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    4/13/12

    PRESENTATION ON

    PROBLEMS CREATED ANDFACED BY LABOUR UNION

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    Trade Unions

    Trade unions are organisations thatrepresent people at work. Theirpurpose is to protect and improve

    people's pay and conditions ofemployment. They also campaign forlaws and policies which will benefitworking people.

    Trade unions exist because anindividual worker has very little

    power to influence decisions that are

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    ORIGIN & GROWTH OF TRADE UNIONMOVEMENT

    Industrialization brought about new economic and

    social order in societies. TU emerged as a result ofindustrialization in new social order

    First workers union in India under the leadership of

    Mr Lokhande was developed in 1890

    Beginning of labor movement in the modern sensestarted after the outbreak of World War I

    Economic. Political and social conditions influencedthe growth of trade union movement in India.

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    In 1920 AITUC( All India Trade Union Congress) wasformed- the 1st All India trade union.

    World War II brought splits in AITUC. Efforts of Indian

    National Congress resulted in the formation ofINTUC( Indian National Trade Union Congress)

    Socialists separated from AITUC formed HMS( HindMazdoor Sabha) in 1948

    Some other unions were also formed. They were BMS( Bhartiya Majdoor Sangh) in1955, HMP( Hind MajdoorPanchayat) in 1965, CITU( Centre of Indian TradeUnion ) in 1970

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    PRINCIPLE OF TRADE UNION

    1. UNITY: Unity is strength

    2. EQUALITY: Workers must not bediscriminated wrt caste, creed, sex etc.

    Each worker should get equal pay for equal

    work

    3. SECURITY: Security of their employment

    and their families must be safeguarded

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    Types of Unions

    1. Craft union

    Same craft or occupation

    1. General union

    For unskilled workers

    1. Staff union

    Non-manual workers

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    Types of Unions

    4. Industry union

    Same industry, regardless of

    skills, occupation or job

    4. House union (company or

    enterprise union) All members are from the same

    company regardless of

    occupation or job

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    Why Workers JoinUnions1. Higher wages and better working

    conditions

    Collective bargaining with employer

    2. Job security

    More secured with collective agreement

    3. Social need

    Meet co-workers from other departments orcom anies

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    Why Workers JoinUnions4. Upgrading of skills

    Attend training courses organized by

    union

    5. Peer pressure

    Colleagues are members

    6. Self-fulfillment

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    REASON New members % Members %

    Support if I have a

    problem at work

    81.5 65.9

    Improved pay and

    conditions

    42.0 39.6

    Most people at work

    are members

    15.4 32.5

    I believe in trade

    unions

    18.2 37.5

    Industrial

    benefits/services

    7.4 9.1

    Financial services 3.5 2.5

    Other 6.8 5.3

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    OBJECTIVES/IMPORTANCE OF TRADE UNIONS

    Wages & salaries

    Policy matter but differences in implementation, so comes therole of trade union

    Working conditions

    safeguarding workers health: Lighting & ventilation,sanitation, rest rooms, safety equipments ( hazards free

    atmosphere , drinking water, refreshments, working hours, leave& rest, holidays with pay, job satisfaction, social security benefitsand other welfare measures

    Discipline

    Protect workers from victimization by management- transfers,suspensions, dismissals etc

    Personal policies

    Fighting against improper implementation of personnel

    policies.

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    Welfare Solving difficulties of workers through collectivebargaining wrt sanitation, hospitals, quarters, schools,

    colleges and other basic amenities

    Employer- employee relations Bureaucratic attitude and unilateral thinking of mgmt maylead to conflicts

    Trade unions go for constant negotiations for industrialdemocracy and peace.

