This document discusses several key aspects of industrial relations:
1. Industrial relations involves determining employment relationships and regulating the institutions and rules that govern the workplace. It also involves socio-industrial conflict and its resolution through bargaining between employees and employers.
2. Collective bargaining aims to reach voluntary agreements between employers and workers' organizations (usually trade unions) regarding working conditions such as wages, hours, benefits, and rights.
3. Several laws and acts in India govern various aspects of industrial relations such as working hours and conditions, wages, bonuses, welfare, disputes, unions, and more. Major stakeholders involved include employees, employers, and the government.
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
introduction to trade unions
trade unions characteristics
objectives of trade unions
how trade unions are financed
how trade unions recruits its members
why employees join trade unions
functions of trade unions
trade union structure
Weakness/challenges/problems facing trade unions
Measures to strengthen trade unions
Advantages of trade unions to workers, employeer and society
criticism of trade unions by employer
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Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
introduction to trade unions
trade unions characteristics
objectives of trade unions
how trade unions are financed
how trade unions recruits its members
why employees join trade unions
functions of trade unions
trade union structure
Weakness/challenges/problems facing trade unions
Measures to strengthen trade unions
Advantages of trade unions to workers, employeer and society
criticism of trade unions by employer
FellowBuddy.com is an innovative platform that brings students together to share notes, exam papers, study guides, project reports and presentation for upcoming exams.
We connect Students who have an understanding of course material with Students who need help.
Benefits:-
# Students can catch up on notes they missed because of an absence.
# Underachievers can find peer developed notes that break down lecture and study material in a way that they can understand
# Students can earn better grades, save time and study effectively
Our Vision & Mission – Simplifying Students Life
Our Belief – “The great breakthrough in your life comes when you realize it, that you can learn anything you need to learn; to accomplish any goal that you have set for yourself. This means there are no limits on what you can be, have or do.”
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In this presentation, we will deal with the skills that a Human Management Professional should have to drive individuals of an organization as a team to achieve a common organizational goal. Here, HR professionals are expected to play two broad roles; one, to drive the Managerial Functions and second, to accelerate the Operative Functions.
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Human Resource Management : Constitutional and Legal FrameworkJohn Edward Estayo
Human Resource Management,
Constitutional and Legal Framework.
Mostly tackles about the Labor Law which comprises the law on termination, health safety and insurances, right to strike and right to lockout ,
Sexual Harassment and Etc.
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Understanding Statutory Compliance Requirements in Payroll what are the impor...TalentPro India HR Pvt Ltd
Understanding Statutory Compliance Requirements in Payroll, what are the important payroll statutory compliances?
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Business Valuation Principles for EntrepreneursBen Wann
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Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
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Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
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Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
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Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
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Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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2. Industrial society is a complex and dynamic society
(consist of group, societies and institution) they are
interrelated, however have different attitudes and
perceptions. They are also being influenced by
external environment.
We cannot ignore the working aspect of human being,
as working hour dominate most of our time.
The three main actors being in IR being:
The Employers
The employees
The Government
2
3. Industrial relations encompasses a set of phenomena,
both inside and outside the workplace, concern with
determining and regulating employment relationship.
The making and administering of the institutions and
rules of work regulation
Socio-industrial conflict (in all its forms) and its
resolution
Explicit and implicit bargaining between employees
and employers
3
4. A process of voluntary negotiation between
employers and workers' organizations (generally
trade unions) aimed at reaching agreements which
regulate working conditions.
Collective agreements usually set out wage scales,
working hours, training, health and safety,
overtime, grievance mechanisms and rights to
participate in workplace or company affairs.
4
5. Refers to the emotional and mental involvement of an
employee to contribute for the goals and share
responsibilities of an organization.
Objective:
a)industrial harmony
b)sense of commitment
c)sense of belongingness
d)good communication skills
e)handles the resistance
5
6. The trade union movement emerged in India,
basically as a reaction to the state interventionist
or state pluralism model. The economic reforms’
package (emphasis on privatization, liberalization
and austerity measures)
Trade Union in India is the primary instrument
for promoting the union of trade union movement
and championing the cause of working class in
India.
All India Trade Union Congress (AITUC)
All India State Government Employees
Federation- AISGF
Center of Indian Trade Unions - CITU
Hind Mazdoor Sabha - HMS
Trade Union International - TUI
6
7. Discharge-permanent separation of an employee from
the pay roll for violation of company rules or for
inadequate performance.
Dismissal-termination by way of punishment
Suspension- serious punishment, generally awarded
after a thorough enquiry.
Resignation- on grounds of health, illness et al.
Retirement- Age of superannuation
Lay-off
Retrenchment.
7
8. Misconduct- improper behavior backed by a wrongful
intention.
