ERLL UNIT 2 (Complete)

BSA-CET UNIT-II ERLL
Collective Bargaining: Significance, types & procedure of Collective bargaining Discipline: The Industrial
Employment (Standing Orders) Act 1946, Misconduct, Disciplinary Action, Types of Punishments, Code of
Discipline, Domestic Enquiry, Grievance Handling in IR: Grievance Settlement Procedure, Industrial Disputes,
Preventive & Settlement Machinery in India. Employee Participation and Empowerment: Objectives, Employee
Participation, Advantages of Employee Participation, Employee Participation in India, Methods of Participation,
Employee Empowerment. Case Studies
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COLLECTIVE BARGAINING
Collective bargaining is a procedure by which the terms and conditions of workers are regulated by agreements
between their bargaining agents and employers. The basic objective of collective bargaining is to arrive at an
agreement on wages and other conditions of employment.
Both the employer and the representatives of employees may begin the process with different views but ultimately
try to reach a compromise, making some sacrifices. As soon as a compromise is reached, the terms of agreement are
put into operation.
The basic idea of collective bargaining is that the employer and employee relations should not be decided
unilaterally or with the intervention of any third party. In collective bargaining, every attempt is made to arrive at an
agreement that would reflect the joint thinking of management & the representatives of employees.
It is a flexible, collective & cooperative way to resolve disputes in a democratic way that affects both management &
workers.
Collective bargaining does not simply end with arriving at a mutually accepted agreement but both parites must
show their commitment to what has been agreed & implement the agreed terms & condition.
FEATURES OF COLLECTIVE BARGAINING
Some of the important features of collective bargaining are given below-
a. Collective: It is collective in two ways. One is that all the workers collectively bargain for their
common interests and benefits. The other is that workers and management jointly arrive at a
mutually agreed solution through negotiations.
b. Strength: In collective bargaining, the bargaining strength of both parties is equal. It is industrial democracy at
work.
c. Flexible: Collective bargaining parties should have sufficient flexibility. As parties start negotiations with
entirely different views but finally reach at a middle point which is acceptable to both. It is therefore not a one-
way street but a give and take process.
d. Voluntary: Both workers and management starts collective bargaining on voluntary basis. The implementation
of the agreement reached is also a voluntary process.
e. Continuous: Collective bargaining is a continuous process. It does not commence end with reaching at a
mutually agreed agreement. The agreement is only a beginning of collective bargaining. It is a continuous
process which includes implementation of the agreement and also further negotiations.
f. Dynamic: Collective bargaining is a dynamic process because the way agreements are arrived at,
the way they are implemented, the mental make-up of parties involved keeps changing. As a result,
the concept itself changes, grows and expands over time.
g. Power relationship: Workers want to gain the maximum from management, and management
wants to extract the maximum from workers by offering as little as possible. To reach a consensus,
both have to accept less than what is asked for and give more than what is on offer.
h. Representation: In collective bargaining the employer does not deal directly with workers. He carries out
negotiations with representatives of unions who are authorized to bargain with the employer on work-related
matters.
i. Bipartite process: The employers and the employees negotiate the issues directly, face to face
across the table. There is no third party intervention.
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j. Complex: Collective bargaining is a complex process involving a number of procedures, techniques and tools:
preparation for negotiations, timing, selection of negotiators, agenda, tedious negotiations, make up of
agreement, ratification, enforcement etc.
OBJECTIVES OF COLLECTIVE BARGAINING
The main objectives of collective bargaining are given below:
a. To settle disputes/conflicts relating to wages and working conditions.
b. To protect the interests of workers through collective action.
c. To resolve the differences between workers and management through voluntary negotiations and
arrive at a consensus.
d. To avoid third party intervention in matters relating to employment.
TYPES OF BARGAINING
There are four different types of collective bargaining, namely-
1) Conjunctive Bargaining
2) Cooperative Bargaining
3) Productivity Bargaining
4) Composite Bargaining
a. Conjunctive/distributive/bargaining: The parties to bargaining try to maximize their respective gains. They
try to settle economic issues such as wages, benefits, bonus, etc., through a zero-sum game (where my gain is
your loss and your gain is my loss). Unions negotiate for maximum wages. Management wants to yield as little
as possible - while getting things done through workers.
b. Cooperative bargaining: In this type of bargaining both parties try to cooperate with each other. This is done
in conditions like when companies are hit by recession, they cannot offer the kind of wages and benefits
demanded by workers. At the same time they cannot survive without the workers‟ support. Both parties realize
the importance of surviving in such difficult times and are willing to negotiate the terms of employment in a
flexible way.
Labor may accept a cut in wages in return for job security and higher wages when things improve. In India,
companies like TELCO, Ashok Leyland resorted to cooperative bargaining in recent times with a view to
survive the recessionary trends in the automobile sector.
c. Productivity bargaining: In this method, workers' wages and benefits are linked to productivity. A standard
productivity index is finalized through negotiations initially. These index are not high in terms of performance. If
workers are able to exceed the standard productivity norms, they will get substantial benefits. Management gains
control over workplace relations. By this, workers also realizes the importance of raising productivity for
organizational survival and growth.
d. Composite bargaining: It is alleged by workers that productivity bargaining agreements have increased their
workload. Rationalization, introduction of high technology, and tight productivity norms have made the life of a
worker uneasy.
All these steps have started hitting the unions and workers below the belt. As an answer to such problems, labor
has come to favor composite bargaining.
In this method, labor bargains for wages as usual but goes a step further demanding equity in matters relating to
work norms, employment levels, manning standards, environmental hazards, sub-contracting clauses, etc.
When unions negotiate manning standards they ensure the workload of workers does not increase.
By negotiating sub-contracting clauses, unions prevent management from farming out business to ancillaries.
Popular Bargaining Tactics (Sloane and Whitney)

1. Conflict-based: When one party mirrors the other party's actions, this tactic of bargaining is used. Each party is
uncompromising and resists any proposal for compromise or agreement.
2. Armed truce: Each party views the other as an adversary. To reach at an agreement law is followed.

