Industrial Relations: Nature of Conflict and Conflict Resolution
2022 SOCIOLOGY-COMPLETE SOLUTIONS
changing role of the state
The concept of industrial relations has received wide attention in the modern industrial age. In fact, it has become a part of the factory system. In very simple words, we can say that industrial relations are related to the employee-employer relationship in the industry.
The term industry refers to any productive work and includes activities such as agriculture, fisheries, transport, banking, manufacturing, commerce and trade. Economically, industry is the area where the four factors of production viz. land; Labour, capital and enterprise are employed for the purpose of production.
The relationship and interaction of workers with their management is the result of their attitude and approach with respect to various issues concerning them and their organisation. Attitude is a mental state and is not always obvious. It may include various components such as belief, feeling, emotion or action. Attitude should be inferred from the overt behavior of a person. Attitude, on the other hand, is the internal expression of an attitude.
State intervention on labor industrial relations began when the British Government in India
Forced to protect its business interests, earlier attempts to regulate labor included laws such as the Assam Labor Act, the Workers’ Violation of Contract Act, 1859. , and the Employers and Workmen (Disputes) Act of 1860. The purpose of these Acts was to protect the social system against labor and not to protect labor against the social system.
deterioration in working conditions, due to over-development of industrial units; unnecessarily low wages and consequent discontent of the working class; growing indiscipline of the workers; strained relations between labor and management; Formation of ILO; Rise of AITUC (1920) and demands higher than wages; Better working and living conditions gave rise to serious industrial problems and created labor problems of large dimensions. The situation went out of control in Bombay and Bengal. So committees were appointed to look into the matter.
State and Industrial Relations Policy:
“The beginning of industrial relations dynamism can be traced,” as one author puts it, “to the launch of the Indian Labor Conference by Dr. B. R. Ambedkar in 1942, when the policy of bringing together the three parties, that is,
was accepted on a common platform as a consultative tripartite forum for all matters of government, management and labour, labor policy and industrial relations.
When the second Will broke down, the Government of India passed the Defense of India Rules and included Section 8/A in them, which prohibited strikes and lockouts in any trade, to ensure that we could continue to be supplied . Provided for compulsory adjudication of war and industrial disputes.
2) In post-independence India:
In independent India, this heritage was given statutory recognition when legal provisions for regulating industrial relations were embodied in the Industrial Disputes Act, a response to this Act in 1947.
- i) establishment of a permanent mechanism for settlement of disputes in the form of certain authorities such as works committees, conciliation officers, industrial tribunals, labor courts; And
- ii) To render the award of the tribunal on any settlement arrived at by the conciliator binding on the parties and legally enforceable.
The Act seeks to prevent and settle industrial disputes in all industries besides setting up machinery for settlement of industrial disputes, conciliation, arbitration and adjudication, it prohibits strikes and lockouts during the pendency of conciliation and adjudication proceedings. demands to be installed. An amendment to the Act in 1976 restricts the power of employers to “retrench” or retrench work
To put “off”.
Apart from this enactment, two major attempts were made to amend the Trade Unions Act, 1926, once in 1947 and again in 1950. In 1947, a law was enacted that defined unfair employer practices and unfair union practices. If provided for compulsory recognition of representative unions by employers and arbitration of disputes on certification of the union as a representative union. “These amendments were a break with colonial British tradition, and were influenced by the American National Labor Relations Act of 1935 known as the Wagner Act. Unfortunately, these and the amendments to the Trade Unions Act were never implemented. The newly formed Intact changes The source of the employees was not enthusiastic. The source of the unions did not like the exclusion of civil services and other categories of government employees and supervisory personnel from the purview of the Act”.
