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 Types ofemployment
Full -timeand part-timeemployees
Casual employees
Fixed term and contract
Apprentices and trainees
Commission and piecerateemployees
There are a numberofways you can employ staffand it’s important that you understand thecorrect wageand leaveentitlements foreach arrangement.
Check yourobligations by contacting Wageline ortheFairWork Ombudsman.
Full-time and part-time employees
Full-timeemployees work on aregular basis foran average of 38 hours per week. An employee’s actual hours of work are agreed between theemployer
and the employee,and/ or are set by an award orregistered agreement.
Full-timeemployees areentitled to thefollowing leave:
 annual, personal,sick, and carer’s;
 bereavement orcompassionate;
 parental; and
 long service
They are also entitled to publicholiday pay iftheholiday falls on aday they would usually work.
Part-timeemployees usually work less than 38 hours perweek and generally have regularhours. They receive the samewages and conditions as full-time
employees on a proportionateorpro-ratabasis, according to thehours they work.
Casual employees
Casual employees are engaged on an irregular basis according to business demands and have:
 no expectation ofongoing work;
 no obligation to accept offers ofwork;
 a loading paid on top oftheirhourly rateof pay;
 no sick or annual leave pay; and
 no obligation to providenoticeofending theiremployment,unless this isarequirement ofan award, employment contract orregistered agreement.
In somecircumstances, casual employees may be eligibleforlong serviceleave and parental leave after being employed for12 months
Fixed term and contract employees
You can employ someoneon afixed term or contract basis for an agreed length oftimeorto perform a specifictask; to work on a particularproject or to
replace an employeeon leave, for example.
Fixed term employees can work full or part-timeand are entitled to thesameleave entitlements as permanent staffbut on apro-rata basis,depending on the
length ofemployment
TIP:Negotiatethelength of employment beforethe employeestarts working and include this ina written agreement.
Apprentices and trainees
Apprentices and trainees may be suitableforyourbusiness.They are working towards anationally recognised qualification and must beformally
registered, usually through acontract between aregistered training provider,theemployeeand you.
You must pay apprentices and trainees according to theiraward or registered agreement.
For moreinformation contact yourlocal Apprenticeship Network provider
TIP:You arenot required to paypayroll tax onthewages ofregistered apprentices and trainees during their training contract.
Information
Who is an employee?
Whilein most cases it will beperfectly clear who is an employee, sometimes it is not quiteso clear.Forexample,a business anxious to avoid employment
legislation,tax and social insurancemay insist that all peopleworking forthefirm are self-employed rather than employees.In other words,theperson you
are doing work for insists that you arenot his/heremployeebut instead you areaself-employed person asked to do a particular pieceof work.You
however, consideryourselfto be an employee. In this case - who is right?
Employed or self-employed?
Deciding whetheryou are employed orself-employed has anumberof implications foryou.Themajority ofemployment protection legislationapplies to
employees only and thetax and social insurancesystem will treat you very differently depending on whetheryou are employed orself-employed.
There is no definition of‘employed’or‘self-employed’in employment law.Thedecision on youremployment status is reached by looking at what you do,
how you do it and theterms and conditions underyou wereengaged. Theimportant point is that you (ortheperson you do work for) don't makethefinal
decision.Instead, theRevenue Commissioners ortheDepartment ofSocial Protection orperhaps acourt ortribunal will makethat decision applying
standard tests and based on thereal natureof yourworking relationship.Examples ofsuch tests are: whetheryou control the work, who supplies the
materials and whether you get holiday pay.
So it could bethat in law you are considered an employee,even though you haveagreed with anotherperson that you will work forhim orher as aself-
employed person.The Codeof Practice for Determining Employment orSelf-employment Status ofIndividuals (pdf) contains criteriawhich can beused
to clarify whethera person is employed orself-employed.
Part-time employees
Part-timeemployees are in a similarposition to full-timeemployees when it comes to employment protection legislation,although in someinstances a
part-timeemployeewill need to work a set minimum numberofhours foraset period oftimebefore acquiring rights.You can read moreabout the
protection ofpart-timeemployees in this explanatory booklet (pdf) from WorkplaceRelations CustomerServices
Fixed-term employees
Many morepeopleare now employed on afixed-term basis (or on specificpurposecontracts). Employees working on repeated fixed-term contracts are
covered underthe UnfairDismisals legislation,through they need to haveat least oneyear's continuous servicebefore they can bring aclaim under the
Unfair Dismissals Act.Underthe Protection ofEmployees (Fixed Term Work) Act 2003, employers cannot continually renew fixed term contracts.
Employees can only work on oneor morefixed term contracts for acontinuous period offouryears. After this theemployeeis considered to have a
contract ofindefiniteduration (e.g. apermanent contract). Underthe Act fixed-term workers cannot betreated less favourably than comparable permanent
workers. You can read moreabout theProtection of Employees (Fixed Term Work) 2003 Act in this explanatory booklet (pdf) from WorkplaceRelations
CustomerServices.
Casual employees
There is no definition of'casual employees' in employment law.In reality,casual workers are on standby to do work as required without fixed hours or
attendance arrangements. However, theseworkers are employees,for employment rights purposes.
Somelegislation will apply,forexample,theright to receive a pay slip.In otherinstances where aset period ofemployment is required it will beunlikely
that a casual employeewill havesufficient service to qualify,for example,2 years' service is required in order to be entitled to statutory redundancy.
Children and young people
Thelaw does not allow children (that is,thoseaged under16)to be employees apart from in very restricted circumstances, for example,to take part in a
film.
 Children aged over14 may do light work outsideschool term.
 Children aged over15, but under16, may also do light work and this may beduring school term.
In any ofthe abovecircumstances there are restrictions on thenumberofhours that may be worked and when thework may be done,with a complete
prohibition on work between 8pm and 8am.
Different kinds ofemployment
 What’s the difference between an employeeand independent contractor?
 What’s the difference between part-timeand full-timework?
 What does casual work mean?
 What does being on a fixed term mean?
 What does doing a seasonal job mean?
What’s the difference between anemployee and independent contractor?
An employeeis anyonewho has agreed to beemployed,under a“contract of service”, to work for someform of payment.This can includewages, salary,
commission and piecerates (see also All Things Pay section). Volunteers (i.e. peoplewho have no expectation ofreward forwork performed), share-
milkers (atypeof farmer), self-employed orindependent contractors,or real estateagents (if theircontract says they are an independent contractor) are not
employees.
It is important to beclear about whetheryou are an employeeoran independent contractor, as only employees receive minimum rights and entitlements,
such as paid annual holidays,sick leave, etc, underemployment legislation. However,independent contractors and volunteers still receiveprotections
underHealth & Safety legislation.
For moreinformation about determining what is employeeoran independent contractor,pleasesee our Who is an employee page.
What’s the difference between part-time and full-time work?
This usually means how many hours you haveto work. Employment legislation does not definewhat afull timeorpart timeworkeris. However, full-
timework is usually around 35-40 hours aweek, and part-timework might beany numberofhours aweek like10 or 25.You have exactly thesame
employment rights ifyou areapart-timeor full-timeemployee.
What does casual work mean?
There is no definition in employment legislation definingwhat acasual is. Normally it means that you work as and when required, i.e. when theemployer
calls you into work. This can sometimes happen becauseit is hard for theemployerto predict when that work needs to be done,or when thework needs to
be donequickly. If you are employed to do casual work, this must bemadeclearin youremployment agreement.
What does being on a fixed term mean?
