliations of Trade Unions The Problems of Trade Unions in India The Politicization and Proliferation of Unions Outside Leadership Inter-union Rivalry Intra-union Rivalry Small Size Financial Insecurity The Changing Demography of Workforce The Recognition of Unions Rights of Recognized Unions For Class Discussion Unfair Labour Practices with Regard to Trade Unions Trade Unionism in India Today The Trade Unions Act, 1926 Scope and Coverage Objectives Provisions Managerial Trade Unionism Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Part ii Paradigm Shift From Industrial Relations to Employee Relations A Shift in Focus The Employee–Employer Relationship For Class Discussion Why ERM? Employee Relations Management Industrial Relations and Employee Relations: Differences in Perspectives Influencing Factors Principles Scope Objectives Preconditions Measures Linkage Human Resource Management Line or Staff Function The Role of an HR Manager Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Suggested Reading Employee Relations Management at Work Employee Relations in a Strategic Framework Employee Relations at the Workplace Principles, Structures, Functions, Policies and Processes For Class Discussion The Role of an Employee Relations Manager Culture and Employee Relations Culture Design for Employee Relations Organizational Behaviour in Culture Design The Future of Employee Relations Transition Employee Relations and the Management of Change For Class Discussion Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Part iii Legislations and Administration Labour Legislationin a Changing Context For Class Discussion The Classification of Labour Laws The Regulation of Working Conditions Legislations Related to Social Security The Scheme for a Structured Study of the Acts The Factories Act, 1948 Objectives Coverage Applicability Definitions For Class Discussion Structure Main Provisions The Shops and Establishments Act, 1953 Objectives Scope and Coverage Main Provisions The Contract Labour (Regulation and Abolition) Act, 1970 Objectives Scope and Coverage Definitions Registration and Licensing Duties of the Controlling Authorities For Class Discussion Duties of Contractors Duties of the Principal Employer The Engagement of Contract Labour The Prohibition of Employment of Contract Labour The Central and State Advisory Boards Facilities for Contract Labour Payment of Wages Other Laws Applicable to Contract Labour Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Social-security Legislations Major Legislations The Employees’ State Insurance Act, 1948 Scope, Applicability and Coverage Important Terms Used in the Act Administration Benefits in Detail Obligations of Employers Maternity Benefit Act, 1961 Objectives Coverage Provisions The Workmen’s Compensation Act, 1923 Scope and Coverage For Class Discussion For Class Discussion Compensation The Payment of Gratuity Act, 1972 Scope, Coverage and Definitions The Calculation of Gratuity Gratuity not Payable Obligations of the Employer The Process for Receiving Payment Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 Objectives Scope and Coverage Defi nitions Provisions Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Wage Legislation The History of Wage Legislation The Need for Wage Legislation The Regulation of Wages The Payment of Wages Act, 1936 Coverage Important Terms Provisions The Enforcement Machinery Penal Provisions The Minimum Wages Act, 1948 For Class Discussion Objectives, Scope and Coverage Important Terms Main Provisions For Class Discussion The Payment of Bonus Act, 1965 Labour Appellate Tribunal (LAT) Formula Bonus Commission Objectives Applicability Important Terms Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Industrial Relations: Institutional Framework for the Prevention and Settlement of Industrial Disputes Industrial Conflict The IR Perspective The ER Perspective The Big Picture Industrial Dispute Under the ID Act Industrial Dispute: Concept Forms of Industrial Action Different Forms of Strike Types of Disputes The Classification of Disputes Severity of Effects Causes of Industrial Dispute For Class Discussion Measures to Improve Industrial Relations Industrial Disputes: A Historical Perspective Sector-wise Trends Spatial Trends A State-wise Comparison Industry-wise Trends Cause-wise Trends Machinery to Deal with Industrial Disputes Statutory and Non-statutory Measures The Industrial Disputes Act, 1947 Objectives Definitions The Prohibition of Strike and Lockout Illegal Strikes and Lockouts Lay-off, Retrenchment and Closure Closure of Undertaking Last IN–First OUT Unfair Labour Practices Settlement Machinery Conclusion Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Industrial Conflict: Settlement Machinery The Settlement of Disputes: An Overview Conciliation Conciliation Officers The Protection of Workmen During Pendency of Conciliation Proceedings Obligations of Employers Obligations of Employees The Board of Conciliation The Performance of Conciliation Machinery Arbitration Compulsory Arbitration Voluntary Arbitration National Arbitration Promotion Board The Evaluation of the Working of Voluntary Arbitration Adjudication Types of Adjudication Labour Courts The Second National Commission on Labouron Labour Relations Commissions Industrial Tribunals National Tribunals The Performance of Adjudication Machinery The Recommendation of the National Commission on Labour on Settlement Machinery Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Industrial Disputes: Institutional Framework and Preventive Measures Harmonious Relations A Framework of Preventive Measures Institutions/Consultative Bodies For Class Discussion Joint Consultative Tripartite Bodies Industrial Committees Bipartite Bodies Works Committee Joint Management Councils Ethical Code: Code of Discipline Standing Orders For Class Discussion Grievance Procedure Collective Bargaining Managing Discipline Disciplinary Procedures Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Wage Determination, Wage Administration and Employee Relations The Context and Concepts of Wage Minimum Wage, Fair Wage and Living Wage The Evolution of Wage Administration in India Legislation Policy Recommendations and Resolutions Wage Boards Job Evaluation Components and Determinants of Wage Components of Wage Determinants of Wage Wage Structure The Purpose of Wage Structure Towards a Wage Policy Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Labour Administration An Introduction to Labour Administration The Concept of Labour Administration Scope of Labour Administration The Evolution of Labour Administration in India Labour Policy in India For Class Discussion Labour Laws Voluntary Arrangements Labour Administrative Machinery of the Government Ministry of Labour Attached Offices Subordinate Offices The Autonomous Organizations Adjudication Bodies Labour Administration Machinery of the State Government The Role of ILO in Labour Administration Recommendations of the Second National Commission on Labour, 2002 Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Part iV Skills Negotiation Essentials for Employee Relations Conflict and Negotiations Approaches to Resolve Conflict For Class Discussion For Class Discussion The Dual Concern Model of Conflict Resolution Is “Conflict” Desirable? Negotiation Employee Relations and Negotiations Situations Requiring Negotiation Integrative and Distributive Negotiation Strategies The Basic Negotiation Process Preparation Opening Bargaining Closing Essential Skills Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Soft Skills for Employee Relations What are Soft Skills? Emotional Intelligence and Competence For Class Discussion A “Framework” The Role of an ER Manager/Professional Conclusion Summary Key Terms Review Questions Questions for Critical Thinking Debate Case Analysis Notes Suggested Reading Glossary Index The introduction of the new economic policy in 1991 had a significant bearing on industrial relations. Coupled with liberalization, these policies changed the way industries functioned in India. It forced the government, employers and trade unions to align themselves to new realities. There is an ongoing transition in industrial relations on the global scale as well. The focus is gradually shifting from traditional industrial relations, characterized by conflict resolution, to employee relations management, characterized by collaborative partnerships between the employers and the employees. Employee Relations Management focuses on this ongoing transition from industrial relations to employee relations. It introduces readers to the fundamental concepts and relevant pieces of legislation against the backdrop of globalization and the new economic policy Serves as a textbook for postgraduate students of human resources management and personnel management. Highlights the gradual transition of industrial relations to employee relations. This shift from conflict resolution to collaborative partnerships between the employer and the employee has been explained against the backdrop of globalization and liberalization which had a profound effect on the economy and the industry