In 1950 two bills were brought by the government – a Labor Relations Bill and a Trade Union Bill. He re-trained the provisions of the 1947 amendments. He also introduced the principle that “collective bargaining shall be compulsory for both employers and unions under prescribed conditions.” Labor courts were empowered to certify the union as the “sole bargaining agent”. All remedial agreements were to provide for a “peaceful settlement of all questions arising out of such agreements by arbitration without otherwise stopping the work”. However the draft bill lapsed with the dissolution of the Parliament.
As a reaction to the legislative approach (as advocated by Jagjivan Ram, the then Labor Minister, 1947–52), V.V. Giri (1952–57) advocated his “Giri approach” of voluntary tripartite negotiations and collective bargaining. The movement towards a non-statutory industrial relations system was a new trend. Giri declared that “industrial decisions were enemy No. 1 of labor.” Giri’s sports-world tempura ushered in a new spirit in industrial relations.
Industrial Relations Policy during the Plan Period:
The industrial relations policy during the plan period is in fact a continuation of some of the earlier efforts towards maintaining industrial peace.
First Plan Period:
The First Five Year Plan emphasized the need for industrial peace in industry, the ultimate unity of interests and the virtue of harmonious relations between capital and labour. The scheme encouraged genuine settlement, collective bargaining and voluntary arbitration. It observed: “Upon failure of efforts to reach an agreement by other means, refer disputes for settlement by arbitration at
It is up to the State to arm itself with legal powers to do so.”
The plan also emphasized other principles:
(i) the right of ‘workers’ to union, organization and collective bargaining should be accepted without reservation as a fundamental basis of mutual relations; And.
(ii) The employer employee relationship should be acknowledged as a “partnership in constructive effort to promote the satisfaction of the economic needs of the community in the best possible way”.
The plan pointed out that the cause of industrial peace had not progressed in the way of a legal system.
Worked in many industrial disputes. There were inordinate delays, a backlog in most of the decisions and a decline in the quality of work of labor courts and the speed of disposal. Therefore, the scheme said that the best way to settle disputes is to allow the employer and the employees to settle the same without any third party intervention. It expressed the view that close co-operation even through the Consultative Committee at all levels was the first step towards prevention of disputes, impartial inquiry and voluntary arbitration were considered the main vehicles for resolving differences.
The plan emphasized that the machinery for settling disputes should be managed according to these principles:
(a) legal technicalities and formalities of procedure should be used to the minimum possible extent;
(b) every dispute should be settled finally and directly at a level appropriate to the nature and importance of the matter;
(c) tribunals and courts should be manned by specially trained expert personnel;
(d) appeals to these courts should be reduced; And
(e) Provisions should be made for the prompt compliance of the conditions of any award.
For uniformity, the plan recommended the establishment of “norms” and standards to govern relations and behavior between employers and employees and for the settlement of industrial disputes through tripartite bodies, the Indian Labor Conference, the Standing Labor Committee, and fir special industries of industrial committee.
In case of some difference of opinion, it was pointed out that the government should take a decision on the advice of experts and such decisions should be made binding on the tribunals. plan acknowledged that workers enjoyed
fundamental right to resort to strike; But its practice was to be discouraged. It was emphatic that “strike on lock-out without due notice during the pendency of any proceedings and in contravention of the terms of the award on a settlement, agreement, order must be strictly prohibited and attract suitable penalties and loss of privileges.” must attend.” , Apart from appreciating the application of these principles to the public enterprises, the First Plan laid down that the Board of Directors of these undertakings should have persons who understand labor problems, the labor outlook and who sympathize with the aspirations of the labor . The plan also included the following points:
(i) The need for a systematic “complaint procedure” to assist the elected shop-managers was emphasised.
(ii) The importance of works committee was emphasized and these were described as “the key to the system of industrial relations”.
(iii) The plan stresses that, “For the success of collective bargaining, it is necessary that there should be a bargaining agent over as large an area of industry as possible. The number of industrial establishments in the same industry in a local area Individual unions are counterproductive to the development of strong and healthy trade unions and their existence can be justified only in very exceptional circumstances.