There are special rules forbeing employed on a fixed term agreement. You can only beemployed on afixed term ifthere is agenuinereason (likefilling in
for apermanent employee,seasonal work likefruit picking,or until aproject is complete).Youremployermust also tell you how and when the
employment will end,beforeyou start thejob.This must berecorded in youremployment agreement.
What does doing a seasonal job mean?
A seasonal job is usually atypeoffixed term agreement where theemployerneeds someextra workers for a certain job that comes up every ‘season’, for
exampleto pick apples when they ripen. After thework is completed (forexample, when all the apples are picked)the employerdoes not need the
workers and thefixed term ends.
What is anemployment agreement?
An employment agreement sets out theterms and conditions ofyourjob.Underthelaw, youremployermust provideyou with awritten employment
agreement, no matterwhat kind of job you do.You can havean individual agreement,orifyou join aunion,a collectiveagreement.
An employment agreement is agreed to by both theemployerand theemployee.An individual employmentagreement is just between you and your
employerand may be similarto any collectiveagreement in yourworkplace. A collectiveagreement is negotiated by a union representing employees who
are members of the union.
Youremployment agreement is themost important document about yourjob.Makesureyou sign it and keep acopy ofit in a safe place.
What does an employment agreement looklike?
An employment agreement is alegal document that contains the‘terms and conditions’ofyouremployment.
An individual employment agreement must include:
 Employer & Employee – yourname and youremployer’s nameas you are both ‘parties’to theemployment agreement
 Position– theposition which you areemployed in (e.g. shop assistant).
 Duties – what typeof work you will berequired to do as part of yourjob (e.g. customerservice, point ofsale, keeping theshop and items tidy)
 Placeof Work– where you will berequired to work.
 Working Hours – what hours you will berequired to work.If you change yourworking hours,you and youremployershould updateyour
employment agreement with thenew hours.
 How and what youwill be paidfor your work. Your pay must beat least the minimum wageifyou are16 orolder. Yourwages must bepaid
in money (i.e. in cash, cheque, or transfer offunds into yourbank account), not in goods orservices provided.
 Public Holidays – youremployment agreement has to say that you will bepaid at least time-and-a-halffor any timeworked on a publicholiday.
You still get all otherpublicholiday rights covered by thelaw,even ifthey are not written into youremployment agreement.
 Resolving Employment Relationship Problems – youremployment agreement has to contain an explanation ofthesteps that should betaken
to deal with workplace problems ifthey happen.It is important that both you and youremployerfollow thesesteps ifyou haveaproblem at
work.
 Employee protection provision – youremployment agreement must say what process theemployerwill follow in restructuring situations,such
as jobs being reorganised or cut.
 Somethings (likerest and meal breaks, orfour weeks annual holidays)do not need to be in youremployment agreement but youremployermust
still providethem by law.Ifyou and youremployeragree to betterterms and conditions theseshould berecorded in youremployment
agreement.
 Youremployment agreement can also contain other terms and conditions that you and youremployerhaveagreed to. Click here to see what
things areminimums inlaw and what are negotiable.
 An Urban area is alocation characterized by high human population density and vast human-built features in comparison to theareas surrounding
it.Urban areas may be cities,towns orconurbations,but theterm is not commonly extended to rural settlements such as villages and hamlets.
 Unlikean urban area, a metropolitan area includes not only theurban area, but also satellite cities plus intervening rural land that is socio-
economically connected to theurban core city,typically by employment ties through commuting,with theurban corecity being theprimary labor
market.
 ROLE OFEMPLOYMENT
 Theexperience ofcountries that succeeded in reducing poverty
 significantly indicates theimportanceofhigh rates ofeconomicgrowth
 in achieving this.High growth,however, is not asufficient condition for
 poverty reduction; thepattern and sources ofgrowth as well as the
 mannerin which its benefits are distributed areequally important from
 thepoint ofview of achieving thegoal ofpoverty reduction. In this
 context,employment plays akey rolein all developing countries.Indeed,
 countries which attained high rates of employment growth alongside
 high rates of economicgrowth are also theones who succeeded in
 reducing poverty significantly.
Has employment fallen in India?
KEY CHARACTERISTICS OF EMP.AND UN-EMP.
TheNational Sample Survey (NSS) has just released somekey characteristics ofemployment and unemployment in Indiabased on thesurvey conducted
between July 2009 and June2010.Discussion on thesetopics in Indiaoften loosely uses languageofemployment and labourmarkets from themore
developed world, with misleading and confused conclusions.
To illustratetheproblem,considerthefollowing: oneemployment measurecommonly used in Indiais theso called Usual Principal and Subsidiary Status
(UPSS) —ameasure ofemployment based on timespent in theyearbefore the survey.This numberhas been used to concludethat employment growth
has slowed. It also raises concerns about thequality ofeconomicdevelopment.
This last conclusion is based on theassumption that all forms ofemploymentin theUPSSmeasureare equally desirable. This is not correct because this
bunched numberhides many distinct structural components.Threeoftheseare worth detailed assessment.Theseare: “Subsidiary status employment”,
employment oftheyoung,and employment ofwomen.
Subsidiary employment:
TheUPSS measure includes,in thedefinition ofemployment and workforce,both principal and subsidiary status activities.Theprincipal activity status
(PS) on which aperson spent arelatively longertime(majortimecriterion)during the365 days preceding thedate ofsurvey is considered theusual
principal activity status oftheperson.A person may have, in addition to his principal status activity,pursued someother economicactivity for30 days or
moreduring this time.Any such activity is termed subsidiary economic activity status (SS).Thetwo measures are used to determinetheworkforce and the
numberofpersons who are working and availablefor work (labourforce). We should expect that improvements in principal status employment or
household well-being can and should lead to reductions in subsidiary employment,afeaturethat emerges in thedata almost consistently from 1983.
Employment inthe young:
Theoverall WPR and the labourforce participation ratio—thenumberofpersons in thelabourforce in thepopulation—areforall age groups.Absence
from thelabour force in different ages is for different reasons and has different social implications.Thus,absenceofindividuals who areyoungerthan 24
is duelargely to their attending school.This featureis sharpest in males and in females below 15, but remains significant in females over15.As wesee in
theaccompanying table, theseage groups seesharp declines in theirWPR. This declinethen can be attributed to an increase in school attendanceand a
declinein child labour, an objectivepromoted consistently in government policies.
Employment ofwomen:
A third hidden dimension in thedatarelates to theemployment ofwomen.Sincethe1980s there has been anear-consistent decline in WPR for women.
This has been commented upon earlierand there may be social and cultural reasons for this trend.
However, disentangling thesedistinct trends leads to very interesting comparisons in theemployment growthdepicted in thetable.
Thetable shows that ifwefocus only on malePS employment in ages 25 ormorethen,far from a slowdown in growth ofworkers since2004,we actually
see asharp increase.
EMPLOYMENT -2
Employment has always featured as an element ofdevelopment policy in India.The
priority and attention it has received in development plans have,however, varied
from timeto timeand so havethe approaches and strategies as well as policies and
programmes foremployment generation.When Indiaembarked on a strategy of
industrialisation-based development in 1950’s,employment was not perceived to be
a majorissuein so faras a relatively fastergrowth of economy as envisaged in the
consecutiveFive Year Plans was expected to generate enough employment,
particularly in industry,to takecare of a small backlog ofunemployment at thetime
and increase in labourforce that was expected to berelatively modest.Ensuring a
regular and adequate supply ofsuitably skilled workforcewas conceived to bea
matterof greater concern. Improving thequality ofemployment, in terms of
reasonable and rising level ofwages and a minimum measureofsocial security
against thecommon risks ofwork and lifewas, however, considered an important
concern ofstate policy.