3. Power bargaining: Each party accepts that other party has balance of power. It is of no use to eliminate the
other party in the power relationship.
4. Accommodation: Both parties adjust with each other. Positive compromises, flexibility, and tolerance are used.
5. Cooperation: Each party accepts the other as a full partner. This means at management and the union work
together not only on everyday matters but in such difficult areas as technological change, improvements is
quality of work life, and business decision making.
THE PROCESS OF COLLECTIVE BARGAINING
The following steps are involved in the collective bargaining process-
1) Identification of the problem: The nature of the problem influences whole process of collective bargaining.
Whether the problem is very important that is to be discussed immediately or it can be postponed for some other
convenient time, whether the problem is a minor one or it involves long process of collective bargaining process,
etc.
2) Collection of data: Both labor and management initially spend considerable time collecting relevant data
relating to subject matter of problem for which collective bargaining is about to happen.
3) Selection of negotiators: The success of collective bargaining depends on the skills and knowledge of the
negotiators. Considerable time should be spent for the selection of negotiators with requisite qualifications. The
negotiator should have effective speaking and debating skills.
Effective negotiators should have a working knowledge of trade unions principles, operations, economics,
psychology, and labor laws. They should be good judges of human nature and be able to get along with people
easily. They must know when to listen, when to speak, when to stand their ground, when to concede, and when
to make counter proposals.
4) Climate of negotiations: Both parties must decide an appropriate time and set a proper climate for initial
negotiations. At this stage the parties must determine whether the tone of the negotiations is going to be one of
mutual trust with 'nothing up our sleeves'.
5) Bargaining strategy and tactics: The strategy is the plan and the policies that will be pursued at the
bargaining table. Tactics are the specific action plans taken in the bargaining sessions.
The decision must be taken about the extent to which things can be given to other party & an be taken from
them.
"Take it or leave it" kind of extreme positions would spoil the bargaining and hence parties should avoid
taking such a rigid and inflexible stands.
"Bargaining zone" is the area bounded by the limits within which the union and employees are willing to
concede. If neither party is willing to concede a little bit, negotiations reach a deadlock or impasse, which can
eventually result in a strike on the part of the union or a lockout on the part of management.
6) Formalizing the agreement: When both parties make reasonable effort to arrive at agreement, proposals are
being matched with counter proposals it is known as 'good faith bargaining'.
A formal document must be prepared expressing everything in a simple, clear and concise form, which is known
as agreement. After this, both parties must sign the agreement and abide by its terms and conditions during the
entire term of the contract.
7) Enforcing the Agreement: Signing the agreement is not the end of collective bargaining. But the parties to
collective bargaining must implement the terms & conditions decided in agreement & stick to it.
SIGNIFICANCE OF COLLECTIVE BARGAINING
1) Collective bargaining helps in maintaining peace in industry. As it provides an opportunity to workers &
employers to put forth their views.
2) It helps in settling disputes/conflicts relating to wages and working conditions within a harmonious environment.
3) It provides an opportunity to workers to protect their interest.
4) It helps in bringing workers together & to take stand for themselves.
5) It is useful to resolve the differences between workers and management through voluntary negotiations and
arrive at a consensus.

6) It avoids the intervention of third party in matters relating to employment.
GRIEVANCE
Grievance a feeling of discontent or dissatisfaction. But it must find expression in some form. However, only
discontentment is not a grievance. Initially, the employee may complain orally or in writing. If this is not looked into
promptly, the employee feels a sense of lack of justice. Now the discontent grows and takes the shape of a grievance.
Every employee has certain expectations which he thinks must be fulfilled by the organization, but when the
organization fails to do so, the employee develops a feeling of discontent or dissatisfaction.
When an employee feels that something is unfair in the organization, the employee is said to have a grievance.
Definition-
According to Jucius, "Any discontent or dissatisfaction, whether expressed or not, whether valid or not,
arising out of anything connected with the company which an employee thinks, believes or even feels to be
unfair, unjust or inequitable."
FEATURES OF GRIEVANCE
Some of the important features of grievance are stated below:
1. A grievance refers to any form of discontent or dissatisfaction with any aspect of the
organization.
2. The dissatisfaction must arise out of employment and not due to personal or family problems.
3. The discontent can arise out of real or imaginary reasons. When the employee feels that injustice
has been done to him, he has a grievance. The reasons for such a feeling may be valid or invalid,
legitimate or irrational, justifiable or ridiculous.
4. The discontent may be voiced or unvoiced.
5. Grievance is traceable to perceived non-fulfillment of one's expectations from the organization.
FORMS OF GRIEVANCES
A grievance may take any one of the following forms:
(a) Factual (b) Imaginary (c) Disguised
a. Factual- A factual grievance arises when legitimate needs of employees remain unfulfilled,
e.g.- wage hike has been agreed but not implemented citing various reasons.
b. Imaginary- When an employee's dissatisfaction is not because of any valid reason but because of
a wrong perception, wrong attitude or wrong information he has. Such a situation may create an
imaginary grievance. Though management is not at fault in such cases, still it has to clear the
'fog' immediately.
c. Disguised- An employee may have dissatisfaction for reasons that are unknown to himself. If he/
she is under pressure from family, friends, relatives, neighbors, he/she may reach the work spot
with a heavy heart & if a new recruit gets a new table and Amirah, this may become an eyesore to
other employees who have not been treated likewise previously.
CAUSES TO GRIEVANCE
Grievances may occur for a number of reasons-
a. Economic: Various economic factors like Wage fixation, overtime, bonus, wage revision, etc. may cause
grievance to employees. They may feel that they are paid less when compared to others.
b. Work environment: Poor physical conditions of workplace, tight production norms, defective tools and
equipment, poor quality of materials, unfair rules, lack of recognition, etc.
c. Supervision: Relates to the attitudes of the supervisor towards the employee such as perceived notions of bias,
favoritism, nepotism, caste affiliations, regional feelings, etc.
d. Work group: Employee is unable to adjust with his colleagues; suffers from feelings of neglect, victimization
and becomes an object of ridicule and humiliation, etc.

e. Miscellaneous: These include issues relating to certain violations in respect of promotions, safety methods,
transfer, disciplinary rules, fines, granting leave, medical facilities, etc.
EFFECTS OF GRIEVANCE
Grievances, if not identified and redressed at right time, may adversely affect workers, managers and the
organization as a whole. The effects:
i. On production include:
• Low quality of production.
• Low quantity of production and productivity.
• Increase in the wastage of material.
• Spoilage/breakage of machinery.
• Increase in the cost of production per unit.
ii. On the employees include:
 Increases the rate of absenteeism and turnover.
 Reduces the level of commitment, sincerity and punctuality.
 Increases the incidence of accidents.
 Reduces the level of employee morale,
iii. On the managers:
 Poor superior-subordinate relations.
 Increases the degree of supervision, control and follow up.
 Increases in in-disciplinary cases.
 Increase in unrest and thereby machinery to maintain industrial peace.
NEED FOR A GRIEVANCE PROCEDURE
Grievance affects not only the employees and managers but also the organization as a whole.
In view of its adverse effect, the management has to identify and redress the grievances in a prompt manner. If the
individual grievances are left ignored and unattended, there is a danger that these grievances may result in collective
disputes.
Grievance affects the employee morale adversely. Hence, it is essential to have a proper grievance handling
procedure for the smooth functioning of the organization.
The Discovery of Grievance / How to Identify Grievance
The management can identify grievance by following ways-
a. Observation: In order to identify grievance, a manager can track behavior of employee. If the employee is
showing behavior other than the normal one, manager can ascertain that the employee has some problem & can try
to find out the reason behind it.
If a particular employee is not getting along with people, spoiling materials due to carelessness, showing
indifference to command orders, reporting late for work or is remaining absent
these are the signs of abnormal behavior & presence of grievance.
b. Grievance procedure: A systematic grievance procedure is the best means to highlight employee
dissatisfaction at various levels. Management must encourage employees to use grievance procedure
whenever they have anything to say.
In the absence of such a procedure, grievances get collected within employee & explode in violent forms at a future
date. By that time things might have taken an ugly shape altogether.
c. Gripe boxes: Gripe boxes may be kept at prominent locations in the factory for lodging anonymous
complaints pertaining to any aspect relating to work. Since the complainant don‟t need to reveal his
identity, he can express his feelings of injustice or discontent frankly and without any fear.
d. Open door policy: The manager must develop that kind of work environment in which the employee can
walk-in easily to the manager when he wants to express his feelings about any work-related grievance. The manager
can cross-check details of the complaint through various means at his disposal.

