THE EMPLOYMENT RELATIONSHIP IN INDIA
Employment relations in India are governed by labour legislation passed as in 1923(workmen, 1923). However, the Industrial Dispute Act 1947 is most important and the most litigated of all labour legislation passed so far in India. It has a major important and most litigated of all labour legislation passed so far in India. It has major impact on employment relations and act has been applied for more than five decades.
After decades of implementing a controlled system of economy and a strong legal regimentation, it has now dawned on the people of India to break a new path so to help in process of economic development and re-construction. The new economic policy implement by India has significant directions and has strong impact on the employment relations in the twenty first century.
Legislations effect employment relations. Conversely, four important pieces of legislation have played a major role in influential employment in the work place in India.
1. The Workmen’s Compensation Act 1923,
2. The Industrial Disputes Act 1947
3. The industrial Employment(standing orders) Act 1946 and
4. The Trade Unions Act, 1926.
Involvement of workers in the settlement of disputes and maintance of peace and harmony in the workplace is seen as a distinctiveness in employment relations in India. Instead of discussing conventional industrial and employment relations in India, the trade union are more involved in discussing business, which develop the condition of employment and the state of its employees. There is a cultural progression from being the setting of employment and the condition of its employees. There is cultural advancement from being internationally minded to befitting world minded.
The industria...
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... sector is in firms with fewer than ten employees, compared with only 5 percent in China. Small Indian firms cannot reap economies of scale or exploit the latest technology, and so suffer from lower productivity than if they scaled up, employed more people and were much bigger companies. This cripples Indian firms’ ability to rapidly expand or adjust with changes in global economy, both during early opportunity phase and during economic change.
One exclusion is white collar jobs, where companies have stronger foyer and employees are not unionized, so they have managed to operate freely with a much larger workforce and have been able to lay off a significant portion of their workforce without contravening labour laws. In almost all cases white collar employees are forced to resign under threat of negative recommendations and black-listing with industry associations.
The case Hollis v Vabu Pty Ltd[1] confirms the long held doctrine that employers are vicariously liable for the negligence of their employees during the course of their employment. In comparison to cases such as Humberstone v Northern Timber Mills[2] and Stevens v Brodribb Sawmilling Co Pty Ltd[3], which appear to contribute to the development of the application of common law to evolving social conditions, the Hollis v Vabu Pty Ltd case may be considered as taking a step back in affirming the traditional notion of ‘control’ when determining the nature of employment relationships. The following will critically analyse the ratio and the legal and commercial implications prevalent in this case.
labor law term used for contractual relationships in which an employee can be terminated by an employer for any reason, without just cause, and without warning. And, unless stated in an employee handbook, the employee is equally free to quit at will, cease to work, or strike. Ms. Barton and her colleagues have co-authored a resource guide for employers with the goal of helping them develop effective policies that promote fairness in the workplace, and comply with Arizona state law.
Instructively, it behooves to set the premise on the background of the industrial relation system in the within the territorial jurisdiction of the Federation of Australia. Pursuant to section 51 under the Australian Constitution, the Federal Government has the powers to legislate with regard to conciliation as well as arbitration with a view to prevent and settle industrial disputes that step out of the confines of any given state (Fleming, 2004). Previously, the Conciliation and Arbitration Act of1904 had been the relevant Act in this respect, and it provided for the existence of trade unions and instituted the Commonwealth Conciliation and Arbitration Act Court (Fleming, 2004). The commonwealth Court lost powers to the Commonwealth Conciliation and Arbitration Commission in 1956; subsequently, it was renamed to the Australian Industrial Relations Commission (AIRC) which serves to resolve dis...
NZ’s industrial relations developed by protection of the employment relationship through acts passed by government, particularly the Industrial Conciliation and Arbitration Act (IC&A). This is fundamental to NZ’s employment relations and set the right for trade unions to arrange and negotiate collectively with employers, as well as producing awards, wage rates and handling disputes (Bryson, 2011c).