(iv) The plan recognized the virulent and constructive role of trade unions and recommended “closer co-operation between trade unions and employers’ representatives at various levels—at the enterprise level, at the industry level and at the regional and national levels” .
In 1967 G.L. Nanda advocated “code philosophy” in industrial relations as a non-statutory ethical regulation for better relations between labor and management. As part of the Gandhian approach to labor problems, the trusteeship concept and non-violence became key principles of conduct, with the Code of Discipline and the Draft Code of Efficiency and Welfare being three important contributions to industrial relations policy of the period. The “Code from Court” was the new movement during the period, when several progressive policy were also developed by the Indian Labor Conference regarding the recognition of unions, the former being the model complaint of the latter.
The plan also recommended increased co-operation of labor and management, which could be achieved by management councils consisting of representatives of management, technicians and workers. IT stressed the need to avoid indiscipline in the industry: and in pursuance of this, a code of discipline in the industry was agreed upon in 1958.
The second plan suggested that keeping in view the necessity of having a union in the form of industry, statutory provision should be made for recognition of unions.
It suggested that there should be restrictions on the number of outsiders who can serve as office bearers of unions, that workers who become office bearers should have additional security harassment, and that the finances of trade unions should be strengthened.
Third Five Year Plan:
third fifth
The financial plan emphasized ethics rather than legal sanctions for the settlement of disputes. “emphasis on
To prevent disturbance by taking timely action at the appropriate level and by paying adequate attention to the root causes. It involves a fundamental change in the outlook and outlook of the parties and a new set of red adjustments in their mutual relations.
The scheme rested its faith on the greater popularity of voluntary arbitration process, voluntary arbitration, joint management councils, model grievance procedure, voluntary arbitration, joint management councils, workers’ education and apprentice training, a movement during this period, Voluntarism moving away from legalism, the emphasis is on prevention of labor unrest by taking timely action at appropriate stages and settling disputes by voluntary system rather than legal proceedings.
2022 SOCIOLOGY-COMPLETE SOLUTIONS
Second Five Year Plan:
The second five year plan continued the policy made in the previous plan. It was observed that inadequate implementation and enforcement of awards and agreements has been a source of friction between labor and management. It reiterated that the emphasis should be on “avoidance of disputes at all levels, including the final stage of dialogue, namely, conciliation”. It stressed the importance of preventive measures for achieving industrial peace. It also suggested deterrent penalties for non-compliance in implementation and enforcement of awards and agreements. In case of a breach, the responsibility for enforcing compliance should rest with an appropriate tribunal, to which the parties should have a direct view believing in the effectiveness of the joint-consultative mechanism. The plan suggested proper demarcation of work committees and trade union functions to remove ambiguity
hadataal ka
Which gradually takes the place of adjudication. It said: “Ways will be found to enhance the application of the principle of voluntary arbitration. The proceedings in this case must be intended to have the same protection as now applies to compulsory adjudication. Employers should show a much greater reading of disputes submitted to arbitration than they have done so far. This should be the general practice… as an important application accepted by the parties under the Code of Discipline.”
The plan suggested that the participation of “workers” in management should be accepted as a fundamental principle and an urgent need. In view of its importance, the progressive expansion of the scheme of Joint Management Councils to new industries and units was taken up as a major program during the plan period, so that over the course of a few years, it became a common feature. The Industrial System Over time, management must emerge from the working class itself.
It has also laid emphasis on an intensive program of education of workers in all establishments where such councils have been set up. It was hoped that “trade union leadership would progressively develop from the ranks of the workers and this process would be greatly accelerated as the program of workers’ education gained momentum.”
Industrial Trade Resolution, 1962:
At the time of Chinese invasion, it was felt necessary that the production should not be jeopardized in any way. Therefore, the second Industrial Trace resolution was passed in a joint meeting of employers’ and workers’ representatives on 2 November 1962 at New Delhi. Sankalp said:
No stone will be left unturned to achieve maximum production and management and workers will try to cooperate in every possible way to boost the country’s defense efforts.