e. Exit interview: Employees usually leave their current jobs due to dissatisfaction or better opportunity outside.
If the manager puts genuine efforts through an exit interview, he might be able to find out the real reasons why the
employee is leaving the organization & prompt actions must be taken to rectify the mistakes.
f. Opinion surveys: Surveys may be conducted periodically to acquire the opinions of employees about the
organization and its policies.
It is better to use as many ways as possible to find out grievances.
ESSENTIAL PRE-REQUISITES OF A GRIEVANCE PROCEDURE
Every organization should have a systematic grievance procedure in order to redress the grievance effectively. To be
sound and effective, the grievance procedure should possess certain pre-requisites-
a. Conformity with statutory provisions: The grievance procedure must be inconsistent with prevailing
legislation. Due consideration must be given for this purpose.
b. Unambiguity: Every aspect & step of the grievance handling procedure should be clearly defined. All
employees should know whom to approach first when they have a grievance, whether the compliant should be
made in writing or orally, the maximum time in which the redressal is assured, etc.
c. Simplicity: The grievance handling procedure should be simple and short. If the procedure is complicated it
may discourage employees and they may fail to make use of it in a proper manner.
d. Promptness: The grievance of the employee should be promptly handled and necessary action must be taken
immediately. This is good for both the employee and management, because if the wrong doer is punished late, it
may affect the morale of other employees as well.
e. Training: The supervisors and the union representatives should be properly trained in all aspects of grievance
handling before staring the use of this procedure or else it will complicate the problem.
f. Follow up: The Personnel Department should keep track of the effectiveness and the functioning of grievance
handling procedure and make necessary changes to improve it from time to time.
STEPS IN THE GRIEVANCE PROCEDURE
1) Identify Grievances: Employee dissatisfaction or grievance should be identified by the management if they
are not expressed. Management has to promptly acknowledge grievances.
2) Define Correctly: The management has to define the problem properly and accurately after it is
identified/acknowledged.
3) Collect Data: Complete information should be collected from all the parties relating to the grievance.
Information should be classified as facts, data, opinions, etc.
4) Analyze And Solve: The information should be analyzed, alternative solutions to the problem should be
developed and the best solution should be selected.
5) Prompt Redressal: The grievance should be redressed by implementing the solution.
6) Implement and Follow Up: Implementation of the solution must be followed up at every stage in order to
ensure effective and speedy implementation.
MODEL GRIEVANCE PROCEDURE
The Model Grievance Procedure (also known as Step-Ladder Approach) was formulated in pursuance to
the Code of discipline adopted by the 16th Session of the Indian Labor Conference in 1958 involves six
successive time-bound steps each leading to the next, in case of dissatisfaction.

1) The aggrieved worker at first time will approach the foreman and tell him of his grievance orally. The foreman
has to redress his grievance and if the worker is not satisfied with this redressal, he can approach the supervisor.
2) The supervisor has to provide an answer within 48 hours. In the event of the supervisor not giving an answer or
the worker is not satisfied with the answer, he can go to the next step.
3) At this step, the worker (either alone or accompanied by his departmental representative) approaches the Head
of the Department who has to give an answer within three days. If the Departmental Head fails to give an
answer or if the worker is not satisfied with his answer, the worker may appeal to the Grievance Committee.
4) Grievance Committee consist of the representatives of the employer and employees. The recommendations of
this Committee should be communicated to the Manager within seven days from the date of the grievance
reaching it. If the decision of committee is unanimous, it shall be implemented by the management.
5) If there is no unanimity, the views of the members of the Committee shall be placed before the manager for his
decision. The manager has to take a decision and inform the worker within three days.
6) The worker can make an appeal against the manager's decision to voluntary arbitration and such an appeal has
to be decided within a week.
DISCIPLINE
Discipline implies orderly behavior. Discipline is a force that makes an individual to comply with rules, regulations,
standards & procedures which are considered necessary for an organization.
Without discipline, it is almost impossible to realize targets, meet deadlines & fulfill promises.
In absence of strict disciplinary measures, employees may be habitually late for work, ignore safety procedures, act
rude to customers etc.
True discipline is not a matter of rules & regulations alone. It is largely educational because it changes
the attitude of the workers toward their work & workplace. Discipline must come from within an
individual.
THREE INTERPRETATIONS OF DISCIPLINE
OR
TYPES OF DISCIPLINE
The term „Discipline‟ has three interpretations-
(1) Negative Discipline
(2) Positive Discipline
(3) Self-Discipline & Control
(1) Negative Discipline-
 Traditionally the word „discipline‟ is used to refer the act of imposing penalties for wrong behavior. If
employees fail to comply with rules, punishment is given to them. The fear of punishment puts the employee
on right track.
 Negative disciplinary action involves techniques such as fine, reprimand, transfer, demotion, lay off etc.
 Negative discipline does not eliminate undesirable behaviors, rather it merely suppresses them for a while.
 It requires constant supervisory attention, resulting in wastage of time and resources.
 Punishments may make an employee to feel hostile and react violently at a future date.
 Management need to be cautious while adopting this pattern of discipline.
(2) Positive Discipline-
 In positive discipline, employees comply with rules not out of fear of punishment but out of an inherent
desire to cooperate with organizational rules and to achieve its goals.
 Positive discipline is a condition of orderliness where employees willingly practice self-control and respect
organizational rules.
 Where the organizational climate is marked by two-way communication, clear goals, effective leadership,
and adequate compensation, employees need not be disciplined in the traditional way.
 There is a conscious cooperative effort on the part of management to secure compliance to company norms
from the employees.
 Positive discipline, according to Spriegel enables an employee, "to have a greater freedom in that he enjoys
a greater degree of self-expression in striving to achieve the group objective, which he identifies as his own."

DIFFERENCE BETWEEN POSITIVE & NEGATIVE DISCIPLINE
Point Negative Discipline Positive Discipline
(1) Concept It is adherence to established norms and It is the creation of a conducive climate
regulations, out of fear of punishment. in an organization so that employees
willingly conform to the established
rules.
(2) Conflict Employees do not perceive the corporate There is no conflict between individual
goals as their own. and organizational goals.
Requires intense supervisory control to Employees exercise self-control to meet

