Introduction
Week-1Introduction to Industrial Relation &
Law1IntroductionHuman resources is a term used to describe the
individuals who comprise the workforce of an organization, for
example, business sectors or even whole nations.
Human resources is also the name of the function within an
organization charged with the overall responsibility for
implementing strategies and policies relating to the management of
individuals.2The field of human resources management is greatly
influenced and shaped by the country and the laws governing
employment issues. Indeed, regulations and laws govern all aspects
of human resource managementrecruitment, placement, development,
compensation, dispute resolution and many more.
At present time issues of fair pay, holiday, maternity leave,
workplace safety, right to form unions are of paramount importance
in managing the human resources of an organisation.3Industrial
lawWhat is industrial law and relations?Human resources in any
organisation, business or an industry is governed by some rules and
regulations.There are various standardised practices that are
followed in managing the human capital of any organisation.The law
of various country and the social structure provides legal
framework for dealing with employee and labourThus the industrial
law refers to the legal rules that prevail in various industries
found in any country.
4History1926- Trade Union Act, was introduced by British rulers.
The main purpose of the Act was to provide for the registration of
trade unions and in certain respects, define the law relating to
registered trade unions. But the Act did NOT contain any provision
regarding strikes. 1929- Trade Disputes Act was introduced. It had
put restrictions on strikes in public utility services. The Act
provided for the establishment of tribunals to adjudicate upon the
labour disputes
51947- Industrial Disputes Act was introduces. It placed the
conciliation and adjudication machinery for the settlement of
industrial disputes on a permanent footing
1965- The East Pakistan Trade Unions Act was enacted repealing
the Trade Unions Act, 1926. The Act could not facilitate healthy
growth of trade unions as it was more restrictive on the freedom of
association and right to organize
6The period between 1947 and 1969 was thus marked by a host of
repressive laws and witnessed labour agitation and widespread
industrial unrest.1969- Industrial Relations Ordinance which was an
integration of (Labour Disputes Act, 1965) and (Trade Unions Act,
1965) which made provisions for recognition of collective
bargaining agents for establishment or group of establishments. It
was a landmark development in the evolution of collective
bargaining in Bangladesh. Since independence of Bangladesh, no
major development took place in the history of labor legislation
till the enactment of the Bangladesh Labour Act, 2006
78Relationship between management and employees or among
employees and their organization that characterize and grow out of
employment.
Yoder defined IR as a relationship between management and
employees or among employees and their organization, that
characterize and grow out of employment.
According to ILO, IRs deal with either the relationships between
the state and the employers and the workers organization or the
relation between the occupational organizations themselves.
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Causes of IR in Bangladesh10Importance of IR in
Bangladesh11Models of IR12Dunlopian ModelConflict modelSocial
Action ModelThe Human Relations Model
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The major industries of Bangladesh constitutes of 10 sectors.
These are-Agriculture, forestry and fisheriesMining and
quarryingManufacturingElectricity gas and water ConstructionTrade,
hotel and restaurantTransport, storage and communicationFinance and
business services and real estateHealth, education public
administration and defenseCommunity and personal servicesOut of
these industries Construction and Agriculture Industries do NOT
fall under the provisions of Bangladesh labor Law 2006 as the
workers in those industries are considered as INFORMAL WORKERS
14The Labour Law of Bangladesh is a complex and curious mix of
different legislations, regulations and ordinances. Before the
adoption of Labour Act of 2006, there were about 46 laws in force
in Bangladesh encompassing labour and industrial sectors. After the
enactment of the Labour Act, twenty five of the prevailing
enactments stood repealed and were amalgamated.15The labour law of
Bangladesh can be found in various Acts of parliament. The most
recent is the labour law 2006. Apart from that the constitution of
the peoples republic of Bangladesh provides provisions for
fundamental rights and freedoms which is aimed to create a society
free from exploitations. The Fundamental Rights cover, inter alia,
equality before the law; prohibition of discrimination on grounds
of religion, race, caste, sex or place of birth; equality of
opportunity in matters of public employment, protection of rights,
freedom to form assembly and associations etc.16Nature of
organisationsApart from all these historical sources the type of
law or rule that is followed in any particular business also
depends on the nature of the organisation.For industrial relation
purposes organisations are categorised mainly as
UnitaryPluralisticMarxist/Radical1718
UnitaryThe unitarty perspective is based upon the assumption
that the organisation and the members are "one happy family", where
management and other members of the staff all share a common
purpose, emphasizing mutual cooperation and they have a set of
common values, interests and objectives. Furthermore, unitarism has
a paternalistic approach where it demands on all employees loyalty,
being predominantly managerial in its emphasis and
application.19The advantage of a unitary organisation is that it
helps to develop a harmonious relationship throughout the
organisation.It helps to direct all the members towards a common
goal which as a result helps to achieve the overall business
objectives and goals.It helps create employee loyalty and the
management is also expected to be more cooperative towards members
rights and liabilities.20The draw back of a unitary organisation is
that conflict with organisations rules is seen as an irrational
activity thus it tries to supress the members who may react to
company rules.Here trade unions are regarded as unnecessaryAs
members cannot form association it often may hamper fundamental
rights.21Pluralistic organisationIn pluralistic organisations
management and employees are considered to have their own rights
and liabilities. That in one hand the management on the other the
trade union or associations.Good thing is that this kind of
organisations have a more united workforce and can manage their own
conflicts with management through unity.On the other hand there is
the possibility of having disruption in organisational goals and
objectives.22
Marxist/Radical
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HRD Approach24HRD approach recognizes employees as the greatest
assets.Adjust individual to the job environment & enhance their
capabilities.Greatest involvement of employeesIt is believed that
employees are great assets & they can be developed through
incentives, atmosphere & treatment.Integrate human need with
organizational requirements.Proactive & collaborative where
relation matter most and not rules.Facilitation, Teamwork &
Unitarist
ConclusionIndustrial relations is a large and diversified topic.
It encompasses the relation between the human resources primarily
but the interrelation between all the sectors of a country that is
the society, industry and the political factors all play an
important role in determining the rules and laws that prevail in
any given organisation.25