The resolution emphasized:
- a) the paramount need to maximize production and reduce stress on the duty of employers and workers;
- b) that no interruption of the work should be permitted;
- c) that all disputes should be settled by voluntary arbitration, in particular those relating to dismissal, discharge and retrenchment of employees;
- d) that unions should discourage absenteeism and absenteeism of employees;
- e) that joint emergency production committees should be established.
Fourth Five Year Plan:
The Fourth Plan did not indicate any new direction or change in the industrial relations policy of the government. It gave a very brief reference to industrial relations. Said it.
- i) In the area of industrial relations, priority will be given to the development of a healthy trade union movement so that it can secure better labor management relations.
- ii) There should be greater emphasis on collection bargaining and productivity should be increased through labor-management co-operation and
iii) Industrial disputes should be settled by voluntary arbitration.
The plan hoped that “trade unions would not act as agencies seeking fair wages and fair conditions of work and living for their members, but would play an important role in the development of the nation.
It recommended that labor courts should be given summary powers, that separate works committees should be set up at the plant level and effective functioning of the Joint Management Council should be ensured so that harmonious industrial relations promote the growth and development of the country. Can give
Fifth Five Year Plan:
The Fifth Plan emphasized the need for greater participation of labor by ensuring vertical mobility of labor in industrial organization.
It observed: “The emphasis will be on strengthening industrial relations and conciliation mechanisms, better enforcement of labor laws, research in labor relations and labor laws, training of labor officers, improvement in labor statistics and studies in the area of wages Productivity will be given special attention to improve productivity in all sectors of the economy.
Sixth Five Year Plan:
The Sixth Plan declared, “Industrial harmony is indispensable for a country if it is to make economic progress… Healthy industrial relations, on which industrial harmony is founded, cannot be considered a matter of interest only to employers and workers, rather important concern. The community as a whole. In the final analysis, the problem of industrial relations is essentially one of the attitudes and viewpoints of the parties concerned. The spirit of co-operation presupposes that employers and workers recognize that While they are fully justified in protecting their respective rights and interests, they must also keep in mind the larger interests of the community. This is the real significance of the principle of industrial harmony in its three dimensional aspect… while the parties concerned Efforts should continue to reduce areas of disagreement between and allowable improvements in disputes involving legislation and machinery, similar to changes in e
Existing laws and industrial relations of trade unions do not need to be put in check and should be implemented.
The plan further states: “If adequate consultative machinery and grievance procedures are developed and made effective, strikes and lockouts will become redundant. Effective arrangements should be made to discourage
With regard to workers’ participation in management, it was observed: At the enterprise level, it should become an integral part of the industrial relations system to serve as an effective instrument.
Modern Management. It should be a means of changing the attitudes of both the employers and the workers with a view to establish a cooperative culture which helps in building a strong self-confident and self-reliant country with a stable industrial base. A system of consultative and joint decision making body will ensure frictionless operations at various levels, provide job satisfaction, release the genius creative energy of the workers, reduce their isolation and increase the commitment of the workers and improve time management. Performance for the general norm.
The plan stresses that “collective bargaining should be encouraged; For this it will increase the power of trade unions and help in enhancing the role of trade unions, promote greater participation of workers in the enterprise to meet the criteria of greater efficiency by the trade unions and achieve excellence in their overall performance. Serious efforts should be made for this.
Commenting on industrial relations the Seventh-Five Year Plan remarked: “There is considerable scope for reform in industrial relations which would eliminate the need for strikes and the justification for lockouts. In the proper management of industrial relations, recognition of the responsibility of unions and employees and inter-union rivalry and intra-union division should be avoided.
Industrial Policy Resolution, 1956:
The Industrial Policy Resolution made the following observations as an industrial workers and industrial relations.