(3) Supervision prevent employees from going off the organizational objectives.
track.
(3) Self-Discipline & Control-
 The third interpretation considers discipline as a constructive way of correcting undesirable behavior of
employees.
 It is a kind of training that "corrects, molds the knowledge, attitudes, behavior or conduct of employee.
 It is used to correct poor employee performance rather than simply as punishment for offence.
 Behavioral scientists view discipline as a self-control to meet organizational objectives.
 This form of discipline is based on two psychological principles-
(a) First, punishment seldom produces desired results. Often, it produces undesirable results.
(b) Second, a self-respecting person tends to be better worker than one who is not".
APPROACHES TO DISCIPLINE
There are two ways to deal with employees who don‟t obey rule or do indisciplinary acts. These ways or approaches
are-
(a) Positive discipline approach
(b) Progressive discipline approach.
(1) Positive Discipline Approach
This approach is based on the philosophy that violations can be corrected without penalty. In this approach, the
focus is on fact-finding and providing guidance to employee to encourage desirable behaviors instead of using
penalties to discourage undesirable behaviors.
There are three steps to positive discipline.
I. An Oral Reminder- In this step, the conference is conducted between the employee and the supervisor. The
purpose of this meeting is to arrive at a solution to the problem through discussion, with oral assurance by the
employee to improve his performance.
If improvement is not made after this first step, the supervisor holds a second conference with the employee to
find why the solution agreed to in the first meeting did not produce results.
II. A Written Reminder- At this stage a written reminder is handed over to the employee. This document details
an agreed solution with an affirmation that improvement is the responsibility of the employee and a condition of
continued employment.
III. A Decision-Making Leave- When both meetings fail to produce the desired results, the employees is given a
paid leave for one day to decide his future in the organization. The employee is expected to come back the next
day with a decision to make a total commitment to improve performance or to quit the organization.
In this approach, the word „WARNING‟ is replaced with the word „REMINDER‟.
(2) Progressive Discipline Approach
In this approach discipline is imposed in a progressive manner, giving an opportunity to the employee to correct
his or her misconduct voluntarily.
In this approach, the type and severity of disciplinary action vary with the type of offence and the
circumstances surrounding it.

Progressive discipline is quite similar to positive discipline in sense that it also uses a number of steps to reach
on final step or action.
However, it differs with positive discipline as in progressive approach, punishment is given in accordance with
misconduct but in positive approach counselling sessions are conducted between employee and supervisor.
The concept of progressive discipline states that penalties must be appropriate to the violation.
RED HOT STOVE RULE

To implement discipline uniformly, a disciplinary procedure should have the characteristics of „Red Hot Stove Rule‟
given by „Douglas McGregor‟. He draws an analogy between touching a hot stove & undergoing discipline.
According to the Red Hot Stove rule, disciplinary action should have the following consequences:
a. Burns immediately: If disciplinary action is to be taken, it must occur immediately so the individual will
understand the reason for it. With the passage of time, people have the tendency to convince themselves that they
are not at fault.
b. Provides warning: It is very important to provide advance warning that punishment will follow unacceptable
behavior. As you move closer to a hot stove, you are warned by its heat that you will be burned if you touch it.
c. Gives consistent punishment: Disciplinary action should also be consistent. Anyone who performs the same
act will be punished accordingly. As with a hot stove, each person who touches it is burned the same.
d. Burns impersonally: Disciplinary action should be impersonal. There are no favorites when this approach is
followed.
DISCIPLINARY ACTION
The disciplinary procedure followed in Indian industries usually consists of the following steps:
1) Issuing a letter of charge:
 When an employee commits an act of misconduct that requires disciplinary action, the employee concerned
should be issued a charge sheet.
 Charges of misconduct or indiscipline should be clearly and precisely stated in the charge sheet.

 The charge sheet should also ask for an explanation for the said misconduct and the employee should be
given sufficient time for answering this.
2) Consideration of explanation:
 After getting answer for the letter of charge served, if the management is satisfied with the explanation
furnished, no disciplinary action is taken.
 On the contrary when the management is not satisfied with the employee's explanation there is a
need for serving a show-cause notice.
3) Show-cause notice:
 Show-cause notice is issued by the manager when he believes that there is sufficient prima facie evidence of
employee's misconduct.
 However, show-cause notice gives another chance to the employee to prove his innocence against the
charges made against him.
 Enquiry should also be initiated by first serving him a notice of enquiry indicating clearly the name of the
enquiring officer, time, date and place of enquiry, etc.
4) Holding of a full-fledged enquiry:
 This must be in conformity with the principle of natural justice, that is, the employee concerned must be
given an opportunity, of being heard.
 When the process of enquiry is over and the findings of the same are recorded, the Enquiry Officer should
suggest the nature of disciplinary action to be taken.
5) Making a final order of punishment:
 Disciplinary action is to be taken when the misconduct of the employee is proved.
 While deciding the nature of disciplinary action, the employee's previous record, effects of disciplinary
action on other employees, etc., have to be considered.
 When the employee feels that the enquiry conducted was not proper and the action taken is unjustified, he
must be given a chance to make an appeal to Labor Court or Tribunals.
6) Follow up: After taking the disciplinary action, a proper follow up action has to be taken and the
consequences of the implementation of disciplinary action should be noted and taken care of.
PRINCIPLE OF NATURAL JUSTICE AND DOMESTIC ENQUIRY

Before taking disciplinary action against a worker, management must hold a domestic enquiry, following the
principles of natural justice.
Principle Of Natural Justice- The principle of natural justice states that no man should be held guilty without
getting an opportunity to explain his point of view.
It states that the worker be given a fair chance:-
 To present evidence of his own choice,
 To cross examine the management's evidence;
 To explain his point of view without any pressure or fear.
Domestic Enquiry-
 The enquiry must be conducted by an impartial person who has full knowledge of the procedures of domestic
enquiry.
 A notice of enquiry has to be issued to the worker, stating the time, date and place of enquiry and the name of the
person holding the enquiry.
 The worker is supposed to come to the place of enquiry with supportive evidence and witness of his choice at the
appointed time and date.
 The charges made by the employer against the employee are explained to the worker.
10 | P a g e By- Ms. Raksha Agrawal

 If the worker agrees with the charges made against him, the enquiry is dropped. If he pleads innocent, the
proceedings continue in the presence of the accused.
 During the course of enquiry, examination and cross examination should be free and proper and all documents
are open to be seen by the parties.
 If the worker does not turn up at the appointed date and time, the proceedings are held ex-parte.
 The findings of the enquiry are then conveyed to management in writing.
 Before taking any punitive action, management should keep in view the gravity or intensity or depth of
misconduct. The punishment awarded should not be out of proportion to the misconduct of the employee.
 The order of punishment has to be handed over to the worker immediately.
 If the punishment does not seem to be fair, the worker can go to the labor court or industrial tribunal.
TYPES OF PUNISHMENT
Depending on the gravity of misconduct, management may initiate the following punitive actions or punishments
against the employee who is found guilty:
(i) Dismissal; (ii) Discharge; (iii) Discharge simpliciter;
(iv) Suspension; (v) Demotion to a lower grade;
(vi) With-holding of increments; (vii) fine; and (viii) warning/censure.
Suspension, Discharge or Dismissal may be classified as major punishments, while Minor offences like late
coming, sleeping while at work, smoking in prohibited places, etc., invites minor punishments like a fine, warning
or censure are regarded.
In establishments where the Industrial Employment (Standing order) Act is applicable, the employer can award only
those punishments which are mentioned in the Standing Orders.
(a) Dismissal- Before dismissing an employee, the employer has to hold disciplinary proceedings (domestic
enquiry) in a proper way. If the employee found guilty, he may dismiss the employee.
Dismissal is done for some serious misconduct done by employee like theft, fraud, leaking confidential
information of organization etc.
A person who is dismissed from service may find it difficult to find alternative employment. In dismissal,
services are terminated immediately & the dues payable to the employee may be withhold.
(b) Discharge- In case of discharge, the employee may be served an advance notice & the dues payable to
employee are usually settled simultaneously. A person who is discharged from service may not find any
difficulty to find alternative employment.
(c) Discharge simplicitor- Termination of an employees' services because of loss of confidence and trust in
employee. It does not carry the sign or stigma of misconduct.
(d) Suspension- Suspension means prohibiting an employee from attending work, preventing him from discharging
the duties assigned to him and withholding the wages payable to him. Suspension does not imply termination of
services of an employee. It only means denial of work to him.
When the act of misconduct of an employee is considered serious, he is suspended (called as procedural
suspension) and an enquiry is ordered to find out whether he is really guilty or not.
Sometimes the employee may be suspended, even before issuing a charge-sheet so as to prevent him from
tampering with the records of the organization. The employer is obliged to pay a subsistence allowance as per
Industrial Employment (Standing Order) Act 1946.
(e) Demotion- The employee is placed on a job which is lower graded job than his present job. Demotion may be
extremely humiliating for the delinquent employee.
(f) With-holding of Increments- In this form of punishment, the promotion or monetary increments, which were
about to be given to employee, are put on hold. Loss of increment has an element of shame attached to it.
(g) Fines- Fine is a monetary value which is deducted from the salary of employee as punishment. The fine may hit
the take-home-pay of the employee,
(h) Oral warnings, written censure- These all aim at preventing the employee from going off the track.
Warnings may be entered in his personal record.

