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Presented By: Group 2Amal Dev V

Arun SreenivasanSonali Verma

Sukrita Goyal

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The Role Of GovernmentActively supports growth and development of

industries

Regulates economy and financial markets Restricts FDI

Close relation with Industries ( Public PrivatePartnerships)

Only indirect interventions

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Review of Labor Laws Labour legislation

General Labour Laws

Special Labour Laws

There are many other Labor Laws under these categories.

These Labor Laws may be grouped as follows: Laws that cover the rights of workers

Rights in relation to labour unions

Laws to protect workers, covering individual workers

employment and the protection of workers before and afterapplication of employment policy

Laws concerning employment, which regulate the externalmarket

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The Trade Union Law

formation of trade unions and determines theiractivities.

enforce collective bargaining based

The Labor Relations Adjustment Act

makes provision for a Labor Relations Commission,which is empowered to prevent and solve labordisputes by mediation, conciliation or arbitration.

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For Part Time Workers :

The Worker Dispatching Business Law Part-Time Worker Law - Since the number of non-

regular employees has been increasing in recent years,these acts are the guide maps for protecting their

rights at the company level.

Laws to protect workers

Minimum Wages Law ( 5.5-7.02 Euros )

The Industrial Safety and Health Law, Equal Employment Opportunity Law.

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Labor Union Movement Immediately, before and after World War II, Japanese

unions remained highly politicized. The governmentat that time regarded unionization as anti-establishment and, as a result, restrictions wereplaced on union activities.

The period between 1965 and 1980 is regarded as the

golden age in the development of industrial relationsin Japan.

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After World War II, the Supreme Commander of Allied

Powers (SCAP) played a major role in the organizing ofunions.

SCAP formed the General Council of Trade Unions ofJapan (Sohyo) in 1950.

The Congress of Industrial Unions of Japan

(Sanbetsukaigi) for public sector

The Japanese Federation of Trade Unions (Sodomei)for private sector was constituted in 1946.

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In 1953, formed the Japan Trade Union Congress

(Zenro). In 1956, amidst the conflict between Sohyo, Sodomei

and Zenro, the unaffiliated unions formed theFederation of Independent Unions of Japan

(Churitsurore). In 1962 Zenro and Sodomai merged to form the

Congress of Japanese Confederation of Labor(Domeikaigi) which, in 1964 was renamed as the JapanConfederation of Labor (Domei).

This is how the four different national labor centres Shoyo, Sodomei, Churitsuroren and Shinasanbetsu were established in order to strengthen bargainingpower.

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Modern Labor MovementStructured On three levels:

National :

National-level unions work directly with the nationalgovernment and employers organizations on issuessuch as labor standards, tax systems and social security,

which cannot be solved at the industry or local level.

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Industrial federations

Affiliate with a national centre. The federations are composed of company-based

unions in the same industry.

They are not supposed to conduct collective

bargaining at the company level. They are financed by company-based unions and

finance the national centres.

Members of the federations exchange information on

common working conditions in the industry, discussindustrial policies and other problems and strive toverify these. In fact, both national centres andindustrial federations endeavour to unionize

unorganized workers.

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Company-based unions:

strong hold in manufacturing, finance, transportation,public utilities and government.

They are organized in both large and small companies.

The company based union utilizes negotiations andlabor-management consultations in the work place toimprove working conditions, to monitor corporateactivities and to provide services to their members.

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Japanese Corporate Strategy Group Orientation

Community Orientation

Internalization of the labor marketEmployees are hired, developed and transferredinternally. Employees also believe that the job they aregiven leads to a career in the long-run. Enterprise-level

unions are very supportive of management, and thismakes possible the sustained growth of the internallabor market.

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Collective Decision Making by Consensus

Lifetime Employment

Comprehensive Welfare Programs

Seniority based pay and promotion

On the job trainingJob rotation

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Employment Relation Strategy Lifetime Employment (shushinkoyo) System

Seniority-based Pay and Promotion System (nenkojoretsu)

Performance Appraisal

Collective Bargaining and Labour-managementConsultations

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Employment Relation Strategy Lifetime Employment (shushinkoyo) System

Salary man

Emerged as a result of labour shortage during post-warperiod

Developed and established at many large and mid-sizedcompanies

On the job training by transferring employees todifferent departments

Emphasizes job security

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Reasons

Internal culture binds employees in a lifetimecommitment.