“It is necessary that proper facilities and incentives should be provided to all those engaged in industry. The living and working conditions of the workers should be improved and their level of efficiency should be elevated. Maintenance of industrial peace Industrial progress In a socialist democracy, labor is a partner in the common task of development and must participate enthusiastically in it, certain laws governing industrial relations have been enacted and the responsibilities of both management and labor are in place. There should be joint consultation and workers and technicians should be progressively integrated into the management wherever possible.Public sector enterprises have to set an example in this regard.
National Commission on Labor and Industrial Relations Policy:
The National Commission on Labor submitted its report in 1969, which has since become a milestone in the history of industrial relations in India.
The main recommendation of the commission in the field of industrial relations was collective bargaining.
Realizing that not much progress has been made in India in reaching collective bargaining agreements, the NCI has recommended mandatory recognition of a union as sole representative for the purpose of bargaining.
The commission has suggested various measures to encourage the development of collective bargaining, which according to it has an important place in maintaining peaceful industrial relations. it is seen.
- i) Absence of provision for statutory recognition of unions, except in some states and provisions requiring employers and workers to bargain in “good faith”. It is no surprise that there has not been much progress in India in reaching collective bargaining agreements. However, the record of reaching collective agreements has been unsatisfactory, as
It is considered popular. Its expansion to a wider area is certainly desirable.
- ii) There is a case for a shift in emphasis and increasingly greater scope for dependency in a collective bargaining must happen gradually. A step towards collective bargaining should be taken in such a way that it becomes primary in the process of settling industrial disputes.
The Commission also observed that:
- i) An essential step in facilitating the process of collective bargaining is the compulsory recognition of a union as a sales representative for the purpose of bargaining with the management.
- ii) To enable the employees to participate effectively in the collective bargaining process, they should be well organized and the trade unions should be strong and stable:
iii) The place in the overall scheme of industrial relations where strike/lockout should take place needs to be defined. Collective bargaining cannot exist without the right to strike or lockout.
Recognition of Unions:
A trade union seeking recognition as a bargaining agent
Individual employer must have a minimum membership of
30 percent of the employees in the establishment. If recognition is sought for industry in a local area, the minimum membership should be 25 per cent.
The Commission is of the view that the Union should be given statutory recognition as Sole Bargaining Agent. It makes recommendations in this regard.
- a) Recognition under a central law should be made mandatory for businesses employing 100 or more workers or where the capital invested exceeds the prescribed size. A trade union seeking recognition as a bargaining agent of an individual employer must have a membership of at least 30 per cent of the employees in the establishment. If recognition is sought for industry in a local area, the minimum membership should be 25 per cent.
- b) The IRC has to certify the unions as representative unions either on the basis of verification of the membership of competing unions or in the form of an open secret ballot for all workers in the establishment. The commission will deal with various aspects of recognition of the union such as: i) Determination of the level of recognition – whether Plant, Industry, Centre-cum-Industry, to determine who is the majority union, ii) Majority as recognized union certifying the union for collective bargaining and iii) generally relating to other related matters.
- c) The recognized union should be statutorily given special rights and facilities, such as right of sole representation, right to enter into collective agreements, terms of employment and conditions of services, right to subscribe membership within the permit of the undertaking Right to check-off, consult with departmental representatives within the premises of the factory, inspect by prior agreement, the place of work of any of its members, and nominate to its representative functions/complaints committees and other bipartisan, committees .
- d) The minority union should be given the right to represent the cases of dismissal and dismissal of its members before the Labor Court only.
- e) Unions should be strengthened, organizationally and economically plurality of unions and intra-union rivalry should be discouraged.
- a) Providing for compulsory registration of unions.
- b) raising the minimum number required to form a union
- c) raising the minimum membership fee;
- d) reduction in the number of outsiders; And is taking steps to build internal leadership. Compulsory registration of employers’ association has also been recommended.