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946
Objectives of the Act
1)This act aims at defining the 'service conditions' or 'service rules' which means condition of employment for the
workmen.
2) If workmen does any act which is defined as misconduct under the standing orders, it also aims at providing
punishments to him/her in a disciplinary action.
3) It aims at maintaining harmonious relationship between the employers and employees.
4) The Act provides statutory importance to standing order.
5) The Act aims at minimizing workers exploitation by making them familiar with the employment's terms and
conditions.
6) It establishes uniform standing orders for working relationship, workers and factories.
7) It promotes fair industrial practices for maintaining industrial peace and harmony.
Short Title, Scope & Commencement [Section 1]
1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946.
2) It extends to the whole of India.
3) It applies to every industrial establishment which employs on any day 100 or more workmen is required to adopt
a standing order specifying the conditions of employment of its workers.
4) It came into force on 23rd April, 1946.
Act not Apply to Certain Industrial Establishments [Section 13-B]
The Act does not apply to the following industrial establishments in so far as the workmen employed therein are
persons to whom any of the following Rules or code applies:
1) Fundamental and Supplementary Rules,
2) Civil Services (Temporary Services) Rules,
3) Civil Services (Classification Control and Appeal) Rules,
4) Revised Leave Rules,
5) Civil Services Regulations,
6) Civilians in Defense Services (Classification Control & Appeal) Rules,
7) Indian Railway Establishment Code, or
8) Any other rules or regulations that may be notified in this behalf by the Appropriate Government in the Official
Gazette.
Definitions [Section 2]
1) Appellate Authority [Section 2(a)]: "Appellate Authority" means an authority appointed by the Appropriate
Government by notification in the Official Gazette to exercise the functions of an appellate authority under the
Act. The area of the appellate authority may be specified in the notification; provided that in relation to an appeal
pending before an Industrial Court or other authority immediately before the commencement of the Industrial
Employment (Standing Orders) (Amendment) Act, 1963, that Court or authority shall be deemed to be the
appellate authority.
2) Appropriate Government [Section 2(b)]: "Appropriate Government" means in respect of industrial
establishments under the control of the Central Government or a railway administration or in a major port, mine
or oil-field, the Central Government. In all other cases, Appropriate Government means the State Government.
3) Certifying Officer [Section 2(c)]: "Certifying Officer" means a Labor Commissioner, or a Regional Labor
Commissioner, and includes any other officer appointed by the Appropriate Government, by notification in the
Official Gazette, to perform all or any of the functions of a Certifying Officer under the Act.
4) Employer [Section 2(d)]: "Employer" means the owner of an industrial establishment to which this Act for the
time being applies, and includes:
i) In a factory, any person named under Section 7 of the Factories Act, 1948, as manager of the factory;
ii) In any industrial establishment under the control of any department of any Government in India, the authority
appointed by such Government in this behalf, or where no authority is so appointed, the head of the
department;

iii) In any other industrial establishment, any person responsible to the owner for the supervision and control of
the industrial establishment.
5) Industrial Establishment [Section 2(e)]: It has been defined under Section 2(e) to mean:
i) An industrial establishment as defined in clause (ii) of Section 2 of the Payment of Wages Act, '1936, or
ii) A factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or
iii) A railway as defined in clause (4) of Section 2 of the Indian Railways Act, 1890, or
iv) The establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial
establishments, employs workmen.
The expression "Industrial establishment" refers different enactments and indicates that industrial establishment
means the premises, which are subject to the provisions of enactments referred to therein.
6) Standing Orders [Section 2(g)]: It means rules relating to matters set-out in the schedule. Matter to be
provided in Standing Orders The standing orders shall have to provide for the conditions of employment in respect
of the following matters specified in the Schedule to the Act:
i) Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers or badlis.
ii) Manner of intimating to workmen periods and hours of work, holidays, paydays and wage rates.
iii) Shift working.
iv) Attendance and late corning.
v) Conditions of, procedure in applying for, and the authority, which may grant leave and holidays.
vi) Requirement to enter premises by certain gates & liability to search.
vii) Closing the reopening of sections of the industrial establishment and temporary stoppages of work and the rights
and liabilities of the employer and workmen arising there from.
viii) Termination of employment and the notice thereof to be given by employer and workmen.
ix) Suspension or dismissal for misconduct and acts or omissions, which constitute misconduct.
x) Means of redress for workmen against unfair treatment or wrongful exactions by employer or his agents or
servants.
xi) Any other matter, which may be prescribed.
7) Trade Union [Section 2(h)]: It means a trade union for the time being registered under the Trade Unions Act,
1926.
8) Wages and Workman [Section 2(i)]: Wages and workmen have the meanings respectively assigned to them
in section 2(rr) and section 2(s) of the Industrial Disputes Act, 1947.
Procedure for Approval of Standing Orders
Procedure for Submission of Draft Standing Orders [Section 3]
Section 3 of the Act contains following rules in regard to submission of draft standing orders:
1) Within six months from the date on which this Act becomes applicable to an industrial establishment, the
employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for
adoption in his industrial establishment.
2) Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the
industrial establishment and where model standing orders have been prescribed, shall be, so far as is practicable,
in conformity with such model.
3) The draft standing orders submitted under this section shall be accompanied by a statement giving prescribed
particulars of the workmen employed in the industrial establishment including the name of the trade union, if
any, to which they belong.
4) Subject to such conditions as may be prescribed, a group of employers in similar industrial establishments may
submit a joint draft of standing orders under this section.
Conditions for Certification of Standing Orders [Section 4]

The standing orders are to be certified by the Certifying Officer under certain conditions. Section 4 of the Act lays
down that standing orders shall be certifiable under this Act under the following conditions:
1) If provision is made therein for every matter set out in the schedule which is applicable to the Industrial
Establishment; and