List of misconduct:
1. Absence from duty
2. Doing personal work during office hours
3. Assault on a superior officer
4. Acts of dishonesty / fraud
5. Willful disobedience of lawful order of transfer
6. Drinking at the place of work
7. Playing cards at the place of work
8
9. satisfactory Not satisfactory
Enquiry
Report from enquiry officer
Reply
Show cause proposing punishment
Reply
Satisfactory Not satisfactory
Condone / give warning Impose punishment
Show cause notice/Charge sheet
Suspension pending enquiry
In case of
Major misconduct
9
10. Whenever an employee is sought to be punished, it is
usual for the employer to conduct a departmental/
D.E. for the purpose of finding out whether the
proposed action of punishment is warranted.
The procedure for holding an enquiry may be laid
down under the S.O /service Rules of the established
or by means of an award or settlement.
If no such procedure specified- principal of natural
justice.
Procedure:
1. Appointment of enquiry officer.
2. Notice of enquiry.
3. Initiation of proceedings by the enquiry officer.
4. Procedure of leading evidence by the employer and
material evidence.
5. Examination of witness.
10
11. A bible governing all the major labour laws!
This Act was basically designed to protect children
and to provide few measures for health and safety of
the workers.
Registration & Renewal of Factories
Employer to ensure health of workers pertaining to
Safety Measures
Welfare Measures
Working Hours, Spread Over & Overtime of Adults
Annual Leave with Wages
11
12. To secure industrial peace and harmony by providing
machinery and procedure for the investigation and
settlement of industrial disputes by negotiations
instead of by trail of strength through strikes andlock-
outs.
The legislation is calculated to ensure social justice to
both employers and employees and thereby promote
industrial progress.
Strikes & Lock outs(14 days)
Lay off’s(7 days) & Retrenchment(three months)
Closure(60 days)
12
13. Defines the terms and conditions of service between
the employer and his employees.
Includes:
Medical examination and aid in case of accident
Identification of workmen and issue of Identity
cards
Working time for different categories of workmen
Record of age, qualification and experience
Entry, exit and liability for security checking
Shift working and weekly off Attendance and late coming
Methods of applying for different kinds of leave
and extension of leave
Action for unauthorised absence, et al
13
14. No woman works during the six weeks immediately
following the day of her delivery or her miscarriage
No woman does any arduous work during the period
of ten weeks from the expected date of delivery
12 weeks leave of which not more than 6 weeks shall
precede the date of her expected delivery.
The benefit to be paid @ average rate of wages for the
three months preceding her maternity leave
In case of miscarriage, 6 weeks leave with pay at the
same rate as applicable to maternity benefit.
14
15. An act to prevent “Sweated labour and exploitation of
labour”
Requires the Central and State Govt. to fix minimum
rates of wages in certain scheduled employment.
Minimum wages fixed REVISED from time to time.
Duties of the employer:
To maintain Register of Wages in showing rate of
wages payable, actual amount paid, attendance &
overtime, deductions for EPF, ESI and other, net
amount paid, date of payment and signature of
respective employee.
15
16. An Act to regulate the payment of wages to certain
classes of persons
Responsibility of payment wages rests with the
employer
Employer to fix Wage Period
No wage period shall exceed one month.
Deduction of wages- PF,ESI, Insurance, fines et al.
16
17. An Act to provide for the payment of Bonus to persons
in certain establishments on the basis of profits,
production or productivity.
Employee whose salary/ wages does not exceed Rs
10000 per month
Minimum :8.33% of salary/wages
Maximum 20% of salary/wages
17
18. Gratuity is in the nature of a retirement benefit
payable to an employee for a long and meritorious
service.
Gratuity is payable to an employee on termination of
his employment after he has rendered continuous
service for not less than five years
On his superannuation
On his resignation
On his death or disablement due to
Employment injury or disease
18
19. Act to regulate employment of contract labour,
prevent exploitation of contract labour and for
abolition of contract labour in certain areas
That all statutory obligations as provided in Minimum
Wages Act, Payment of Wages Act, Provident Fund &
Misc Provisions Act, ESI Act,
Payment of Bonus Act etc are fulfilled by the
Contractor in respect of his employees engaged.
If not, the Principal employer to comply with it and
recover any amount paid to contract employees or
PF/ ESI or other authorities on behalf of the
Contractor from the contractor later on.
19
20. Applies to those apprentices who are undergoing
apprenticeship training in designated trades.
From time to time, the Central Govt. has specified the
designated trades.
Placement of Training Officer with suitable
qualification
Payment of stipend at a rate not less than the
prescribed minimum rate
Not to pay on the basis of piece work
Not to require to take part in any output bonus or
other incentive scheme.
Health, safety and welfare.
Provision under Workmen’s Compensation Act.