Training helps new recruits to develop uniquerelationships

Aids in sharing information among employees anddevelop employees' interest in work.

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Employment Relation Strategy Seniority-based Pay and Promotion System (nenko

joretsu) Decisive factors

Length of service Age

Educational background

Aim

Advance an employees career and provide financialcompensation

Make extensive use of non-cash fringe benefits for employees.Merits that an employee has accumulated over the years bycooperating with his colleagues, and also technical and socialability.

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Employment Relation Strategy Performance Appraisal

Done in three ways

6 month evaluation - payment of seasonal allowances

12 month evaluation - annual pay increments

A long-term career assessment - career development within thecompany over ones entire working life.

Important Appraisal Factors

Skills

Enthusiasm

Achievement

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Employment Relation StrategyAppraisal Systems

Skill rank system

Rank promotion and title promotion

Feedback

Recent Trends

MBO

360o

evaluation

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Employment Relation Strategy Collective Bargaining

Enterprise-based unions exercise three important rights:the right to organize, to bargain collectively, and to

strike. Director in charge of personnel with personnel managers

and the union president with union officials.

Reps from national labour centres or government

agencies are not allowed to participate or interfere. Consultations are conducted for formulation of

management policy, production plans and otherpersonnel related issues

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Employment Relation Strategy National Institutions and ER

number of rules and regulations were promulgated toderegulate economy and labour market forces.

Helped to integrate in the globalization process.

Mainly in banking industry

less interest in union for young and part-time workforce

Even the government does not want unions to increasetheir influence.

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Employment Relation Strategy Labour Market and ER

Factors thatll affect future demand and supply ofmanpower

declining population growth rate

increasing number of aging workforce

Lack of interest in manufacturing jobs

Increase work pressure among workers

Increase demand for foreign workforce

Increasing population of NEET and withdrawals(Kikomori).

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Employment Relation Strategy Culture and ER

Familiasm

Sempai-kohai represents respect for senior employees atthe companies.

Risk averting culture has had its influence on creativity,innovativeness, entrepreneurship at the company level.

Increasing individualistic culture

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History of United Kingdoms IR Industrial Revolution

Post World War I

Post Second World War

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Industrial Revolution Industrial revolution hit Uk in the very beginning

Industrialization =>urbanization => miserableconditions in the factories.

Factory Acts (1803) required minimum standards onhours and conditions of working children.

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Initially after French Revolution of 1787 trade unionswere suppressed

The Trade Union Act 1871 and the Conspiracy, andProtection of Property Act 1875 trade unions werelegitimized.

1906 a coalition government composed of the newLabour Party and the Liberals, passed the Trade

Disputes Act 1906 David Lloyd George

Winston Churchill

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Post World War I Whitley Councils extended the Trade Boards Act 1909

system to Joint Industrial Councils that encouraged fairwage agreements,

While the Ministry of Labour actively organized andadvised the growth of trade unions.

In 1926 a General Strike against coal miners' pay cutsparalyzed the country, though was broken by Winston

Churchill, by then the Chancellor of the Exchequer. The Labour Party had formed Parliamentary majorities in

1924 and 1929, but achieved little in the way of reform,particularly after the onset of the Great Depression

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Post Second World War During labour government of Clement Attlee, trade union

membership was well established and collectiveagreements covered over 80 per cent of the workforce

Discrimination in employment was formallyprohibited on grounds of race in 1965 gender in 1975 disability in 1995 sexual orientation religion in 2003 age in 2006 Comprehensive code in the Equality Act 2010

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Post Second World War 1979, Conservative government took a strongly

skeptical policy to labour law and regulation.

During the 1980s ten major Acts gradually reduced theautonomy of trade unions and the legality of industrialaction

The National Minimum Wage Act 1998

The Employment Relations Act 1999

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Workers Participation The right to participate in a firm's management Increasingly the UK is legalizing and codifying its systems of

collective labour relations It is doing this

rights to information Consultation participation in workplace and company affairs

Official trade union has right to call a strike 1980s, there have also been strict requirements to

ballot the workforce Warn the employer before, to not call sympathy strikes, to take only passive action in picketing or protests

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Trade unions In 2008, trade union density

16.1% in the private sector

59% in the public sector

organised both

horizontally and

vertically and with some organising particular occupations,industries, and a few operate in particular companies.