2) If the standing orders are otherwise in conformity with the provisions of this Act and it shall be the function of
the Certifying Officer or appellate authority to adjudicate upon the fairness or reasonableness of the provisions of
any standing orders.
Procedure for Certification of Standing Orders (Procedure for Adoption) [Section 5]
1) The Certifying Officer after receipt of the draft standing orders from the employer shall forward a copy of the
draft standing orders to the recognized trade union of the establishment seeking submission of objection to the
draft standing orders if any.
2) After giving an opportunity to the employer and the trade union or the workers' representative, the Certifying
Officer certifies the draft standing orders alter making any modifications/additions in the draft standing orders on
consideration of the representations made by the workmen and employers.
3) The standing orders come into operation on the expiry of 30 days from the date on which the authenticated
copies of the standing orders are forwarded to the employer and the workmen by the certifying of officer.
4) These standing orders contain the conditions of employment, which will be binding on the employer and the
workmen from the date when they become operational.
5) Any modifications to the certified standing orders can be effected with the agreement of the employer and the
workmen only after an agreement to that effect is filed with the Certifying Officer and such modification is taken
on record by the Certifying Officer.
6) Until the Certifying Officer duly certifies the standing orders of a particular industrial establishment, the model
standing orders published under the Act will automatically become applicable to every industrial establishment.
Appeals [Section 6]
1) Any employer, workman, Trade Union or other prescribed representatives of the workmen aggrieved by the
order of the Certifying Officer may, within 30 days from the date on which copies of the draft standing orders
are sent; appeal to the Appellate Authority whose decision thereon shall be final.
The Appellate Authority shall by order in writing confirm the standing orders either in the form certified by the
Certifying Officer or after amending standing orders by making such modifications as it thinks necessary to
render the standing orders certifiable under this Act.
2) The Appellate Authority shall within seven days of its order under sub-section (1), send copies of the draft
standing order to the Certifying Officer, employer, Trade Union or other prescribed representatives of the
workmen.
In cases the Appellate Authority makes any modification in the draft standing order, it shall send a copy of the
amended standing order along with his order. But no such copy needs to be sent by him if no modification has
been made by him in the draft standing order.
Date of Operation of Standing Orders [Section 7]

Standing orders shall, unless an appeal is preferred under section 6, come into operation on the expiry of thirty days
from the date on which authenticated copies thereof are sent.
Where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of
the appellate authority are sent under sub-section (2) of section 6.
Register of Standing Orders [Section 8]
A copy of all standing orders as finally certified under Act shall be filed by the Certifying Officer in a register in the
prescribed form maintained for the purpose. The Certifying Officer shall furnish a copy thereof to any person
applying thereof on payment of the prescribed fee.
Posting of Standing Orders [Section 9]
A copy of certified standing order must be posted by the employer in English and in the language understood by the
majority of the workmen on special boards maintained for the purpose; At or near the entrance through which the
majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are
employed.
Modification of Standing Orders [Section 10]
Standing orders finally certified under the Act shall not, except on agreement between the employers and the
workmen or a trade union or other representative body of the workmen, be liable to modification until the expiry of
six months from the date on which the standing orders or the last modifications thereof came into operation.

Most important- Payment of Subsistence Allowance [Section 10-A]
1) Where any workmen is suspended by the employer pending investigation or inquiry into complaints or charge of
misconduct against him, the employer shall pay to such workman subsistence allowance:
a) At the rate of fifty per cent of the wages which the workman was entitled to immediately preceding the date
of such suspension, for the first ninety days of suspension; and
b) At the rate of seventy-five per cent of such wages for the remaining period of suspension if the delay in the
completion of disciplinary proceedings against such workman is not directly attributable to the conduct of
such workman.
2) If any dispute arises regarding the subsistence allowance payable to a workman under subsection (1) the
workman or the employer concerned may refer the dispute to the Labour Court, constituted under the Industrial
Disputes Act, 1947.
Enforcement of the Act

Power of Certifying Officers [Section 11(1)]
Every Certifying Officer and appellate authority shall have all the powers of a Civil Court for the purposes of:
1) Receiving evidence,
2) Administering oaths,
3) Enforcing the attendance of witnesses, and
4) Compelling the discovery and production of documents.
Correction of Clerical or Arithmetical Mistakes [Section 11(2)]
Clerical or arithmetical mistakes in any order passed by a Certifying Officer or appellate authority, or errors arising
therein from any accidental slip, or omission may, at any time, be corrected by that Officer or authority or the
successor in office of such Officer or authority, as the case may be.
Penalties for Offences and Procedure [Section 13]- It contains following provisions in this regard:
1) An employer who fails to submit draft standing orders as required by Section 3 or who modified his standing
orders otherwise than in accordance with Section 10, shall be punishable with fine which may extend to five
thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred
rupees for every day.
2) An employer who does any act in contravention of the standing orders finally certified under this Act for
industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case
of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first
during which the offence continues.
3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction
of the Appropriate Government.
4) No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the Second Class shall try any
offence under this section.
CODE OF DISCIPLINE
To maintain harmonious relations and promote industrial peace, a Code of Discipline has been laid down by Indian
Labor Conference in Delhi on July 1957. It applies to both public and private sector enterprises. It specifies various
obligations for the management and the workers with the objective of promoting cooperation between their
representatives.
The basic objectives of Code of Discipline are to:

1) Maintain peace and order in industry.
2) Promote constructive criticism at all levels of management and employment.
3) Avoid work stoppage in industry.
4) Secure the settlement of disputes and grievances by a mutually agreed procedure.
5) Avoiding litigation.
6) Facilitate a free growth of trade unions.

7) Eliminate all forms of coercion, intimidation and violations of rules and regulations governing industrial
relations.
The Code is based on the following principles:

1) There should be no strike or lockout without prior notice.
2) No unilateral action should be taken in connection with any industrial matter.
3) Employees should follow go slow tactic.
4) No deliberate damage should be caused to a plant or property
5) Acts of violations, intimidation and coercion should not be resorted
6) The existing machinery for the settlement of disputes should be utilized.
7) Actions that disturb cordial relationships should be avoided.
To ensure better discipline in industry, management and unions agree on not indulging into various actions. These
actions can be summarized as follows:
Actions having Mutual Agreement of Management and Union:

1) That there should be no strike or lock-out without prior notice.
2) That no unilateral action should be taken in connection with any industrial matter and that should be settled at
appropriate level.
3) That they will avoid litigation, sit-down and stay-in strikes and lock-outs
4) That neither party will have recourse to coercion, intimidation, victimization or go -slow tactics.
5) That the existing machinery for settlement of disputes should be utilized with the utmost efficiency.
6) That they will formulate a mutually agreed grievance procedure which will ensure a speedy, fair and
comprehensive investigation leading to a time bound settlement.
7) That they will abide by the various stages in the grievance procedure and take no arbitrary action which would
by-pass this procedure
8) That they will promote constructive co-operation between their representatives at all levels and as between
workers themselves
Actions Agreed to by the Management:

1) Not to increase workloads unless agreed upon or settled otherwise.
2) Not to support or encourage any unfair labor practice such as discrimination and victimization of any employee.
3) To take prompt action for settlement of grievances and implementation of settlements, awards, decision and
orders.
4) To take appropriate disciplinary action against its officers and members in cases enquiries reveal that they were
responsible for precipitate action by workers leading to indiscipline
Actions Agreed to by the Union:

1) Abstain from resorting to violent demonstrations.
2) Not to engage in any form of physical duress.
3) To discourage unfair labor practices such as negligence of duty, damage to property and insubordination.
4) To take prompt action to implement awards, agreements, settlements and decisions.
5) Abstain from instigating the employees to engage in any union activity during working hours.
Provisions in the Code of Discipline:

All central organizations of employees and workers have voluntarily accepted the „Code of Discipline‟ applicable in
Indian Industry. This code of Discipline applied both to the public as well as the Private sector.
According to the Code of Discipline, it is Mandatory:

(i) To lay down a regular grievance procedure in every organization.