    Negotiating machinery Based on give and take principle, negotiations continuetill parties reach an

    agreement. Protect interests of workers throughcollective bargaining

    Safeguarding organizational health

    Methods evolved for grievance redressal, techniquesadopted to reduce

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    ACTIVITIES OF TRADE UNIONECONOMIC: Improved economic status, shorter workingday, improvement in living and working conditions,better health & safety standards, upgrading welfarefacilities, reducing inequalities- both internally &externally

    POLITICAL: Seeking / obtaining political power throughpolitical affiliations, lobbying activities to influence thecause of labor and legislations, participating &representing workers on bipartite forums,

    developing revolutionary ideologies among workers,protesting against Govt. decisions

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    SOCIAL: Initiating & developing workers

    education system, organizing welfare &recreational facilities, providing monitory andother help during period of strike andeconomic distress, running cooperative

    welfare schemes and societies, hosing needs/community development, organizing culturalfunctions & social welfare programmes

    NATIONAL / INTERNATIONAL LEVEL:Representing workers at the national level onadvisory committees, associating withnational federations for unity & solidarity,Raising funds in case of national /

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    FEATURES OF AN EFFECTIVETRADE UNION

    Internally democratic

    Have a strong leadership

    Exhibit a responsibility towards their workermembers

    Committed to promote industrial peace andharmony

    Inclined towards collective bargaining that is

    collaborative and not competitrive Possess financial security

    Adaptable to change

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    ow o ra e n onsRecruit Their Members?

    Different unions cover different jobsand industries. People are able to jointhe most appropriate union for their jobor sector.

    People are recruited to unions indifferent ways. Most people find outabout the union by talking to

    colleagues at the workplace and then

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    a s e ruc ureOf Trade Unions?

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    a o n ons o

    Representation

    Negotiation

    Information and advice

    Member services

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    Trade Unions InIndustrial Disputes?

    Most "collective bargaining" takesplace quietly and agreements are

    quickly reached by the union and theemployer. Occasionallydisagreements do occur and the two

    sides cannot agree. In these cases theunion may decide to take industrialaction.

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    FORMS OF UNREST/DISPUTES

    STRIKES:

    A strike is spontaneous and concertedrefusal of work and withdrawal of laborfrom production temporarily. It is acollective stoppage of work forpressurizing their employers to acceptcertain demands.

    TYPES OF STRIKES:

    SYMPATHETIC STRIKE: To show sympathy withworkers in other industries

    GENERAL STRIKE: Strike by all or most of the

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    SECTIONAL STRIKE: Refusal of a section ofa given class of workers to perfor theirnormal duties

    BUMPER STRIKES: to paralyze the industryfirm by firm

    SIT DOWN /TOOL DOWN/PEN DOWN: Strikewhen unions plan strike and workerscease to perform but do not leave the

    place of work

    SLOW DOWN STRIKE: Go-slow tactic,

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    FORMS OF UNREST/DISPUTESLOCK-OUTS:

    It is the counterpart of strike.

    It is the weapon available with employer to close down the factory tillthe workers agree to resume work on the conditions laid down byemployer.

    If it is impossible to meet the demands of workers, employers maydecide o go for lock-out

    An employer may also pull down the shutters so as to bringpsychological pressure on the workers to agree to his conditions orface the closure of unit

    GHERAO:

    Gherao means to surround

    Group of workers initiate collective action aimed at preventingmembers of he management from leaving the office. This can happenoutside the premises too

    Persons who atre under gherao are not allowed to move for a long

    time, sometime even without food or water

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    PICKETING and BOYCOTTWhile picketing workers carry/display signs ,banners and

    placards( In connection with dispute), prevent others fromentering the place of work and persuade others to join the strike

    Boycott aims at disrupting the normal functioning of anenterprise, Through forceful and negative behavioral acts,strikers prevent others not to cooperate with employer

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    MANAGEMENT ACTION TO COUNTER STRIKES

    EMPLOYERS ASSOCIATION:

    Employers may form their unions to collectively oppose the working classand put pressure on trade unions

    LOCKOUT:

    It is the counterpart of strike.

    An employer may close down the place of employment temporarily. It isvery powerful weapon available with employer to pressurize workers tillthey agree to resume work on the conditions laid down by employer.

    If it is impossible to meet the demands of workers, employers may decide ogo for lock-out

    An employer may also pull down the shutters so as to bring psychologicalpressure on the workers to agree to his conditions or face the closure ofunit

    TERMINATION:

    Employer may resort to suspension or disciplinary action leading totermination of workers on strike. The list of employees so suspended or

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    Law Over The Last Few YearsAffected Unions?

    Since 1979 the ConservativeGovernment has introduced manychanges to the laws on

    employment rights and on tradeunion affairs.