Publicsector, providing conditions ofgood quality employment,was regarded
as ‘model employer’and expanded its workforce continuously forabout four
decades. Also, where theprivatesector failed to continueoperations ofenterprises
and employment ofworkers, thegovernment took oversuch enterprises,with a
view to, inter alia,protecting employment.Theprivatesectorwas expected to follow
therules of employment as laid down in various legislations and agreements so as
not only to protect employment but ensureits quality.
Growth ofemployment emerged as an important concern in development
planning around themiddleof1970s,when it was realised that economicand
demographicperformance of theeconomy had fallen short of earlier expectations
and as a result unemployment had been on an increase. Theproblem was sought to
be tackled through atwo-pronged strategy: on theonehand, efforts were initiated
to makedevelopment moreemployment oriented,by encouraging growth of
employment intensivesectors and including employment among theobjectives of
~ 2 ~
macro-economicand sectoral policies,and, on theother, special employmentEmploymentPerformance of the
Indian Economy: The LongTerm
Experience
Employment has grown at an average annual rate of two percent in Indiaduring the
past fourdecades since 1972-73 when comprehensiveinformation on employment
and unemployment started becoming availablefrom theNSSO quinquinnial surveys.
In itselfthis could beregarded as asignificant record, as such an employment growth
has not been recorded by many countries historically orin recent periods.In fact,
most countries in general,and developed countries in particular,have had very low
employment growth in recent years. According to ILO data, most ofthem saw an
increase of less than oneper cent per annum in theiremployment during the1990s.
It was 0.45 per cent in United States, 0.18 per cent in United Kingdom,0.32 percent
in France, 0.41 per cent in Germany and -0.15 per cent in Japan. In the case of
developing countries strictly comparabledataare not available,but broad assessment
places theiraverage employment growth at around 1.5 per cent per annum during
that period (ILO, KILM, 2007 and Ghose et al, 2008).During thepast decade, 2001-
2010,employment is estimated to havegrown globally at about 1.5 percent per
annum: thedeveloped countries registering agrowth rate ofbarely oneper cent
during 2001-08,which also seems to havebeen morethan negated by a largedecline
during thenext two years.
India’s significant record on employment growth has,however,not been
adequate in view ofa faster growth oflabourforce. Further, there are a few
disconcerting features of employment growth in recent years. First,employment
growth has decelerated. Second, employment content ofgrowth has shown a
decline. Third,sectors with higheremployment potential haveregistered relatively
slowergrowth.Fourth, agriculture, despiteasharp declinein its importancein gross
domesticproduct,continues to bethelargest employeras the non-agriculturalGrowthof Urban Employment (UPSS)
Primary Sector
Mining &Quarrying manufacturingUtilities ‐Construction
Secondary Sector
Trade, Hotelling Transport &Communicationetc.Financing,Insurance,Realestate &businessservices Community,
social and personal services
Tertiary Sector All Non‐Agricultural
Total 4.55 3.50 2.91 3.40 2.30 4.44 1.78 4.08 3.19 3.27 3.10
Source: Own estimates based on various rounds ofNSS data on employment and unemployment.
Faster Growthof Productive Employment
As theemployment challenge that Indiafaces consists both ofcreating ofnew jobs and improving thequality ofexisting jobs,afaster
economicgrowth is thekey to meet this challenge. A faster growth even with relatively low employment elasticity can generatereasonably
high employment growth with significant increasein productivity.With aview to making employment growth faster,sectors and activities
with relatively higheremployment elasticity could betargeted forparticularly high economicgrowth.But thecompulsion ofraising
productivity with aview to improving employment quality in majorpart oftheeconomy makes it imperativethat economy grows at ahigh
rate to generate therequired numberofnew employment opportunities.Thus thestrategy forcreating quality employment essentially consists
ofa strategy for a rapid and diversified economicgrowth.
A faster growth of agriculturederived from geographically and crop wise
diversification is an essential element ofsuch a strategy in theIndian case.
Agricultural growth is to beachieved not fora quantitativeincreasein employment
but fora qualitativeimprovement in employment ofthoseworkingin thefarm
sector, through increasein productivity and income.So far as thenumbers of
workers in agricultureare concerned oneshould expect them to declineas more
and more ofthem moveout to othersectors.Manufacturing offers itselfas the best
candidatefor absorbing thosemoving out ofagricultureas also otherjob seekers iIt is, however, important that employment in theformal sectorincreases
to
ensure improvement in quality ofemployment on asustainablebasis.‘Restrictive
labourlaws’have often been identified among thefactors that constrain increase in
investment and employment.Forexample,several studies overtheyears have
concluded that employment in organized manufacturing sectorin Indiawould have
been significantly largeriftheprovision relating to priorgovernment permission for
retrenchment, lay off and closure, undertheIndustrial Disputes Act (IDA) was not
madeapplicableto all enterprises employing 100 ormoreworkers (e.g. Fallon and
Lucas, 1991,Besley and Burgess, 2004). World Bank Doing Business Reports
classified Indiaas acountry with stringent regulations,including labourregulations.
(For a detailed account of thefindings ofstudies and reviews on thesubject,see
World Bank, 2010). Though restrictivelabourlaws do not get listed among themost
severe constraints by theemployers,it is widely agreed, including by thegovernment
(See e.g. EconomicSurvey, 2005-06,Planning Commission 2008,Vol.III,pp.49-50)
that someofthelegal provisions including theabovementioned onein IDA and
restrictions in theuseofcontract labourunderthe Contract Labour Regulation and
Abolition Act (CLRA), which specially hindertheoperations offirms that produce
primarily to meet fluctuating export orders,constrain expansion ofproduction and
employment.Political compulsions seem to havemadethegovernment refrain from
taking any initiativeto changethelaw.However, somestates havetaken steps to
modify laws and rules to makeemployment oflabourmoreflexible.Also,a generally
relaxed attitudeto implementation has prevailed in recent years (See Papola, et al
2008).In fact, in a recent speech, thePrime Ministerstated that “….this view (that
thelabourlaws are unduly protectiveoflabour)has lost its importancein recent
years as more and morestategovernments havebecome considerably moreflexibleIn addition to theforegoing demand sidemeasures,an important
initiative
relating to thesupply sideofthelabourmarket that needs special attention is
development ofadequate quantity and quality ofskills.Most workers – employed
and looking forwork – havenot had any vocational training foracquiring skills.
Institutional capacity needs to bevastly expanded fortraining ofyoung entrants to
thelabourmarket and realisation ofthe‘demographicdividend’Indiapotentially
possesses.It also needs to beoriented towards greater flexibility in timing and
regularity to suit therequirements oftheemployed,specially thosein theinformal
~ 76 ~
sector, to enablethem to upgrade theirskills.Training requires to bemadedemand
– induced for which it would benecessary to havean important roleforindustry in
its planning and execution.A public – privatepartnership modeis necessary forthis
purposeas well as for sharing thefinancial cost by theusers. It is hoped that the
nationally launched Skill Development Mission,establishment oftheNational Skill
Development Corporation and formation ofa Council underthechairmanship ofthe
Prime Ministerto monitorprogress will placethesubject on thehigh enoughpriorityto giveeffect to adequateexpansion in theskill baseofthe Indian
workforce
and better matching ofskill supplies and demand,both in quantity and quality.