(ii) Each grievance should be promptly redressed by legal means and through the normal channels. There should be
no direct, arbitrary or unilateral action on either party.
(iii)To avoid litigation, lock-outs and strikes (sit-down and stay in) intimidation, victimization or delaying tactics
should be avoided.
(iv) Unfair practices like negligence of duty, damage to property and physical stress should be discouraged.
(v) Management should give workers the freedom to form trade unions.
(vi) Management should promptly implement awards, agreements, settlements and policy decisions.
(vii) The trade unions should function in a democratic fashion and discourage violence, communalism,
provincialism, intimidation or personal deformation in inter-union dealings.
Machinery for implementation and evaluation has been set up at the center and state level to ensure that the
obligations outlined in laws, agreements and the code of Discipline are observed by both management as well as
labor.
MISCONDUCT or INDISCIPLINE
Misconduct is violation of established rules and procedures. It is an act which threatens of the organization. It is a
serious form of indiscipline against the management.
The different forms of misconduct or indiscipline may include-
1) Inconsistent behavior of an employee & deviation from standard behavior.
2) Unsafe behavior of the employee.
3) Immoral actions of the employee.
4) Negligent behavior of employee towards his duties
5) Abusive behavior of employee etc.
Common Disciplinary Problems
Attendance-related problem
• Unexcused absence
• Chronic absenteeism
• Leaving without permission
• Excessive tardiness
Dishonesty and related problems
• Theft, unsafe acts
• Falsifying employment application
• Willfully damaging factory assets
• Falsifying work records
Performance related problems
• Failure to complete assigned work
• Producing substandard products
• Failure to meet production norms
Off the Job behavior problems
• Insubordination
• Smoking
• Fighting with colleagues
• Gambling, betting
• Carelessness
• Sleeping while at work
• Using abusive language against supervisors
• Sexual harassment
• Accepting bribes, gifts
CAUSES OF INDISCIPLINE or MISCONDUCT

The common causes of indiscipline are:
(1) Absence of effective leadership- Absence of effective leadership results in poor management in the areas of
direction, guidance, instructions, etc. This, in turn, leads to indiscipline.
(2) Unfair management practices- Management sometimes involved in unfair practices like discrimination,
non-compliance with promotional policies and transfer policies, discrimination in allotment of work, defective
handling of grievances, payment of low wages, delay in payment of wages, creating low quality work life, etc.
These unfair management practices gradually result in indiscipline.
(3) Communication barriers: Proper mode of communication leads to clarity in mutual understanding.
Communication barriers along with absence of upward communication results in frustration and leads to
indiscipline.
(4) Non-uniform disciplinary action: Management has to treat all cases of indiscipline in a fair and equitable
way. If management undertake disciplinary actions in a discriminating way, leading to violent protests.
(5) Divide and rule policy: Managers may often divide the employees into groups, get the information from
different groups about others and encourage the spying activity. Henri Fayol pointed out that dividing enemy
forces to weaken them is clever, but dividing one's own team is a grave sin against the business. Building a
team is highly difficult when compared to dividing the team. Dividing the team results in indiscipline.
(6) Inadequate attention to personnel problems and delay in solving personnel problems creates
frustration among individual workers.
(7) Victimization and excessive pressure on the work of the subordinate may also lead to indiscipline.
INDUSTRIAL DISPUTE
According to Section 2(k) of Industrial Dispute Act 1947, “Industrial Dispute” means any dispute or difference
between:
1) Employers & employers
2) Employers & Workmen, or
3) Workmen & Workmen, which is connected with
(i) The employment or Non-employment
(ii) The terms of employment, or
(iii)The condition of labor.
Types of Industrial Dispute
Industrial dispute can be classified as follows-
1) Interest Dispute- It refers to the dispute related to the determination of new wage level & other condition of
employment.
2) Rights Dispute- when the workers have not been treated in accordance with the rules, laws & regulations, as
per individual contract of employment & as per collective bargaining agreement. Such disputes are also called as
Grievance Disputes.
3) Recognition Dispute- These disputes arises when the management of an undertaking or employer‟s
organization refuses to recognize a trade union for the purpose of collective bargaining.
4) Disputes over Unfair Labor Practices- when management practices unfair labor practices, it results in
dissatisfaction & frustration among workers. The dispute which arise because of unfair labor practices exercised
by management comes under this category. Some examples of unfair labor practices are- Restrain or
coercion of employees when they exercise their right to organize, join or assist a union, management refuses to
collective bargaining, discriminate among workers on the ground of workers‟ membership to trade union.
Causes of Industrial Disputes

1. Employment: Employment related causes includes disputes over wages, allowances, bonus, benefits, working
conditions, unjust dismissals, retrenchment of workers, methods of job evaluation, changes in methods of
production, non-implementation of awards of tribunals, etc.
2. Nationalization: Workers protested against the introduction of rationalization, automation, computerization
(e.g.. Bank unions oppose this move even now) on various occasions, fearing large scale retrenchment

3. Administration-related causes: These pertain to ill-treatment, undeserved punishment, verbal abuse,
physical assaults, etc.
4. Recognition: Disputes arose when employers railed to recognize a union as a bargaining agent.
5. Sympathetic strikes: Workers struck work in one plant/industry when they wanted to exhibit their solidarity
with striking workers from another plant or industry.
6. Psychological/social causes: On occasion, family, friends, community, environmental pressures and concerns
also instigated the workers to take to the streets.
7. Institutional causes: Disputes arose on account of institutional factors such as: recognition of unions,
membership of unions, scope of collective bargaining, unfair practices.
8. Political causes: Political leaders have used unions as powerful weapons to build tensions inside a
plant/industry with a view to satisfy their own private ends on a number of occasions, especially in union.
Preventive & Settlement Machinery in India