    Many other European countriesare currently improving theiremployment rights and

    increasing employee

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    Challenges FacingTrade Unions?

    the last two decades trade unions havefaced major economic and politicalchange. The kind of jobs that people do

    and the type of industries they work inhave changed dramatically. Themanufacturing sector, which used to beone of the most important industries in

    Britain, has shrunk dramatically and newsectors - like the finance and voluntarysectors - are becoming more importantto the British economy.

    ow ave n ons

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    ow ave n onsResponded To These

    Challenges? launching major recruitment drives andtrying to attract new members in jobsand industries which in the past have

    not had high union membership. putting education and training high up

    the bargaining agenda so that theirmembers have the skills andqualifications to improve theiremployment prospects

    forging a new deal at the workplace by

    working in partnership with employers

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    TRADE UNIONISM IN INDIA TODAY

    Unionization according to industry/region/state

    70,000 registered trade unions , many not regisered

    9 central unions, all affiliated to political parties

    2 % of the union force unionized

    PSUs: Industrial level collective bargaining in coal/steel,enterprize level elsewhere

    Private sector: Plant level collective bargaining

    Union density according to the size of of industry

    Craft unions in Govt transport sector

    Unionization in India under recession

    Twin battle against Inter Union Competition and assertive

    management

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    MAJOR PROBLEMS FACED BY BTRADEUNIONS IN INDIA

    Outside or political leadershipMultiplicity of trade unions

    Small size of unions

    Low membership

    Uneven growth

    Poor financial position

    Low level of knowledge of labor legislation

    Fear of victimization

    TRADE UNION ACT (1926)

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    TRADE UNION ACT (1926)

    It legalizes the formation of trade unions by allowing employees the right toform and organize unions and also strengthen bargaining power of

    workers

    Act aims to provide law for the registration of trade unions and get itregistered under the act

    Permits any seven persons to form a union

    OBJECTIVES

    Lay down conditions governing the registration of trade unions

    Defines obligations of trade unions

    Prescribe rights and liabilities of a registered trade union

    STATUS OF A REGISTERED UNION

    It becomes a body corporate

    It gets a common seal

    It can buy and hold movable and immovable property

    TRADE UNION ACT (1926)

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    TRADE UNION ACT (1926)

    REGISTRATION:

    A trade union formed with at least 7 members may apply for registration with following

    documents

    A copy of the rules of trade union

    Name, occupation and addresses of members

    Name of trade union and address of its office

    Office Bearers of the trade unions

    In case already in operation- submit statement of accounts/assets and liability statement

    OBLIGATIONS:

    It should have a name, clearly laid down objective, membership list readily available,purpose for which funds shall be utilized, members to be the actually working persons ,Honorary/temporary office bearers, conditions for benefits/fines, conditions under which rules

    shall be amended, manner in which office bearers shall be appointed, safe custody of funds andmanner in which trade union shall be dissolved

    RIGHTS AND LIABILITIES

    Section 15 of the Act provides for certain obligations and liabilities of registered unions

    It also stipulates the purpose for which funds can be utilized

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    INDUSTRIAL DISPUTE ACT(1947)Ever expanding complex multi product/project companies with diverse andconflicting interests of workmen and employers, growing labor consciousness,resulting in strikes and lockouts, lead to the outcome of

    Industrial dispute Act, 1947

    Main provisions of the Act are:

    Settlement machinery

    -Provides suitable machinery for investigation, just, equitable and peaceful settlement ofindustrial disputes and aims to provide justice both to employers and workmen

    - Collective bargaining, Negotiation

    Aims at promoting security, amity and good relations between employer andemployee or between employers and workmen or among workmen

    Prevent illegal strikes and lockouts and explains the contingencies when

    these can be lawfully resorted to or when these can be declared illegal orunlawful.

    Provide conditions and relief to workmen in the matters of lay-offs,retrenchment, dismissals and victimization

    Last in first out in a retrenchment case or specific reasons in case of others

    Provides conditions under which an industrial unit can be closed down

    60 days notice to be given of intention to close down any undertaking

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    Trade Unions OnBusiness?Trade unions have an important role in:

    improving communication betweenemployees and managers so that

    employees can understand and becommitted to the organisation'sobjectives

    negotiating improvements to pay andworking conditions so that people feelmore satisfaction at work and staylonger in their jobs

    encouraging companies to invest in

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    Between Trade Unions AndPolitical Parties?