GOVT. EFFORTS
Thestory of India’s employment experiencein recent years would not becomplete
without areference to theNational Rural Employment Guarantee Programmewhich
has been in operations since2006 undertheNational Rural Employment Guarantee
Act (NREGA), now rechristened as MahatmaGandhi National Rural Employment
Guarantee Act (MGNREGA). Indiahas a long history ofspecial employment
programmes,specially since1970’s when such wage employment programmes,along
with subsidized selfemployment programmes werestarted as apart ofthestrategy
to combat poverty.The uniquefeature oftheemployment programmes under
MGNREGA is theprovision ofmanual work up to 100 days per rural household in a
year, as a matterofa statutory right.It primarily aims at enhancing livelihood
security ofrural households by supplementing theirincomethroughwage
employment.Sideby side,it is also expected to create infrastructuresuch as rural
connectivity and irrigation,enhancethe livelihood and natural resourcebase to
mitigatepoverty and environmental degradation and strengthen grass roots
processes of democracy and infusetransparency and accountability ofgovernance.
Programmes under theAct have now been in operation forover fiveyears. Starting
with 200 districts in 2006,they arenow implemented in all therural districts ofthe
country.Majoroutcomes ofthe programmes during thefirst fiveyears are
summarized in Table32.
Theprogrammecould be regarded as having significant achievements in
terms ofcoverage ofhouseholds,inclusion ofwomen and socially disadvantaged
groups as well therelevance ofthe types ofassets created. Average numberofdays
oremployment provided to participating households has been increasing from year
to year till 2010-11 when it reached 54. It is however, significantly lowerthan
maximu provision of100 days.And in 2010-11,it declined to 47.Averages wages per
day of work stood at Rs 117 in 201-011 rising steadily from Rs 65 in thefirst year
(2006-07).Average earnings ofparticipating households from thework in the
programmenow are thus around Rs 5500 which is asignificant addition to the
incomes ofpoorhouseholds in rural areas. According to astudy based on householdsurvey,earnings from NREGA work made15 per cent of household
incomein
AndhraPradesh and 12 per cent in Rajasthan, though only 5.2 percent in Bihar
(IHD, 2011). Thesedifferences to a large extent reflect theaverage numberofdays
ofemployment provided to participating households in different statesNumerous studies evaluating theprogrammes underNREGA havebeen
undertaken in different parts of thecountry.It is not in thescopeofthis paperto
givean account of theircoverage and findings here. It may, however, benoted that
most ofthem haverelated to theimplementation processes.Weaknesses identified
in implementation include: non-provision ofwork on demand,lack oftransparency in
calculating wages based on scheduleof work,non-payment ofminimum wages,nonpayment
ofwages within stipulated 15 days ofwork,useofcontractors inspiteof
prohibition,non-payment ofemployment allowance,non-provision ofworksite
facilities etc. Cases of“fudging”of musterrolls to ‘sell’entitlements arealso
reported. (For a discussion on different issues involved in implementation seeKhera,
2011).
Employee
An employeecontributes laborand expertise to an endeavor ofan employerand is usually hired to perform specificduties which are packaged into a job.
An Employeeis aperson who is hired to provideservices to a company on aregular basis in exchange forcompensation and who does not providethese
services as part of an independent business.
Employer-worker relationship[edit]
Employerand managerial control within an organization rests at many levels and has important implications forstaffand productivity alike,with control
forming thefundamental link between desired outcomes and actual processes. Employers must balanceinterests such as decreasing wage constraints with a
maximization oflaborproductivity in orderto achieveaprofitableand productiveemployment relationship.
Finding employees or employment[edit]
Themain ways for employers to find workers and forpeopleto find employers are via jobs listings in newspapers (via classified advertising)and online,
also called job boards. Employers and job seekers also often find each other viaprofessional recruitment consultants which receivea commission from the
employerto find,screen and select suitablecandidates.However, a study has shown that such consultants may not bereliablewhen they fail to use
established principles in selecting employees.[1]
A moretraditional approach is with a"Help Wanted" sign in theestablishment (usually hung on awindow
ordoor[2]
or placed on astore counter).[3]
Evaluating different employees can be quitelaborious but setting up different techniques to analyzetheirskill to
measure theirtalents within thefield can bebest through assessments.[4]
Employerand potential employeecommonly taketheadditional step ofgetting to
know each otherthrough theprocess of job interview.
Training and development[edit]
Training and development refers to theemployer's effort to equip a newly hired employeewith necessary skills to perform at thejob,and to help the
employeegrow within theorganization.An appropriatelevel oftraining and development helps to improveemployee's job satisfaction.
Employee benefits[edit]
Employeebenefits are various non-wagecompensation provided to employeein addition to theirwages orsalaries.Thebenefits can include: housing
(employer-provided oremployer-paid), group insurance(health, dental,lifeetc.), disability incomeprotection,retirement benefits,daycare, tuition
reimbursement,sick leave, vacation (paid and non-paid),social security, profit sharing,funding ofeducation and otherspecialized benefits.Employee
benefits improves therelationship between employeeand employerand lowers staff turnover.
Organizational justice[edit]
Organizational justice is an employee's perception and judgement ofemployer's treatment in thecontext offairness orjustice.The resulting actions to
influencethe employee-employerrelationship is also apart oforganizational justice.
Workforce organizing[edit]
Employees can organize into tradeor laborunions,which represent thework force to collectively bargain with themanagement oforganizations about
working,and contractual conditions and services.
Ending employment[edit]
Usually,either anemployee or employer may end the relationship at any time. This is referred to as at-will employment. Models of the
employment relationship[edit]
Scholars conceptualizetheemployment relationship in various ways.[32]
A key assumption is theextent to which theemploymentrelationshipnecessarily
includes conflicts ofinterests between employers and employees,and theform ofsuch conflicts.[33]
Mainstream economics: employment is seen as a
mutually advantageous transaction in afree market between self-interested legal and economicequals
1. Human resource management (unitarism): employment is along-term partnership ofemployees and employers with common interests
2. Pluralist industrial relations: employment is abargained exchangebetween stakeholders with somecommon and somecompeting economic
interests and unequal bargaining powerdue to imperfect labormarkets
3. Critical industrial relations: employment is an unequal powerrelation between competing groups that is embedded in and inseparablefrom
systemicinequalities throughout thesocio-politico-economicsystem.
4. socio-politico-economicsystem.
Thesemodels are important becausethey help reveal why individuals hold differing perspectives on human resourcemanagement policies,laborunions,
and employment regulation.[35]
Wemust get used to theideathat thejob is not static—not agiven.Thetechnology ofelectronics,computers,and so forth
accelerates thedisplacement ofworkers. That is to say,entrepreneurs are enjoying aperiod ofextraordinary success in devising less costly ways of
production.They are not "creating jobs," nor can they be expected to do so; theirfunction is to createwealth. The workerm ust fend for himself.This
makes it all themoreessential that we not demobilizethejob-seeker,but that we encourage thejob-finding,job-creating efforts ofevery worker.
 GOVERNMENT AIDS-CONCLUSIONS
 Government "aid" ofall kinds,whether it becompensation to the"unemployed," reliefto the"needy," price supports to farmers, minimum wages to
workers, subsidies to shipbuilders,easy credit to "small" business,urban renewal grants,defensecontracts to "depressed areas," or"aid to
education," should bediscontinued,ifnot immediately,then gradually.Government should withdraw from the"aid" business,at thesametime
serving noticeon thepeoplethat they must depend upon theirown initiative.Not only thefederal but thestateand local governments should
demobilizetheir"aid" forces.
 Such action,we predict, would befollowed by such asurge ofproductiveactivity as this country has neverseen. As the easy, lackadaisical,
subsidized lifecameto an end, men would bestirthemselves,throw offtheiraid-induced lethargy,shed the cynical "every-body’s-getting-his-why-
shouldn’t-I-get-mine" attitude,and go to work with vigorand daring.
