Industrial Relations and Labor Laws (MBHS2)

I.

Elaborate the concept of present Industrial Relation Scenario.

Ans- Industries Relations are one of the most delicate and complex problem to

modern industries Society. According to Dunlop an Industries relations system creates an

ideology or commonly shared body of ideas and beliefs regarding interaction and roles
the actors which help to find the systems together. It is a value laden subject based on
belief, what is right with respect to equity, fairness, trust and exercise of power and
authority. In the past there are three major actors in industrial system were workers,
employers and government. But now even consumers and communities have started
asserting their rights which clash with the rights of workers and employers also .the
industrial relations interface between among actors takes place at three levels. Macro
industry, enterprise and work place. The four theoretical perspective identified in
industrial relations are unitary, pluralistic, radical and trusteeship. The key questions are
whether class conflict is inevitable? Or can it be managed? And whether class
collaboration is necessary in the context of global competition industrial relations output
in terms of rule making concerning workplace governance takes one or more of the
forms, constitutional and legislation frame work, unilateral, bipartite, tripartite and
multiple parties. There will be owner ship and respect for rules if there are formed out of
consensus or mutual agreement rather than being imposed by employer, state or other
parties like courts. The basic concepts and values that guide industrial relations are equity
and fairness, power and authority, individualism and collection and integrity, trust and
transparency.
The efficiency of an industry is directly related with the quality of relationship
which is being built up amongst the individuals, who works together. It is not uncommon
to see organizations which are having all resources and favorable situation, but the
performance is highly unsatisfactory due to industrial relations problems.
One can find examples where there is no strike, no lockouts or go slow tactics
and yet the performance is much below the expectation. Therefore when we talk about
industrial Relations it is not merely the external symptoms like strikes, lockout which
should concerned with real systems symptoms of healthy relationships in an
organization? Which are reflected in the morale, commitment, sense of duty, sense of
belongingness amongst the employees.

Good industrial Relations hold the key for success and long _ term viability of
any enterprise, management / employers should take the initiative for building a
conducive climate to develop good industrial Relations. The basic values like trust,
fairness and equity are the four pillars on which Industrial Relations can be developed. It
is necessary to give employees voice and representation even in non-union situations. The
declaration of international labor organization (ILO) and the guidelines of origin for
economic co-operation and Development (OECD) provide the road map for big
enterprise especially Multinational National Enterprises (MNEs) in discharging their
roles as model employer in the area of employment and Industrial Relations. The
changes in the nature of competition, original forms and profiles of the employees results
in diverse trends and increase the complexity of Industrial Relations. The basic
philosophy and goals of Industrial Relations may remains the same, but the means to
achieve them and the structure of the Industrial Relations system and its constituents
especially workers, organizations to in order to a change. The nature of issues and
activities or the contents of Industrial Relations may also undergo a change, because of
the advances already made through state legislation and collective bargaining. However,
irrespective of the unorganized sector and the casual and content labor, the traditional
aspects of Industrial Relations term still relevant.

II.

Describe the Labor Laws in detail.

What Is Employment Law?

Almost all businesses use some sort of employment law. Employment law is the area of
law that governs the employer-employee relationship. Therefore, if the business has more
than one employee, then the business likely uses employment law. This area is made up
of both state and federal laws and includes many different subjects with the common goal
to protect workers' rights. For employees, these laws work to:
Prevent discrimination
Promote health and safety
Establish a minimum required level for economic support
Prevent work disruption due to disputes between labor and management
Just one well-known example is Title VII. This is a federal statute included as a part of
the Civil Rights Act of 1964. This famous law prohibits employment discrimination

based on a person's race, color, religion, sex, or national origin. This means that these
aspects can't legally be considered when hiring, firing, promoting, compensating, or in
any other aspect of employment.
Another well-known example is the Fair Labor Standards Act or FLSA. This crucial
piece of federal legislation was enacted during the Great Depression when workers often
suffered long hours, harsh conditions, and unjust pay. The FLSA established a federal
minimum hourly wage and child labor laws for certain industries.
Recognizing Employment Law
Usually, the key is simply recognizing when employment law is an issue. This can be
difficult because the subject is truly vast. Employment law includes such things as:
Worker's compensation
Employment discrimination
Labor relations
Family and medical leave
Immigration
Employee benefits
Social Security
Wrongful termination
Occupational safety and health
ERISA
Minimum wage
For most business owners, it's just not possible to comfortably know enough about
employment law. Instead, a savvy business owner will recognize when employment law
covers a subject so that he or she can seek the help of an attorney. I found this out the
hard way!