Strike/Lockout and Gherao:
The National Commission on Labor has classified industries as ‘essential’ and ‘non-essential’ for the purpose of strikes.
and lockout, and observed that a notice must be given before every strike/lockout.
2022 SOCIOLOGY-COMPLETE SOLUTIONS
The National Commission on Labor has made the following recommendations:
- i) Whether in essential industries/services, where stoppage of work may cause harm to the security of the community, the economy or the nation itself, restrictions on the right to strike may be imposed, but with provision for an effective alternative such as arbitration or mediation Judicial decisions to settle disputes with.
- ii) A maximum period of one month is fixed for continuation of strike or lockout in non-essential industries. After the expiry of this period, the dispute will automatically go to the IRC for arbitration. In essential industries, when negotiations fail and the parties do not agree to arbitration, strict strike/lockout should be made redundant by the need to adjudicate the IRC.
iii) Every strike/lockout should proceed by notice. A strike notice served by a recognized union must be preceded by a strike ballot for all members of the union, and the strike decision must be supported by two-thirds of the members present and voting.
- iv) The ‘gherao’ cannot be considered as labor unrest as it involves physical coercion rather than economic coercion. This is harmful to the working class and may affect the national interest in the long run.
- v) Penalties, which have been provided for unwarranted strikes/lockouts, will eventually weed them out and when the time comes, the parties will be able to honestly sit across the table and resolve their disputes.
Will persuade them to negotiate a settlement.
- vi) To prevent outbreak of unnecessary strikes/lockouts, compensation for strikes/lockouts and forfeiture of wages should be provided.
Reconciliation:
As per the recommendations of the NCL, conciliation was made a part of the proposed Industrial Relations Commission. NCL observed that settlement of disputes through voluntary arbitration will be accepted.
The Commission is of the view that “the functioning of the conciliation mechanism has not been found to be satisfactory due to the delays involved, the casual attitude of one or the other party to the proceedings, the lack of sufficient background in the officer to far understand the major issues involved, and the ad hoc nature of
Machine
The discretion and discretion vested in the Government in matters with reference to disputes.
The National Commission on Labour, therefore, stated:
- i) Conciliation can be more effective if it is free from outside influence and the conciliation machinery is adequately staffed. The independent character of the mechanism itself would inspire greater confidence and evoke greater co-operation of the parties. Therefore, the conciliation mechanism should be a part of the proposed Industrial Relations Commission. This transfer would introduce significant structural, functional and procedural changes to the functioning of the machinery as it exists today.
- ii) The officers using the machinery will work effectively if there is proper selection, adequate pre-work training and periodic in service training.
to mediate:
The Commission has observed that with the growth of collective bargaining and general acceptance of recognition of representative unions and improvement in management approach, settlement of disputes through voluntary arbitration will become accepted.
Unfair Labor Practices:
The Commission recommends that:
“Unfair labor practices on the part of both the employers and the labor unions should be elaborated and appropriate punishment should be prescribed in the industrial relations law if found to be committing such practices. To deal with the complaints relating to unfair labor practices Labor Court will be the appropriate authority.
Working Committees and Joint Management Councils:
As per NCL, works committees should be set up in those units which have a recognized union.
With regard to the Working Committees, the Commission recommended that.
“They should be set up only in those units which have a recognized union. The union should be given the right to nominate the members of the worker-working committee.
“Clear demarcation of the work of the working committee and the recognized union on the basis of mutual agreement
between the employer and the recognized union, for the better functioning of the committee.
Regarding Joint Management Councils, the Commission states:
“When the management and the union are willing to co-operate in matters which they see as of mutual benefit, they may set up a Joint Management Council. In the meantime, wherever the management and the recognized trade union in a unit If so desired, they may by agreement enhance the powers and scope of the Working Committee so as to ensure greater consultation/cooperation. In the latter case the work of the two may be amalgamated.