 The"unemployed," having no government crutch to lean upon,would break down the"union wage" tradition and find jobs at market wages. As they
went to work, production would increase,new projects not now feasiblebecause ofcost would spring into being and enterprisewould expand.The
demand for capital would increase. Simultaneously,knowing that they now must depend on theirown resources,peoplewould savemore,providing
thenew investment funds.Opportunities forentrepreneurs would multiply.So would opportunities forworkers.


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Employment Awareness

  • 1.  Types ofemployment Full -timeand part-timeemployees Casual employees Fixed term and contract Apprentices and trainees Commission and piecerateemployees There are a numberofways you can employ staffand it’s important that you understand thecorrect wageand leaveentitlements foreach arrangement. Check yourobligations by contacting Wageline ortheFairWork Ombudsman. Full-time and part-time employees Full-timeemployees work on aregular basis foran average of 38 hours per week. An employee’s actual hours of work are agreed between theemployer and the employee,and/ or are set by an award orregistered agreement. Full-timeemployees areentitled to thefollowing leave:  annual, personal,sick, and carer’s;  bereavement orcompassionate;  parental; and  long service They are also entitled to publicholiday pay iftheholiday falls on aday they would usually work. Part-timeemployees usually work less than 38 hours perweek and generally have regularhours. They receive the samewages and conditions as full-time employees on a proportionateorpro-ratabasis, according to thehours they work. Casual employees Casual employees are engaged on an irregular basis according to business demands and have:  no expectation ofongoing work;  no obligation to accept offers ofwork;  a loading paid on top oftheirhourly rateof pay;  no sick or annual leave pay; and  no obligation to providenoticeofending theiremployment,unless this isarequirement ofan award, employment contract orregistered agreement. In somecircumstances, casual employees may be eligibleforlong serviceleave and parental leave after being employed for12 months Fixed term and contract employees You can employ someoneon afixed term or contract basis for an agreed length oftimeorto perform a specifictask; to work on a particularproject or to replace an employeeon leave, for example. Fixed term employees can work full or part-timeand are entitled to thesameleave entitlements as permanent staffbut on apro-rata basis,depending on the length ofemployment TIP:Negotiatethelength of employment beforethe employeestarts working and include this ina written agreement. Apprentices and trainees Apprentices and trainees may be suitableforyourbusiness.They are working towards anationally recognised qualification and must beformally registered, usually through acontract between aregistered training provider,theemployeeand you. You must pay apprentices and trainees according to theiraward or registered agreement.
  • 2. For moreinformation contact yourlocal Apprenticeship Network provider TIP:You arenot required to paypayroll tax onthewages ofregistered apprentices and trainees during their training contract. Information Who is an employee? Whilein most cases it will beperfectly clear who is an employee, sometimes it is not quiteso clear.Forexample,a business anxious to avoid employment legislation,tax and social insurancemay insist that all peopleworking forthefirm are self-employed rather than employees.In other words,theperson you are doing work for insists that you arenot his/heremployeebut instead you areaself-employed person asked to do a particular pieceof work.You however, consideryourselfto be an employee. In this case - who is right? Employed or self-employed? Deciding whetheryou are employed orself-employed has anumberof implications foryou.Themajority ofemployment protection legislationapplies to employees only and thetax and social insurancesystem will treat you very differently depending on whetheryou are employed orself-employed. There is no definition of‘employed’or‘self-employed’in employment law.Thedecision on youremployment status is reached by looking at what you do, how you do it and theterms and conditions underyou wereengaged. Theimportant point is that you (ortheperson you do work for) don't makethefinal decision.Instead, theRevenue Commissioners ortheDepartment ofSocial Protection orperhaps acourt ortribunal will makethat decision applying standard tests and based on thereal natureof yourworking relationship.Examples ofsuch tests are: whetheryou control the work, who supplies the materials and whether you get holiday pay. So it could bethat in law you are considered an employee,even though you haveagreed with anotherperson that you will work forhim orher as aself- employed person.The Codeof Practice for Determining Employment orSelf-employment Status ofIndividuals (pdf) contains criteriawhich can beused to clarify whethera person is employed orself-employed. Part-time employees Part-timeemployees are in a similarposition to full-timeemployees when it comes to employment protection legislation,although in someinstances a part-timeemployeewill need to work a set minimum numberofhours foraset period oftimebefore acquiring rights.You can read moreabout the protection ofpart-timeemployees in this explanatory booklet (pdf) from WorkplaceRelations CustomerServices Fixed-term employees Many morepeopleare now employed on afixed-term basis (or on specificpurposecontracts). Employees working on repeated fixed-term contracts are covered underthe UnfairDismisals legislation,through they need to haveat least oneyear's continuous servicebefore they can bring aclaim under the Unfair Dismissals Act.Underthe Protection ofEmployees (Fixed Term Work) Act 2003, employers cannot continually renew fixed term contracts. Employees can only work on oneor morefixed term contracts for acontinuous period offouryears. After this theemployeeis considered to have a contract ofindefiniteduration (e.g. apermanent contract). Underthe Act fixed-term workers cannot betreated less favourably than comparable permanent workers. You can read moreabout theProtection of Employees (Fixed Term Work) 2003 Act in this explanatory booklet (pdf) from WorkplaceRelations CustomerServices. Casual employees There is no definition of'casual employees' in employment law.In reality,casual workers are on standby to do work as required without fixed hours or attendance arrangements. However, theseworkers are employees,for employment rights purposes. Somelegislation will apply,forexample,theright to receive a pay slip.In otherinstances where aset period ofemployment is required it will beunlikely that a casual employeewill havesufficient service to qualify,for example,2 years' service is required in order to be entitled to statutory redundancy. Children and young people Thelaw does not allow children (that is,thoseaged under16)to be employees apart from in very restricted circumstances, for example,to take part in a film.
  • 3.  Children aged over14 may do light work outsideschool term.  Children aged over15, but under16, may also do light work and this may beduring school term. In any ofthe abovecircumstances there are restrictions on thenumberofhours that may be worked and when thework may be done,with a complete prohibition on work between 8pm and 8am. Different kinds ofemployment  What’s the difference between an employeeand independent contractor?  What’s the difference between part-timeand full-timework?  What does casual work mean?  What does being on a fixed term mean?  What does doing a seasonal job mean? What’s the difference between anemployee and independent contractor? An employeeis anyonewho has agreed to beemployed,under a“contract of service”, to work for someform of payment.This can includewages, salary, commission and piecerates (see also All Things Pay section). Volunteers (i.e. peoplewho have no expectation ofreward forwork performed), share- milkers (atypeof farmer), self-employed orindependent contractors,or real estateagents (if theircontract says they are an independent contractor) are not employees. It is important to beclear about whetheryou are an employeeoran independent contractor, as only employees receive minimum rights and entitlements, such as paid annual holidays,sick leave, etc, underemployment legislation. However,independent contractors and volunteers still receiveprotections underHealth & Safety legislation. For moreinformation about determining what is employeeoran independent contractor,pleasesee our Who is an employee page. What’s the difference between part-time and full-time work? This usually means how many hours you haveto work. Employment legislation does not definewhat afull timeorpart timeworkeris. However, full- timework is usually around 35-40 hours aweek, and part-timework might beany numberofhours aweek like10 or 25.You have exactly thesame employment rights ifyou areapart-timeor full-timeemployee. What does casual work mean? There is no definition in employment legislation definingwhat acasual is. Normally it means that you work as and when required, i.e. when theemployer calls you into work. This can sometimes happen becauseit is hard for theemployerto predict when that work needs to be done,or when thework needs to be donequickly. If you are employed to do casual work, this must bemadeclearin youremployment agreement. What does being on a fixed term mean? There are special rules forbeing employed on a fixed term agreement. You can only beemployed on afixed term ifthere is agenuinereason (likefilling in for apermanent employee,seasonal work likefruit picking,or until aproject is complete).Youremployermust also tell you how and when the employment will end,beforeyou start thejob.This must berecorded in youremployment agreement.
