HUMAN RESOURCE

MANAGEMENT

K.S.PRASAD

CHAPTER - 2

EQUAL OPPORTUNITY

AND

THE LAW

INTRODUCTION

WHAT IS EQUAL EMPLOYMENT OPPORTUNITY

WHAT IS THE LAW

EX: BPO AND ITES [PROBLEM]

LABOUR LEGISLATION IN

INDIA

INTRODUCTION

THE POST LIBERALIZATION ECONOMIC GROWTH OF INDIA AND THE RESULTANT INCREASE IN EFFORTS TO ATTRACT INTERNATIONAL INVESTMENTS INTO THE COUNTRY HAVE INVITED ATTENTION TO THE EXISTING LABOUR LEGISLATION FRAMEWORK IN INDIA.

CONTD..

INDIAN LABOUR LAWS ARE INFLEXIBLE AND OUTDATED AS PER THE REQUIREMENTS OF ECONOMIC GROWTH.

REGIDITIES REMOVED- HIGHER ECONOMIC GROWTH BUT ALSO LABOUR INSECURITY- WHIMS AND WISHES OF EMPLOYERS.

LABOUR LEGISLATION AND CONSTITUTION OF INDIA

THE COI, ROOTED IN THE PRINCIPLES OF DEMOCRACY, SOCIALISM AND SECULARISM HAS ARTICULATED THE BASIC PRINCIPLES THAT FORM THE CORNERSTONE OF INDIAN LABOUR LEGISLATION.

THE SPECIFIC PROVISIONS CONCERNED WITH THE LABOUR AND WORK ARE FOUND IN THE FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY.

CONTD..

ARTICLE 14 – EQUALITY BEFORE LAW ARTICLE 15 – PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION, RACE, SEX CASTE OR PLACE OF BIRTH ARTICLE 16 – EO IN PUBLIC EMPLOYMENT ARTICLE 17 – ABOLITION OF UNTOUCHABILITY ARTICLE 19 – RIGHT TO FREEDOM ARTICLE 21 – RIGHT TO LIFE ARTICLE 23 – PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR ARTICLE 24 – PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES

CONTD…

ARTICLE 38 - THE STATE TO SECURE A SOCIAL ORDER FOR THE PROMOTION OF WELFARE OF PEOPLE. ARTICLE 41 – RIGHT TO WORK, TO EDUCATION AND TO PUBLIC ASSISTANCE IN CERTAIN CASES. ARTICLE 42 - PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK AND MATERNITY RELIEF. ARTICLE 43 – PROVIDES FOR A LIVING WAGE FOR WORKERS

CONTD……

ARTICLE 43A – PARTICIPATION OF WORKERS IN

MANAGEMENT. ARTICLE 45 - PROVIDES FOR COMPULSORY AND

FREE EDUCATION FOR CHILDREN ARTICLE 46 - PROMOTION OF EDUCATIONAL AND

ECONOMIC INTERESTS OF SC/ST/OWS ARTICLE 47 - IT IS THE DUTY OF THE STATE TO

RAISE THE LEVEL OF NUTRITION AND

THE STANDARD OF LIVING AND

IMPROVE PUBLIC HEALTH.

ARTICLES AFFECTING GOVERNMENT EMPLOYMENT

THE GOVT. AND THE ASSOCIATED AGENCIES ARE THE LARGES FORMAL SECTOR EMPLOYERS IN INDIA.

ARTICLE 309 – REFERS TO RECRUITMENT AND CONDITIONS OF SERVICE FOR PEOPLE EMPLOYED BY GOVT. ARTICLE 310 – SPECIFIES THE TENURE OF PERSONS HOLDING THE OFFICE ARTICLE 311 – DISMISSAL,REMOVAL AND DEMOTION OF GOVT. EMPLOYEES

LAWS RELATED TO INDUSTRIAL RELATIONSHIPS

MAINTAINING SMOOTH RELATIONS BETWEEN MANAGEMENT AND LABOUR HAS BEEN ONE OF THE MAIN OBJECTIVES OF INDIAN INDUSTRIAL RELATIONS. LAWS FALLING UNDER THIS DOMAIN ARE MAINLY REGULATIVE IN NATURE- SPECIFY ‘DO’S AND DONT’S

CONTD…

THE TRADE UNION ACT 1926. IT ALLOWS FREEDOM OF ANY SEVEN EMPLOYEES

TO APPLY TO REGISTER A TRADE UNION, LATER AMENDED[2001] MINIMUM MEMBERSHIP AS 10% OF UNIONIZABLE EMPLOYEES OR 100 EMPLOYEES WHICH EVER IS LESS.