Aurizon case of industrial dispute is not much different than that of the various existing cases related to employee relation and industrial dispute. Situation of Aurizon also cannot be considered isolated to that of the various other employers, who adopts absolute and inflexible position in their workplace negotiations in cases of industrial dispute. While, the union and workers are also strongly defend their claims for change or any demand which they posed. Thus, it can be stated that in such scenario effective resolution of the industrial dispute cases can only be achieved when both parties come for negotiation and get agreed on mutually beneficial terms and conditions. In consideration to specific case scenario of the Aurizon industrial dispute case it can be stated that pluralist approach to conflict became evident form the case facts, as two powerful and divergent subgroups of management and trade union is existing in system which has generated the need of collective bargaining.
In conclusion, there are many rights to the employees’ when it comes down to equal opportunity employment. In this paper you learned of a few different types of discrimination towards employees’ and how different acts protect them in the workforce. It also has shown what rights a person has as an employee in the working environment.
Another large debate in the issues and impacts of obesity is the responsibility of employer’s. Especially for those whose obesity comes from a sedentary lifestyle. Or perhaps need the preventative measures of keeping obesity at bay. A hot topic on the rise is whether or not employers should be mandated to give employees a work-out period in their schedule. The employers could offer employee’s incentives for utilizing resources (a company gym, discounted memberships, and dietician, walking a company track) and by using the resources keep costs low. Though initially it could be costly to take on the responsibility to offer extra incentives to employee’s it could offer long term potential savings. (Villareal, Apovian, Kushner, and Klein 2005) Those whose companies offer various programs and actively engage in them express more happiness, productivity, a greater quality of life, and overall better health. Better health allows for employee’s to serve their employers better. They use less sick pay, keep insurance premiums low, and are more likely to be in tune with their daily job. So while the initial cost may be high, the long term financial gain of a happy, healthy, productive team is hard not to invest in!
Labor relations have emerged as an important element in the work environment since they help determine labor practices. Regardless of the industry or market where they operate, organizations are required to have policies that contribute to fair treatment of employees as part of ensuring effective labor relations. While organizations and employers understand the significance of effective labor relations, some of them do not ensure suitable labor policies and practices for employees, which results in significant challenges. This tendency has contributed to the emergence of labor unions that adopt various measures and approaches towards promoting effective labor practices and relations in the work environment. The unions utilize the various measures including collective bargaining based on the provisions of The National Labor Relations Act.
In every work place you will find employees who are happy with what they do and employees who are just there to complain and collect a paycheck. My topic for this discussion will cover job dissatisfaction.
India's strategy for development has had many critics. It was pointed out that the emphasis on heavy industry
Positive organizational behavior is a effective leader in the workplace, because you set up a team strength, and work with partners to achieve goals. Their success brought confidence for the workplace.
Industrial Relations is a multidisciplinary field dealing with the study of employment relationship in union and non-union organizations. There have been various theories of industrial relations in place, but the first and most influential theory was put forward by John Thomas Dunlop. Dunlop, as a labor economist, remodelled the work of sociologists and developed a framework of industrial relations system. He developed the System’s Theory which stressed on the interrelationship of institutions and behaviors that enables one to understand and explain industrial relation rules.
There are many different approaches and theories regarding industrial relations nowadays. In order to mount an opinion on which is the ‘best’ or most appropriate theory of industrial relations, each theory will have to be analyzed. The three most prevalent theories of industrial relations which exist are The Unitarist theory, The Pluralist theory and The Marxist theory. Each offers a particular perception of workplace relations and will therefore interpret such events as workplace conflict, the role of trade unions and job regulation very differently. I will examine each of these theories in turn and then formulate my own opinion regarding which is the ‘best’ or most appropriate theory.
The theory holds work to be governed by a wide range of formal and informal rules and regulations, which cover everything from recruitment, holidays, performance, wages, hours, and a myriad of other details of employment. It asserts that these rules are what industrial actors try to determine, that their establishment is influenced by the wider environmental context in which the actors operate, and that the actors themselves share an interest in maintaining the processes of negotiation and conflict resolution. On the back of these assertions four elements are held to make up the system of industrial relations rule-making. The first is industrial actors, which consists of employers and their representatives (i.e., employer associations), employees and their representatives (i.e., trade unions), and external agencies with an interest in industrial relations (i.e., government departments and labour courts). The second is the environmental context, which
How difficult (or easy) is it for an employer to prevent an employee working for others (or themselves), both during the employment and after it has ended? Refer to relevant cases and legislation.