  • 4. What does doing a seasonal job mean? A seasonal job is usually atypeoffixed term agreement where theemployerneeds someextra workers for a certain job that comes up every ‘season’, for exampleto pick apples when they ripen. After thework is completed (forexample, when all the apples are picked)the employerdoes not need the workers and thefixed term ends. What is anemployment agreement? An employment agreement sets out theterms and conditions ofyourjob.Underthelaw, youremployermust provideyou with awritten employment agreement, no matterwhat kind of job you do.You can havean individual agreement,orifyou join aunion,a collectiveagreement. An employment agreement is agreed to by both theemployerand theemployee.An individual employmentagreement is just between you and your employerand may be similarto any collectiveagreement in yourworkplace. A collectiveagreement is negotiated by a union representing employees who are members of the union. Youremployment agreement is themost important document about yourjob.Makesureyou sign it and keep acopy ofit in a safe place. What does an employment agreement looklike? An employment agreement is alegal document that contains the‘terms and conditions’ofyouremployment. An individual employment agreement must include:  Employer & Employee – yourname and youremployer’s nameas you are both ‘parties’to theemployment agreement  Position– theposition which you areemployed in (e.g. shop assistant).  Duties – what typeof work you will berequired to do as part of yourjob (e.g. customerservice, point ofsale, keeping theshop and items tidy)  Placeof Work– where you will berequired to work.  Working Hours – what hours you will berequired to work.If you change yourworking hours,you and youremployershould updateyour employment agreement with thenew hours.  How and what youwill be paidfor your work. Your pay must beat least the minimum wageifyou are16 orolder. Yourwages must bepaid in money (i.e. in cash, cheque, or transfer offunds into yourbank account), not in goods orservices provided.  Public Holidays – youremployment agreement has to say that you will bepaid at least time-and-a-halffor any timeworked on a publicholiday. You still get all otherpublicholiday rights covered by thelaw,even ifthey are not written into youremployment agreement.  Resolving Employment Relationship Problems – youremployment agreement has to contain an explanation ofthesteps that should betaken to deal with workplace problems ifthey happen.It is important that both you and youremployerfollow thesesteps ifyou haveaproblem at work.  Employee protection provision – youremployment agreement must say what process theemployerwill follow in restructuring situations,such as jobs being reorganised or cut.
  • 5.  Somethings (likerest and meal breaks, orfour weeks annual holidays)do not need to be in youremployment agreement but youremployermust still providethem by law.Ifyou and youremployeragree to betterterms and conditions theseshould berecorded in youremployment agreement.  Youremployment agreement can also contain other terms and conditions that you and youremployerhaveagreed to. Click here to see what things areminimums inlaw and what are negotiable.  An Urban area is alocation characterized by high human population density and vast human-built features in comparison to theareas surrounding it.Urban areas may be cities,towns orconurbations,but theterm is not commonly extended to rural settlements such as villages and hamlets.  Unlikean urban area, a metropolitan area includes not only theurban area, but also satellite cities plus intervening rural land that is socio- economically connected to theurban core city,typically by employment ties through commuting,with theurban corecity being theprimary labor market.  ROLE OFEMPLOYMENT  Theexperience ofcountries that succeeded in reducing poverty  significantly indicates theimportanceofhigh rates ofeconomicgrowth  in achieving this.High growth,however, is not asufficient condition for  poverty reduction; thepattern and sources ofgrowth as well as the  mannerin which its benefits are distributed areequally important from  thepoint ofview of achieving thegoal ofpoverty reduction. In this  context,employment plays akey rolein all developing countries.Indeed,  countries which attained high rates of employment growth alongside  high rates of economicgrowth are also theones who succeeded in  reducing poverty significantly. Has employment fallen in India? KEY CHARACTERISTICS OF EMP.AND UN-EMP. TheNational Sample Survey (NSS) has just released somekey characteristics ofemployment and unemployment in Indiabased on thesurvey conducted between July 2009 and June2010.Discussion on thesetopics in Indiaoften loosely uses languageofemployment and labourmarkets from themore developed world, with misleading and confused conclusions. To illustratetheproblem,considerthefollowing: oneemployment measurecommonly used in Indiais theso called Usual Principal and Subsidiary Status (UPSS) —ameasure ofemployment based on timespent in theyearbefore the survey.This numberhas been used to concludethat employment growth has slowed. It also raises concerns about thequality ofeconomicdevelopment. This last conclusion is based on theassumption that all forms ofemploymentin theUPSSmeasureare equally desirable. This is not correct because this bunched numberhides many distinct structural components.Threeoftheseare worth detailed assessment.Theseare: “Subsidiary status employment”, employment oftheyoung,and employment ofwomen. Subsidiary employment: TheUPSS measure includes,in thedefinition ofemployment and workforce,both principal and subsidiary status activities.Theprincipal activity status (PS) on which aperson spent arelatively longertime(majortimecriterion)during the365 days preceding thedate ofsurvey is considered theusual principal activity status oftheperson.A person may have, in addition to his principal status activity,pursued someother economicactivity for30 days or moreduring this time.Any such activity is termed subsidiary economic activity status (SS).Thetwo measures are used to determinetheworkforce and the numberofpersons who are working and availablefor work (labourforce). We should expect that improvements in principal status employment or household well-being can and should lead to reductions in subsidiary employment,afeaturethat emerges in thedata almost consistently from 1983.