The sole trade union confederation in the UK is the TUC.

TUC does not conclude or have the power to concludecollective agreements at any level.

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Participation Direct participation rights but on a limited legal scope

Direct participation rights in two key areas of workplaceissues, albeit not dismissals or working time.

The Health and Safety at Work Act 1974 section 2 requiresthat workers set up health and safety committees,

The Pensions Act 2004 sections 241-243 state employees mustbe able to elect a minimum of one third of the managementof their occupational schemes, as "member nominated

trustees". Outside these areas, however, participation at work is

limited to information, consultation, collective bargainingand industrial action.

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Information and consultation Companies Act 2006 (section 419) that companies

issue an annual report, which must include details ofhow the business has fulfilled its duties to have regard

to employees Under the Information and Consultation of Employees

Regulations 2004, companies > 50 employees

Must inform their workforce about major economicissues in their enterprise

should consult about major changes, particularlyredundancies.

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Collective bargaining In 2008, the coverage rate of collective agreements in

the UK was 34.6%.

Collective bargaining coverage discrepancy betweenfigures for the public and private sectors

The terms of collective agreements are normallyincorporated into individual contracts of employment

that are then legally enforceable.

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Never extended by legislation, and there are novoluntary mechanisms for the extension of collectiveagreements.

Collective agreements on issues besides pay and

working time are not widespread.While vocational education and training is strong in

some professional and technical sectors, it has beenhistorically weak in others.

Recent attempts have been made to regularisevocational training through National VocationalQualifications,

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Industrial action It is an important topic for regulation in UK labour law

and the primary mechanism to support collectivebargaining in the UK.

Although the right to strike has attained the status,since 1906, of a fundamental human right but there arecertain rules codified in the Trade Union and LabourRelations (Consolidation) Act 1992

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In order for a group of workers to take strike action, theymust, Hold a ballot of the workforce who will go on strike Inform the employer of the timing and duration of the strike Not conduct the industrial action for a purpose unrelated to

terms and conditions of the workers' employment contract Not take industrial action against anyone but the employer of

the affected workers Remain peaceful when conducting picket lines

The consequence for breach of these rules is that a tradeunion will be liable for damages to the employer for thecost of the industrial action, and that an injunction may beissued against the industrial action going ahead.

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Picketing

Picketing is a form of protest in which peoplecongregate outside a place of work or location wherean event is taking place.

Picketers normally endeavour to be non-violent

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In the UK mass picketing was made illegal under theTrade Disputes and Trade Unions Act 1927 after the1926 General Strike

The Trade Union and Labour Relations(Consolidation) Act 1992 gives protection under civillaw for picketers. But they should do it peacefully.

However, many employers have recently taken to

gaining injunctions to limit the effect of picketingoutside their work place.

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Employment Rights and Duties Under Employment Rights Act 1996, is to ensure that

every working person has a minimum charter of rightsin their workplace.

Traditionally it draws a divide between self employedpeople, who are free to contract for any terms theywish, and employees, whose employers are responsiblefor complying with labour laws.

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Employment Rights and Duties A "worker" is entitled

Minimum wage of 5.92 per hour,

28 days of holiday and a formal right to opt out of working

over 48 hours a week, Enrolment in a pension plan

Safe system of work

The right to a written contract of employment,

Time off for pregnancy or child care

Reasonable notice before a fair dismissal and a redundancypayment

The duty to contribute to the National Insurance fund andpay income tax.

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Scope of Protection

Has not consolidated a single statutory definition of thepeople to whom employment rights and duties apply

In the UK an employee has all available rights Themeaning is explicitly left to the common law(EmploymentRights Act 1996 section 230)

Autoclenz Ltd v Belcher Case 2011, brought the definitionof an employment contract in line with that in used in theEU.

It stated that held that An exchange of work for a wage was essential That what the private "true" intentions of the parties wanted

was not as important as the reality, and that bargains tookplace in the context of an unequal bargaining relation.

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Contract of Employment

Its beyond the statutory minimum charter of rights,what are its terms and conditions.

The terms of employment are all those thingspromised to an employee when work begins, so long asthey do not contravene statutory minimum rights.

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In addition to statutory rights, expressly agreed termsand incorporated terms, the contractual hallmark ofthe employment relation is the series of standardizedimplied terms :

Includes the reasonable expectations of the parties.