Settlement of Industrial Disputes:
According to the Commission, the best way to settle industrial disputes is for the parties to the dispute to put their differences on the table and settle them through negotiation and bargaining. On reaching a settlement he leaves the cow behind and helps create an atmosphere of harmony and cooperation. There should be a change in collective bargaining. Disputes between employers and workers are taking a legal turn, mainly because of the increasing emphasis on adjudication through industrial tribunals and courts.
The Commission has laid down the procedure for settlement of disputes. This supervisor:
After negotiations fail and before giving notice of strike/lockout, the parties may agree to voluntary arbitration. The IRC shall help the parties to choose a mutually acceptable arbitrator or may provide an arbitrator from amongst its members/officials if the parties agree to avail such services.
In essential services/industries, when collective bargaining fails and the parties do not agree to arbitration, either party may inform the IRC about the failure of negotiations, whereupon the IRC will decide the dispute.
In case of non-essential services/industries, on failure of negotiation and refusal to avail of voluntary arbitration, the IRC, after receiving the intimation of direct action, may, after conferring its good offices for settlement.
After the expiry of the notice period, if no settlement is reached, the parties shall be at liberty to resort to direct action. If Direct Action continues for 30 days, it will be up to IRC to intervene and arrange for settlement of the dispute when any
strike/lockout commences, the appropriate Government may approach the Commission for its termination on the ground that its continuance may affect the safety of the stale; national economy and public order; and if, after hearing the parties and the Government, the Commission is so satisfied, it may, for reasons to be recorded, call upon the parties to end the strike/lockout and record the statement before it. There the commission will have to decide on the dispute.
Complaint Procedure:
The Commission has observed that “statutory backing should be provided for creating an effective grievance procedure, which should be simple, flexible, less cumbersome and more or less
That lines up with the current model complaint procedure. It should be time-bound and have a limited number of steps, such as referral to the supervisor, then to the departmental head, and then to a grievance committee consisting of management and union representatives.
Therefore, the Commission recommended that:
- i) The complaint procedure should be simple and there should be a provision for at least one appeal. The process should ensure that it makes sense if –
- a) Satisfaction for individual workers,
- b) proper exercise of authority by the manager, and
- c) Participation of unions. A formal complaints procedure should be introduced in units with 100 or more employees.
- ii) A complaint procedure should normally have three steps:
- a) submission of complaint by the aggrieved employee to his immediate superior,
- b) Appeal to the Departmental Head / Manager,
- c) Appeal to a bipartisan Grievances Committee representing management and the recognized union.
In the rare case where unanimity breaks away from the committee, the matter may be referred to an arbitrator.
Discipline Process:
After hearing the views of both employers and workers, the commission has suggested the following changes in the discipline procedure.
- i) standardization of punishment for different types of misconduct;
- ii) inclusion of workers’ representatives in the in-house inquiry committee;
iii) having an arbitrator in the domestic inquiry to render his award;
- iv) Adequate opportunity to the workman to show cause.
- v) the presence of a union official to represent the case of an employee during the inquiry proceedings;
- vi) supply of record of proceedings to the aggrieved workman;
vii) payment of subsistence allowance during the period of suspension;
viii) the right of appeal to administrative tribunals set up for the purpose; And
- ix) Fixing a time limit for the proceedings of the Tribunal and giving it unfettered powers to examine the case de novo, modify or set aside the penalty awarded by the employer.
To make the process more effective, the Commission has made the following recommendations:
- i) In domestic inquiries, the aggrieved workers should have the right to be represented by an executive of a recognized union or a worker of his choice.
- ii) a record of the domestic inquiry should be maintained in a language understood by the aggrieved employee or his union;
iii) The domestic verification should be completed within a stipulated time which must necessarily be less;
- iv) against the order of dismissal of the employer must be filed within a prescribed period;
- v) The employee should be entitled to subsistence allowance during the period of suspension as per the contract.