    Unions try to influence the politicalparties and win support for their policies.They lobby MPs and peers of all parties,

    keep them up to date with research andcampaigns and encourage their supportduring parliamentary debates and thescrutiny of bills.

    Most unions find that their closestrelationship is with the Labour Party

    because of a shared history and

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    Between Trade Unions AndGovernment?

    Unions seek to work with thegovernment of the day to win support fortheir policies. They put their case to

    ministers and civil servants, and someinvite ministers to speak at unionconferences.

    While the previous Conservativegovernment brought in legislation hostileto trade union and it was generally

    opposed to extending rights at work, it

    T d U i P

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    Trade Union Power

    GOVERNMENT LEGISLATION

    Legal Immunity

    Before 1979 employers were forbiddenfrom taking civil action in court fordamages resulting from industrial actionby unions. This was a result of the 1974

    Trade Union and Labour Relations Act.

    However the 1982 Employment Act

    made unions liable for any action taken

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    The Closed Shop

    Under this system employees wereobliged to be a member of the union if a

    closed shop agreement existed. Anyonerefusing to join had no defence againstunfair dismissal for that reason.

    The 1980 and 1982 Employment Acts

    meant that any union agreement cominginto existence after August 1980 had tobe approved by an 80% vote in a secret

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    Other Legislation

    The 1984 Trade Union Act forced unionsto take secret ballots before action took

    place if the action was to be legal.

    The 1993 Trade Union Reform and

    Employment Rights Act led to thefollowing measures:

    The right for workers to have a postal

    Ballot on union action and the right to

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    PUBLIC OPINION

    Union action is likely to be moreeffective if there is support from the

    public. In recent years unions havebeen portrayed by the media as beingdisruptive to UK business and unwillingto change in the face of competition, andhave lost support as a result.

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    rgan se o c a

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    rgan se o c aaction

    WORK TO RULE

    Means that workers do not carry outduties that are not in their employment

    contract. They also may carry outmanagement's orders to the letter. Thiscan mean workers observing safety lawsto the letter, when they are normally

    disregarded. Working to rule does notmean that workers are working inbreach of their contract, simply that they

    carry out tasks exactly as their contractsstate. This has the im lication that tasks

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    OVERTIME BAN

    This limits the working hours to theagreed contract of employment for

    normal hours. It is used by unions todemonstrate that workers are preparedto take further collective actions if theirdemands are not met. It has the

    drawback for workers because it resultsin lost wages. It can lead to a decreasein costs for the business, but it can alsoresult in a fall in the production. It canbe es eciall effective where roduction

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    STRIKE

    This is seen as the ultimate sanctionthat can be used by the trade unions.

    They are normally called in connectionwith terms and conditions ofemployment and wages. They can beofficial or unofficial. Official strikes occur

    when the union officially supports itsmembers in accordance with union rulesduring a dispute. Unofficial strikes haveno union backing or support. They havein the ast usuall been called b sho

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    PICKETING

    Primary Picketing is legal. This involvesmembers of a union on strike standing

    outside a firms entrance trying topersuade other workers not to cross it.

    Secondary Picketing is not legal. Thisinvolves workers who are on strike fromone firm trying to dissuade workers at afirm not involved with the strike fromgoing to work. Secondary picketing is

    pro ems or o

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    pro ems or oemployers and

    employees:EMPLOYERS PROBLEMS :

    A go slow or work to rule can reduce

    output. Strike action could meanthreat orders are unfulfilled andrevenue and profits could fall.

    If it causes production to stop, thenmachinery and other resources will be

    lying idle. Businesses have fixed

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    EMPLOYEES PROBLEMS

    A work to rule, go slow or a strike can lead to

    a loss of wages. Prolonged industrial action may lead to the

    closure of the plant. Employees would thenbe made redundant.

    If industrial action fails then it can leave theemployees in a weaker position than before.Members may also leave a union if they feel

    that the union is unable to support them.

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    THANK YOU