I own a small business. It's a pet grooming business, called Barks and Bubbles. I only
have a few employees. I try to be flexible with them because I think it's easier for them,
and I'm trying to be nice. It's also easier for me because my employees are happy, they
like me, and I have less paperwork. But, I recently had a meeting with my attorney, and I
learned that I'm doing several things wrong! I didn't realize these were employment law
issues at all, and I didn't realize the intricacy of these issues.
Federal Employment Law in Use
For example, when I set up my business, I decided that I wouldn't keep track of my
employees' hours. I thought it would be easier for me to pay all of my employees a set
salary, so that I don't have to keep time sheets. This means that all of my employees
are exempt employees. I didn't realize that this is a special legal classification.
Let's take a look at what I did wrong. At Barks and Bubbles, we don't have set work
hours or set breaks. I'm a nice boss, so I let my employees take rest breaks if the work is
done, but otherwise, we don't really take breaks. We always take a lunch break, but
sometimes our lunch break is late, and sometimes it's very short. Also, I don't pay anyone
overtime. Sometimes we work long hours, and sometimes we work shorter hours. I figure
it all evens out.
My attorney says that this is a complicated area of employment law that's governed by
the FLSA. She says that I can't just exempt employees. There are certain requirements
that must be met regarding each employee's individual job duties, authority, skills, and
qualifications. She says there's a minimum weekly pay rate for exempt employees, and
I'm likely not reaching it. Therefore, I can be sued in federal court for not providing
overtime pay and proper meal break

V. Discuss the importance of Industrial Relations.

Industrial relations usually imply good and positive relations between the employees and
employers. The good IR help run an industry effectively and successfully, i.e., the
desideratum of the day. The importance of IR can be imbued with multiplicity of
justifications.
To mention, good IR help:

1. Foster Industrial Peace:

Under the mechanism of IR, both employees and managers discuss the matter and consult
each other before initiating any actions. Doubts, if any, in the minds of either party are
removed. Thus, unilateral actions that prop confusion and misunderstanding disappear
from the scene. In this way, IR helps create a peaceful environment in the organisation.
Peace, in turn, breeds prosperity.
2. Promote Industrial Democracy:
Industrial democracy means the government mandated worker participation at various
levels of the organisation with regard to decisions that affect workers. It is mainly the
joint consultations, that pave the way for industrial democracy and cement relationship
between workers and management. This benefits the both. The motivated workers give
their best and maximum to the organisation, on the one hand, and share their share of the
fruits of organisational progress jointly with management, on the other.
3. Benefit to Workers:
IR benefits workers in several ways. For example, it protects workers against unethical
practices on the part of management to exploit workers by putting them under inhuman
working conditions and niggardly wages. It also provides a procedure to resolve workers
grievances relating to work.
4. Benefit to Management:
IR protects the rights of managers too. As and when workers create the problem of
indiscipline, IR provides mangers with a system to handle with employee indiscipline in
the organisation.
5. Improve Productivity:
Experiences indicate that good industrial relations serve as the key for increased
productivity in industrial organisations. Eicher Tractors, Alwar represents one such case.
In this plant, productivity went up from 32 per cent to 38 per cent between 1994 and
1997. This increase is attributed to the peaceful IR in the plant.
Similar other success stories abound in the country. As reported by V.S.P. Rao, Sundaram
Fasteners (A TVS group company which begged the prestigious GM award for the fourth
successive year in 1999 as a quality supplier of radiator caps) is well known for zero

breakdowns, zero accidents and zero defects. Company did not lose even a single day due
to strike. The per-employee productivity is comparable to the best in the world. One
study rates the company among the 20 most competitive companies in the Asia.

VII. Discuss Freedom of Association in detail.

A central aspect of democracy is that people gather to engage in common interests,

discuss or demonstrate and that organisations can be formed for different purposes. The
freedoms of association and assembly are closely linked to each other and protected by
Article 20 of the UN Universal Declaration of Human Rights, Articles 2122 of the UN
International Covenant on Civil and Political Rights, and Article 11 of the European
Convention for the Protection of Human Rights and Fundamental Freedoms.
Freedom of assembly
Freedom of assembly includes the right to participate in peaceful assembly, for example
to demonstrate and organise opinion meetings. According to both the European
Convention on Human Rights and the UN International Covenant on Civil and Political
Rights, freedom of assembly may be subject to restrictions that are lawful and necessary
with regard to national security, public order and safety, the prevention of crime, the
protection of health or morals, or the protection of the freedoms and rights of others.
According to the European Court of Human Rights, freedom of assembly extends to both
private gatherings and meetings in public places. The requirement to have permission for
meetings in public places is not considered an infringement on this right. The state has
not only a obligation not to intervene, but also a duty to take positive measures in the
sense of combating that individuals are prevented by others from exercising their rights.
Freedom of association
Freedom of association applies to different types of associations and includes the right of
everyone to form and join trade unions for the protection of their interests. The right to
form and join political parties is also covered by freedom of association, which is subject
to the same types of exceptions and restrictions as the freedom of assembly.
Article 20 of the Universal Declaration of Human Rights contains also a provision on
negative freedom of association that means that no one may be compelled to belong to an
association. There is no equivalent provision in either the Covenant on Civil and Political
Rights or in the European Convention for the Protection of Human Rights and
Fundamental Freedoms. However, in a case concerning Iceland, the European Court of
Human Rights has declared that freedom of association extends to the right of nonmembership of a trade union.