  • 6. Employment inthe young: Theoverall WPR and the labourforce participation ratio—thenumberofpersons in thelabourforce in thepopulation—areforall age groups.Absence from thelabour force in different ages is for different reasons and has different social implications.Thus,absenceofindividuals who areyoungerthan 24 is duelargely to their attending school.This featureis sharpest in males and in females below 15, but remains significant in females over15.As wesee in theaccompanying table, theseage groups seesharp declines in theirWPR. This declinethen can be attributed to an increase in school attendanceand a declinein child labour, an objectivepromoted consistently in government policies. Employment ofwomen: A third hidden dimension in thedatarelates to theemployment ofwomen.Sincethe1980s there has been anear-consistent decline in WPR for women. This has been commented upon earlierand there may be social and cultural reasons for this trend. However, disentangling thesedistinct trends leads to very interesting comparisons in theemployment growthdepicted in thetable. Thetable shows that ifwefocus only on malePS employment in ages 25 ormorethen,far from a slowdown in growth ofworkers since2004,we actually see asharp increase. EMPLOYMENT -2 Employment has always featured as an element ofdevelopment policy in India.The priority and attention it has received in development plans have,however, varied from timeto timeand so havethe approaches and strategies as well as policies and programmes foremployment generation.When Indiaembarked on a strategy of industrialisation-based development in 1950’s,employment was not perceived to be a majorissuein so faras a relatively fastergrowth of economy as envisaged in the consecutiveFive Year Plans was expected to generate enough employment, particularly in industry,to takecare of a small backlog ofunemployment at thetime and increase in labourforce that was expected to berelatively modest.Ensuring a regular and adequate supply ofsuitably skilled workforcewas conceived to bea matterof greater concern. Improving thequality ofemployment, in terms of reasonable and rising level ofwages and a minimum measureofsocial security against thecommon risks ofwork and lifewas, however, considered an important concern ofstate policy. Publicsector, providing conditions ofgood quality employment,was regarded as ‘model employer’and expanded its workforce continuously forabout four decades. Also, where theprivatesector failed to continueoperations ofenterprises and employment ofworkers, thegovernment took oversuch enterprises,with a view to, inter alia,protecting employment.Theprivatesectorwas expected to follow therules of employment as laid down in various legislations and agreements so as not only to protect employment but ensureits quality. Growth ofemployment emerged as an important concern in development planning around themiddleof1970s,when it was realised that economicand demographicperformance of theeconomy had fallen short of earlier expectations and as a result unemployment had been on an increase. Theproblem was sought to be tackled through atwo-pronged strategy: on theonehand, efforts were initiated to makedevelopment moreemployment oriented,by encouraging growth of employment intensivesectors and including employment among theobjectives of ~ 2 ~ macro-economicand sectoral policies,and, on theother, special employmentEmploymentPerformance of the Indian Economy: The LongTerm Experience Employment has grown at an average annual rate of two percent in Indiaduring the past fourdecades since 1972-73 when comprehensiveinformation on employment and unemployment started becoming availablefrom theNSSO quinquinnial surveys. In itselfthis could beregarded as asignificant record, as such an employment growth has not been recorded by many countries historically orin recent periods.In fact, most countries in general,and developed countries in particular,have had very low employment growth in recent years. According to ILO data, most ofthem saw an increase of less than oneper cent per annum in theiremployment during the1990s. It was 0.45 per cent in United States, 0.18 per cent in United Kingdom,0.32 percent
  • 7. in France, 0.41 per cent in Germany and -0.15 per cent in Japan. In the case of developing countries strictly comparabledataare not available,but broad assessment places theiraverage employment growth at around 1.5 per cent per annum during that period (ILO, KILM, 2007 and Ghose et al, 2008).During thepast decade, 2001- 2010,employment is estimated to havegrown globally at about 1.5 percent per annum: thedeveloped countries registering agrowth rate ofbarely oneper cent during 2001-08,which also seems to havebeen morethan negated by a largedecline during thenext two years. India’s significant record on employment growth has,however,not been adequate in view ofa faster growth oflabourforce. Further, there are a few disconcerting features of employment growth in recent years. First,employment growth has decelerated. Second, employment content ofgrowth has shown a decline. Third,sectors with higheremployment potential haveregistered relatively slowergrowth.Fourth, agriculture, despiteasharp declinein its importancein gross domesticproduct,continues to bethelargest employeras the non-agriculturalGrowthof Urban Employment (UPSS) Primary Sector Mining &Quarrying manufacturingUtilities ‐Construction Secondary Sector Trade, Hotelling Transport &Communicationetc.Financing,Insurance,Realestate &businessservices Community, social and personal services Tertiary Sector All Non‐Agricultural Total 4.55 3.50 2.91 3.40 2.30 4.44 1.78 4.08 3.19 3.27 3.10 Source: Own estimates based on various rounds ofNSS data on employment and unemployment. Faster Growthof Productive Employment As theemployment challenge that Indiafaces consists both ofcreating ofnew jobs and improving thequality ofexisting jobs,afaster economicgrowth is thekey to meet this challenge. A faster growth even with relatively low employment elasticity can generatereasonably high employment growth with significant increasein productivity.With aview to making employment growth faster,sectors and activities with relatively higheremployment elasticity could betargeted forparticularly high economicgrowth.But thecompulsion ofraising productivity with aview to improving employment quality in majorpart oftheeconomy makes it imperativethat economy grows at ahigh rate to generate therequired numberofnew employment opportunities.Thus thestrategy forcreating quality employment essentially consists ofa strategy for a rapid and diversified economicgrowth. A faster growth of agriculturederived from geographically and crop wise diversification is an essential element ofsuch a strategy in theIndian case. Agricultural growth is to beachieved not fora quantitativeincreasein employment but fora qualitativeimprovement in employment ofthoseworkingin thefarm sector, through increasein productivity and income.So far as thenumbers of workers in agricultureare concerned oneshould expect them to declineas more and more ofthem moveout to othersectors.Manufacturing offers itselfas the best candidatefor absorbing thosemoving out ofagricultureas also otherjob seekers iIt is, however, important that employment in theformal sectorincreases to ensure improvement in quality ofemployment on asustainablebasis.‘Restrictive labourlaws’have often been identified among thefactors that constrain increase in investment and employment.Forexample,several studies overtheyears have concluded that employment in organized manufacturing sectorin Indiawould have been significantly largeriftheprovision relating to priorgovernment permission for retrenchment, lay off and closure, undertheIndustrial Disputes Act (IDA) was not madeapplicableto all enterprises employing 100 ormoreworkers (e.g. Fallon and Lucas, 1991,Besley and Burgess, 2004). World Bank Doing Business Reports classified Indiaas acountry with stringent regulations,including labourregulations. (For a detailed account of thefindings ofstudies and reviews on thesubject,see World Bank, 2010). Though restrictivelabourlaws do not get listed among themost severe constraints by theemployers,it is widely agreed, including by thegovernment (See e.g. EconomicSurvey, 2005-06,Planning Commission 2008,Vol.III,pp.49-50) that someofthelegal provisions including theabovementioned onein IDA and restrictions in theuseofcontract labourunderthe Contract Labour Regulation and Abolition Act (CLRA), which specially hindertheoperations offirms that produce primarily to meet fluctuating export orders,constrain expansion ofproduction and employment.Political compulsions seem to havemadethegovernment refrain from taking any initiativeto changethelaw.However, somestates havetaken steps to modify laws and rules to makeemployment oflabourmoreflexible.Also,a generally relaxed attitudeto implementation has prevailed in recent years (See Papola, et al 2008).In fact, in a recent speech, thePrime Ministerstated that “….this view (that thelabourlaws are unduly protectiveoflabour)has lost its importancein recent years as more and morestategovernments havebecome considerably moreflexibleIn addition to theforegoing demand sidemeasures,an important initiative