20
21. The Act provides for payment of compensation to the
worker injured during the course of employment or
contracted by any occupational disease peculiar to
that employment.
For accidents resulting in death, an amount equal to
fifty per cent of the monthly wages of the deceased
workman multiplied by the relevant factor.
For permanent total disablement, an amount equal to
sixty per cent of the monthly wages of the injured
workman multiplied by the relevant factor.
Permanent Partial Disablement - According to
incapacity caused
Temporary Disablement - Rs. 2000 per month upto a
period of 5 years
21
22. Provides for health care and cash benefits in cases of
sickness, maternity and employment injury
Employees’ contribution -1.75% of wages
Employers’ contribution - 4.75 % of wages
Medical Benefits
Sickness Benefits
Maternity Benefits
Disablement Benefit
Dependant benefit
Funeral Expenses
Old age
Rehabilitation
22
23. An Act to provide for the institution of provident
funds, pension funds and deposit linked insurance
fund for the employees in the factories and other
establishments.
Employees share : 12% of the Basic + DA
Employer’s contribution : 12%
8.33% to be deposited in Pension Fund
The balance, i.e, 3.67% to be deposited in Provident
Fund.
23
24. An act to provide for the registration of Trade Unions
and in certain respects to define the law relating to
registered Trade Unions.
The minimum number of workers to form a registered
Trade Union is 10% or 100 whichever is less, subject
to a minimum of 7 workers.
24
25. An Act to regulate certain conditions of service of
sales promotion employees in certain establishments,
in the first instance, engaged in pharmaceutical
industry.
Provides for application of certain acts , such as
Workmen's Compensation Act, 1923, Industrial
Disputes Act, 1947, Minimum Wages Act, 1948,
Maternity Benefit Act, 1961, Payment of Bonus Act,
1965 and Payment of Gratuity Act, 1972 to sales
promotion employees.
25
26. To provide for the compulsory notification of
vacancies to employment exchanges.
Before filling up any vacancy as prescribed. To notify
the vacancies to such employment exchanges as may
be prescribed.
Time limit for notification of vacancies & selection
Atleast 15 days before the applicants will be
interviewed or tested.
Employer to furnish the result of selection within 15
days.
26
27. "An empowered organization is one in which
individuals have the knowledge, skill, desire,
and opportunity to personally succeed in a
way that leads to collective organizational
success." - Stephen Covey
27
28. A grievance is a sign of an employee's
discontentment with his job or his relationship
with his colleagues.
Grievances generally arise out of the day-to-day
working relations in an organization.
An employee or a trade union protests against
an act or policy of the management that they
consider as violating employee's rights.
One of the effective methods is to have an “open
door policy”.
Could also be settled through: Conciliation,
Arbitration,Adjudication.
28
29. Involves taking measures to encourage employees to
remain in the organization for the maximum period of
time.
If a person is not satisfied by the job he’s doing, he
may switch over to some other more suitable job.
In today’s environment it becomes very important for
organizations to retain their employees.
Employee empowerment entails identifying how much
responsibility and authority an individual can
effectively handle without becoming over-burdened or
distressed.
Importance- Turnover costs, turn over leads to more
turnover, regaining efficiency, loss of company
knowledge, interruption in the customer service.
29
30. An organization’s productivity is measured not in
terms of employee satisfaction but by employee
engagement.
Employees are said to be engaged when they show a
positive attitude toward the organization and express
a commitment to remain with the organization.
How it could be implemented?
Provide variety
Conduct periodic meetings with employees to
communicate good news, challenges and easy-to-
understand company financial information.
Provide an open environment.
Get to know employees' interests, goals, stressors,
etc.
Celebrate individual, team and organizational
successes
30
31. Employee Counseling is a difficult but challenging
function of the Human Resource Officer.
This is to guide employees on their job. Counseling
when used correctly will:
1. Prevent disciplinary actions or even terminations;
2. Reduce turnover and its associated costs;
3. Show employees that you are committed to their job
success;
4. Help you against full legal obligations to employees.
31
32. Considers people as an ‘asset’ to the
organization rather than as ‘costs'.
It believes that people perform better when they
are allowed to participate in managing their
work and make decisions.
This approach motivates people by satisfying
not only their economic needs but also their
social and psychological ones.
To satisfy the new generation workforce,
organizations need to concentrate on job
designs and organization of work.
Striking a balance between the personal and
professional life of the employees.
32
33. “CSR is defined as the integration of business
operations and values, whereby the interests of
all stakeholders including investors,
customers, employees, the community and the
environment are reflected in the companies
policies and actions”
Ex:- Infosys Technologies: initiatives to work in
the areas of Research and Education,
Community Service, Rural Reach Programme,
Employment, Welfare activities undertaken by
the Infosys Foundation, Healthcare for the
poor, Education and Arts & Culture.
33