IT DOES NOT MAKE REGISTRATION COMPULSORY. REGISTERED TRADER UNIONS RECEIVE

PROTECTION FROM CERTAIN CIVIL AND CRIMINAL ACTIONS.

NO CRITERION FOR RECOGNITION OF TU. BY THE EMPLOYER AS THE REPRESENTATIVE OF EMPLOYEES.

INDUSTRIAL EMPLOYMENT (STANDING ORDER ) ACT - 1946

IT IS REGULATORY IN NATURE AND IS APPLICABLE TO INDUSTRIAL ESTABLISHMENTS UNDER THE JURISDICTION OF CENTRAL AND STATE GOVT.

THIS ACT SERVES TO REDUCE CONFLICT AND ALSO BE A COMMUNICATION MECHANISM BETWEEN MANAGEMENT AND LABOUR.

Industrial Dispute Act - 1947

It is regulatory since it puts restrictions on the direct actions that can be taken by both the parties involved in the industrial dispute.

Different conflict resolutions have been proposed, including works committees, conciliation officers, board of conciliation, court of inquiry, labour courts, tribunal and the national tribunal.

This act also allows the govt. to intervene in the interest of maintaining industrial peace. I t has been amended many times.

Laws related to Wages

1. Payment of Wages Act – 1936 The objective of ensuring payment of

wages to certain groups of employees at regular intervals and without any unauthorized deductions. This act provides relief to the group of employees in case of nonpayment of wages in time.

2. Minimum Wages Act 1928 : it is ensure that a minimum rate of wages is paid to all those who are engaged in wage employment. The State and union govt. are empowered to declare minimum wages for employment categories.

Laws Related to Working hours, Conditions of Services

The Factories Act 1948. Most important legislations covering the

manufacturing sector.This act provides and safegaurds for

workers to protect their health, provides for safety at the workplace, when dealing with machinery, improves the physical conditions of the workplace and provide welfare amenities.

This act also restricts the hours of work, provides for overtime and spread of hours of employment and restriction on employment of women during night hours.

Shops and Commercial Establishment Act 1961 It has enactments from most states of IndiaThe growth of IT / ITES has changed the

scenario due the nature of work.Children and underage people and women

during night hours and lays down the procedure for dismissal, discharge and termination.

Laws Related to Equality and Empowerment of Women

Maternity Benefit Act 1961 Social welfare oriented law at empowering

women, provides security for women employees working in certain est.

Cannot be dismissed/ discharged during the period of pregnancy and for defined periods before and after child birth

Section 5, 4.3, 8, 11, 39

Laws Related to Social Security

The Workmen’s Compensation Act 1923.Purpose of making the employer liable to

pay compensation who are affected by personal injury arising out of accidents.

Partial disablementTotal disablement

Employees State Insurance Act 1948Objective of securing financial relief in

cases of sickness, maternity, funeral and other medical benefits and to their dependents.

Employees Provident Fund and Miscellaneous Provisions Act 1952 contributions from employers and

employees. Objective is to provide monetary

assistance to employees and their families when they are in distress, or unable to meet the family or social obligations.

Payment of Gratuity Act – 1972It provides payment to all employees at the

prescribed rates – 15 days for every year served.

Minimum five years is required.

Sexual Harassment of Women

Supreme Court of India has given guidelines to all organizations regarding this.Sexually determined behaviourA demand or request for sexual favoursPhysical contact and advancesSexually colored remarksShowing pornographyAny other verbal or non verbal conduct of a

sexual nature