Employees are bound to follow their employersinstructions while at work, as long as that does notcontravene statute or their agreed terms.

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Health and safety

Employer will provide a "safe system of work Under the Employers Act 1969, employers must take out

insurance for all injury costs The common law of tort defines the type of liability an employer

has where there is scientific uncertainty about the cause of aninjury

Barker v Corus the House of Lords decided Employers would only be liable on a proportionate basis, thus

throwing the risk of employers' insolvency back onto workers.

In 2011, even though a subsidiary company is the direct employerof a worker, a parent company will owe a duty of care. Thus shareholders may not be able to hide behind the corporate

veil to escape their obligations for the health and safety of theworkforce.

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Wages and working time

Since 1998, the fixed a national minimum wage, andsets outer limits on working time for virtually allworkers.

The minimum wage rate is reset annually afterguidance from the Low Pay Commission.

From 1 October 2010: 5.93 for over 21 year olds

4.92 for 18-20 year olds 3.64 for under 18 year olds finished with compulsory

education

2.50 for under 19 year olds or first year apprentices.

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Working Time

Working Time Regulations 1998 set limits on workingtime. It states:

A minimum period of 28 days in paid holidays for all

workers each year

Every worker must receive at least 11 consecutive hoursof rest in a 24 hour period

Can a maximum of 48 hours average per week.

But an employee can "opt out" of the 48 hour week

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Child Care and Time Off

Goes beyond the minimum set by the Pregnant WorkersDirective, is a mix of paid and unpaid maternity leave. Paid maternity leave arises for women employees after 26 weeks

work

The right to unpaid leave has no qualifying period Compulsory leave at the time of child birth for two weeks 6 weeks' leave paid at 90 per cent of ordinary salary. Then is 20

weeks leave paid at a rate set by statute, which was 123.06 per weekin 2010

UK employers are reimbursed by the government when

employees take paid leave for child care. For fathers, the position is less generous

A Women to transfer up to 26 weeks of her leave entitlements to hermale partner

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Flexible Timings

Formulated in 2002.

Applicable beyond the period around child birth

Employees gained the right to request flexible workingpatterns for the purpose of caring for a child under theage of 6 or a disabled child under age 18

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Equality

People should be judged according to the content of their character,and not another irrelevant status, is fundamental to UK.

The Equality Act 2010 reaches beyond employment, into access toprivate and public services.

Equal treatment based on ten major grounds. Combats discrimination based: On gender (including pregnancy), Race Sexuality (including marital status) Belief Disability and age Discrimination against people in atypical work, Minorities, With part time, fixed term or agency work status. Etc

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Discrimination

Forms and Harassment

Direct Indirect

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Direct Discrimination Direct discrimination means treating a person of a protected

trait less favourably than a comparable person who does notshare that trait.

Harassment A person's dignity is violated, or the person is subject to an

intimidating, hostile, degrading, humiliating or offensiveenvironment

Indirect Discrimination

An employer, without an objective justification, applies aneutral rule to all employees, but it puts one group at aparticular disadvantage

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Wrongful dismissal

Depends on construction of the contract

Employee should receive:

One week's notice before dismissal after one month'swork

Two weeks notice after two years' work

So forth up to twelve weeks for twelve years.

The employer can give payment of the weeks' wagesinstead of giving notice.

On breach of contract the employee may claimdamages for the time

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Redundancy

Dismissal because of redundancy is a "fair" reason

Law states:

Redundant employee who has been employed for overtwo years is entitled to one week's wages per year workedif aged between 22 and 40

one and a half weeks' pay if over 40 and half a week'spay if under 22.

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Acts

The Trade Union Act 1871

Legalised the formation of trade unions

The Criminal Law Amendment Act 1871

A punishment of three months' imprisonment,

On any one who attempts to coerce another for tradepurposes by the use of personal violence

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Conspiracy and Protection of Property Act 1875

It held that a trade union could not be prosecuted for actwhich would be legal if conducted by an individual

Trade Disputes Act 1906 The Act declared that unions could not be sued

for damages incurred during a strike.

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Industrial Conflict

The Advisory, Conciliation and Arbitration Service(ACAS) are the main body involved in conciliation andarbitration in the UK

It is an autonomous

Tripartite body established by statute and its task is toimprove industrial relations

The largest part of ACASs work is individualconciliation

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