  • 8. relating to thesupply sideofthelabourmarket that needs special attention is development ofadequate quantity and quality ofskills.Most workers – employed and looking forwork – havenot had any vocational training foracquiring skills. Institutional capacity needs to bevastly expanded fortraining ofyoung entrants to thelabourmarket and realisation ofthe‘demographicdividend’Indiapotentially possesses.It also needs to beoriented towards greater flexibility in timing and regularity to suit therequirements oftheemployed,specially thosein theinformal ~ 76 ~ sector, to enablethem to upgrade theirskills.Training requires to bemadedemand – induced for which it would benecessary to havean important roleforindustry in its planning and execution.A public – privatepartnership modeis necessary forthis purposeas well as for sharing thefinancial cost by theusers. It is hoped that the nationally launched Skill Development Mission,establishment oftheNational Skill Development Corporation and formation ofa Council underthechairmanship ofthe Prime Ministerto monitorprogress will placethesubject on thehigh enoughpriorityto giveeffect to adequateexpansion in theskill baseofthe Indian workforce and better matching ofskill supplies and demand,both in quantity and quality. GOVT. EFFORTS Thestory of India’s employment experiencein recent years would not becomplete without areference to theNational Rural Employment Guarantee Programmewhich has been in operations since2006 undertheNational Rural Employment Guarantee Act (NREGA), now rechristened as MahatmaGandhi National Rural Employment Guarantee Act (MGNREGA). Indiahas a long history ofspecial employment programmes,specially since1970’s when such wage employment programmes,along with subsidized selfemployment programmes werestarted as apart ofthestrategy to combat poverty.The uniquefeature oftheemployment programmes under MGNREGA is theprovision ofmanual work up to 100 days per rural household in a year, as a matterofa statutory right.It primarily aims at enhancing livelihood security ofrural households by supplementing theirincomethroughwage employment.Sideby side,it is also expected to create infrastructuresuch as rural connectivity and irrigation,enhancethe livelihood and natural resourcebase to mitigatepoverty and environmental degradation and strengthen grass roots processes of democracy and infusetransparency and accountability ofgovernance. Programmes under theAct have now been in operation forover fiveyears. Starting with 200 districts in 2006,they arenow implemented in all therural districts ofthe country.Majoroutcomes ofthe programmes during thefirst fiveyears are summarized in Table32. Theprogrammecould be regarded as having significant achievements in terms ofcoverage ofhouseholds,inclusion ofwomen and socially disadvantaged groups as well therelevance ofthe types ofassets created. Average numberofdays oremployment provided to participating households has been increasing from year to year till 2010-11 when it reached 54. It is however, significantly lowerthan maximu provision of100 days.And in 2010-11,it declined to 47.Averages wages per day of work stood at Rs 117 in 201-011 rising steadily from Rs 65 in thefirst year (2006-07).Average earnings ofparticipating households from thework in the programmenow are thus around Rs 5500 which is asignificant addition to the incomes ofpoorhouseholds in rural areas. According to astudy based on householdsurvey,earnings from NREGA work made15 per cent of household incomein AndhraPradesh and 12 per cent in Rajasthan, though only 5.2 percent in Bihar (IHD, 2011). Thesedifferences to a large extent reflect theaverage numberofdays ofemployment provided to participating households in different statesNumerous studies evaluating theprogrammes underNREGA havebeen undertaken in different parts of thecountry.It is not in thescopeofthis paperto givean account of theircoverage and findings here. It may, however, benoted that most ofthem haverelated to theimplementation processes.Weaknesses identified in implementation include: non-provision ofwork on demand,lack oftransparency in calculating wages based on scheduleof work,non-payment ofminimum wages,nonpayment ofwages within stipulated 15 days ofwork,useofcontractors inspiteof prohibition,non-payment ofemployment allowance,non-provision ofworksite facilities etc. Cases of“fudging”of musterrolls to ‘sell’entitlements arealso reported. (For a discussion on different issues involved in implementation seeKhera, 2011).
  • 9. Employee An employeecontributes laborand expertise to an endeavor ofan employerand is usually hired to perform specificduties which are packaged into a job. An Employeeis aperson who is hired to provideservices to a company on aregular basis in exchange forcompensation and who does not providethese services as part of an independent business. Employer-worker relationship[edit] Employerand managerial control within an organization rests at many levels and has important implications forstaffand productivity alike,with control forming thefundamental link between desired outcomes and actual processes. Employers must balanceinterests such as decreasing wage constraints with a maximization oflaborproductivity in orderto achieveaprofitableand productiveemployment relationship. Finding employees or employment[edit] Themain ways for employers to find workers and forpeopleto find employers are via jobs listings in newspapers (via classified advertising)and online, also called job boards. Employers and job seekers also often find each other viaprofessional recruitment consultants which receivea commission from the employerto find,screen and select suitablecandidates.However, a study has shown that such consultants may not bereliablewhen they fail to use established principles in selecting employees.[1] A moretraditional approach is with a"Help Wanted" sign in theestablishment (usually hung on awindow ordoor[2] or placed on astore counter).[3] Evaluating different employees can be quitelaborious but setting up different techniques to analyzetheirskill to measure theirtalents within thefield can bebest through assessments.[4] Employerand potential employeecommonly taketheadditional step ofgetting to know each otherthrough theprocess of job interview. Training and development[edit] Training and development refers to theemployer's effort to equip a newly hired employeewith necessary skills to perform at thejob,and to help the employeegrow within theorganization.An appropriatelevel oftraining and development helps to improveemployee's job satisfaction. Employee benefits[edit] Employeebenefits are various non-wagecompensation provided to employeein addition to theirwages orsalaries.Thebenefits can include: housing (employer-provided oremployer-paid), group insurance(health, dental,lifeetc.), disability incomeprotection,retirement benefits,daycare, tuition reimbursement,sick leave, vacation (paid and non-paid),social security, profit sharing,funding ofeducation and otherspecialized benefits.Employee benefits improves therelationship between employeeand employerand lowers staff turnover. Organizational justice[edit] Organizational justice is an employee's perception and judgement ofemployer's treatment in thecontext offairness orjustice.The resulting actions to influencethe employee-employerrelationship is also apart oforganizational justice. Workforce organizing[edit] Employees can organize into tradeor laborunions,which represent thework force to collectively bargain with themanagement oforganizations about working,and contractual conditions and services. Ending employment[edit] Usually,either anemployee or employer may end the relationship at any time. This is referred to as at-will employment. Models of the employment relationship[edit] Scholars conceptualizetheemployment relationship in various ways.[32] A key assumption is theextent to which theemploymentrelationshipnecessarily includes conflicts ofinterests between employers and employees,and theform ofsuch conflicts.[33] Mainstream economics: employment is seen as a mutually advantageous transaction in afree market between self-interested legal and economicequals 1. Human resource management (unitarism): employment is along-term partnership ofemployees and employers with common interests 2. Pluralist industrial relations: employment is abargained exchangebetween stakeholders with somecommon and somecompeting economic interests and unequal bargaining powerdue to imperfect labormarkets 3. Critical industrial relations: employment is an unequal powerrelation between competing groups that is embedded in and inseparablefrom systemicinequalities throughout thesocio-politico-economicsystem. 4. socio-politico-economicsystem.
  • 10. Thesemodels are important becausethey help reveal why individuals hold differing perspectives on human resourcemanagement policies,laborunions, and employment regulation.[35] Wemust get used to theideathat thejob is not static—not agiven.Thetechnology ofelectronics,computers,and so forth accelerates thedisplacement ofworkers. That is to say,entrepreneurs are enjoying aperiod ofextraordinary success in devising less costly ways of production.They are not "creating jobs," nor can they be expected to do so; theirfunction is to createwealth. The workerm ust fend for himself.This makes it all themoreessential that we not demobilizethejob-seeker,but that we encourage thejob-finding,job-creating efforts ofevery worker.  GOVERNMENT AIDS-CONCLUSIONS  Government "aid" ofall kinds,whether it becompensation to the"unemployed," reliefto the"needy," price supports to farmers, minimum wages to workers, subsidies to shipbuilders,easy credit to "small" business,urban renewal grants,defensecontracts to "depressed areas," or"aid to education," should bediscontinued,ifnot immediately,then gradually.Government should withdraw from the"aid" business,at thesametime serving noticeon thepeoplethat they must depend upon theirown initiative.Not only thefederal but thestateand local governments should demobilizetheir"aid" forces.  Such action,we predict, would befollowed by such asurge ofproductiveactivity as this country has neverseen. As the easy, lackadaisical, subsidized lifecameto an end, men would bestirthemselves,throw offtheiraid-induced lethargy,shed the cynical "every-body’s-getting-his-why- shouldn’t-I-get-mine" attitude,and go to work with vigorand daring.  The"unemployed," having no government crutch to lean upon,would break down the"union wage" tradition and find jobs at market wages. As they went to work, production would increase,new projects not now feasiblebecause ofcost would spring into being and enterprisewould expand.The demand for capital would increase. Simultaneously,knowing that they now must depend on theirown resources,peoplewould savemore,providing thenew investment funds.Opportunities forentrepreneurs would multiply.So would opportunities forworkers. 