Following Preventive & Settlement Machineries are exist in India-
VOLUNTARY METHODS- These methods are also known as „Preventive Machineries‟ to Industrial Disputes.
1) Collective Bargaining
2) Trade union
3) Joint Consultation
4) Standing orders
5) Grievance Procedure
6) Code of Discipline
STATUTORY METHODS- These methods are also known as „Settlement Machineries‟ to Industrial Disputes.
1) Works Committee
2) Conciliation- a) Conciliation Officer b) Board of Conciliation c) Court of Inquiry
3) Arbitration
4) Adjudication- a) Labor Court b) Industrial Tribunals c) National Tribunals
VOLUNTARY METHODS-
1) Collective Bargaining- It is process by which employer & employee try to arrive at appoint from their
divergent opinions. It may begin with different views employees & employer but ultimately try to reach a
compromise, making some sacrifices. As soon as a compromise is reached, the terms of agreement are put into
operation.
2) Trade union- Through trade union workers try to put their issues in front of management & also try to settle
this issues through collective bargaining. A trade union, also called labor union, is an association of workers in
a particular trade, industry, or company who have come together to achieve common goals such as improving
safety standards, working conditions and attaining better wages, benefits (such as vacation, health care, and
retirement), and working conditions through collective bargaining.
3) Joint Consultation- To prevent industrial dispute, two ways of joint consultations are adopted-
a) Works Committee- In any industrial establishment, where 100 or more workers are employed or have been
employed on any day of preceding 12 months, the appropriate government may, by general or special order,
require the employer to constitute a works committee. It constitute the equal number of representatives of
employer & employee. It shall promote the measures for securing & promoting good relation between
employer & employee.
b) Joint Management Council- It consists of the representatives of management, technicians & workers. Its main
features are-
 It is voluntary, not obligatory.
 It should consist of equal number of representatives of workers & employers (minimum 6 and maximum 12).
 Decision of JMCs should be unanimous & should be implemented without any delay.
 It should not encroach the jurisdiction of works committees.

4) Standing Orders- It refers to the rules & regulations which governs the condition of employment of workers.
Standing orders specifies the duties & responsibilities of both employer & employees. It paves the way for
industrial peace & harmony.
5) Grievance Procedure- Grievance is any dissatisfaction or discontentment related with any aspect of
organization that an employee have & when such dissatisfaction remains unattended, it takes form of grievance.
This grievance in future may prove to be dangerous for industrial peace & harmony & may lead to industrial
dispute. By adopting grievance procedure, employer provide a mechanism for identification & settlement of
grievance.
6) Code of Discipline- To maintain harmonious relations and promote industrial peace, a Code of Discipline has
been laid down by Indian Labor Conference in Delhi on July 1957. It applies to both public and private sector
enterprises. It specifies various obligations for the management and the workers with the objective of promoting
cooperation between their representatives.
STATUTORY METHODS-
1) Works Committee- In any industrial establishment, where 100 or more workers are employed or have been
employed on any day of preceding 12 months, the appropriate government may, by general or special order,
require the employer to constitute a works committee. It constitute the equal number of representatives of
employer & employee. It shall promote the measures for securing & promoting good relation between employer
& employee.
2) Conciliation- It involves two machineries – a) Conciliation Officer b) Board of Conciliation
a) Conciliation Officer- The central & state government can appoint conciliation officer to mediate in all
disputes. The appropriate government may appoint such number of persons as it thinks fit to be conciliation
officer either for a specified area or for specified industries in a specified area. Conciliation officer enjoys the
power of civil court & he is expected to give judgement within 14 days of the commencement of conciliation
proceedings. His judgement is binding on all parties to dispute.
b) Board of Conciliation- it is not a permanent institution like the conciliation officer. It is an ad-hoc, tripartite
body having the powers of civil court. It consist of a chairman (who is appointed by appropriate government) &
2 or 4 other members nominated in equal numbers by the parties to dispute. It can take only those disputes which
are referred by the appropriate government. This board need to submit its report within 2 months from the date
on which dispute is referred to it.
c) Court of Enquiry- it is constituted by appropriate government as fact finding machinery. It investigates the
dispute & submit its report within 6 months. It is merely a fact-finding machinery & its findings are not binding
on the parties to dispute. It may constitute one independent person or such number of person as appropriate
government thinks fit. Where such court consists of 2 or more members, one of them is appointed as chairman.
3) Arbitration- When conciliation proceedings fail to settle dispute, parties approach to voluntary arbitration.
Arbitrator is a third party who is appointed by the parties themselves. He listens to the viewpoint of both parties
& delivers an award or judgement on the dispute. He does not enjoys any judicial power. The arbitrator submits
his judgement on industrial dispute to the government. Thereafter the government publishes the award within 30
days of its submission & the award become enforceable after 30 days of its publication. Now it becomes binding
on all parties.
4) Adjudication- Adjudication or compulsory arbitration is the ultimate remedy for the settlement of dispute in
India. Adjudication refers to settling dispute through intervention of third party appointed by the government. It
includes-
a) Labour Court- Appropriate government may appoint labour courts in any number. This court has the
power of civil court & may settle the dispute on those matters which are specified in schedule 2 of Industrial
Dispute Act 1947. Labour court consists of one independent member who is called as presiding officer. The
appropriate government may appoint maximum 2 assessor to advice presiding officer in the proceeding.
A person shall not be qualified to be appointed as Presiding Officer unless-
(i) He is or has been a judge of high court.

(ii) He has been the judge of district court or additional district court for not less than 3 years.
(iii)He has held any judicial office in India for not less than 7 years.
(iv) He has been presiding officer of Labour Court constituted under provincial act or state act for a period not less
than 5 years
b) Industrial Tribunals- Appropriate government may appoint Industrial Tribunals in any number. It has the
power of civil court. Industrial Tribunals consist of one independent member who is called as presiding officer
The appropriate government may appoint maximum 2 assessor to advice presiding officer in the proceeding.
(i) He is or has been a judge of high court.
(ii) He has been the judge of district court or additional district court for not less than 3 years.
c) National Tribunal- The central government may constitute national tribunal to settle those disputes which are
of national importance or the industrial establishment in which dispute arise is located in more than one state. It
has the power of civil court. National Tribunals consist of one independent member who is called as presiding
officer The appropriate government may appoint maximum 2 assessor to advice presiding officer in the
proceeding.
(i) He is not below the rank of High court judge.
(ii) His age is not below of 65 years
EMPLOYEE PARTICIPATION
Workers participation in management is a approach which involves participation & interaction of all stakeholders to
achieve mutually agreed objectives.
Through workers‟ participation in management, workers get opportunity to participate in decision-making process,
thereby enhancing their status & exercising their control over the organizational decisions.
Workers participation in management may protect the interests of both parties. But more than this protection,
participation is a system which prevents exploitations and provides equity and fairness. This requires great
awareness, education and conceptual skill from both the parties, to make WPM, a success.
According to International institute for Labor Studies, “WPM is the participation resulting from practices
which increases the scope for employees’ share of influence in decision-making at different tiers of
organizational hierarchy with assumption of responsibility”.
According to Clegg, “Participation implies a situation where workers representatives are, to some extent,
involved in the process of management decision-making, but where the ultimate power is in the hands of
the management”.
OBJECTIVES OF WPM
Objectives of WPM are as follows-
1. To enlighten and involve workers to know better about their role in achieving the organizational objectives.
2. To know about importance of productivity and quality aspects in sustainability and growth of the organization.
3. To help in improving the supervisor-worker relations and management union relations.
4. To involve workers in matter related with safety and environment care.
5. To assist in team building and HRD activities.
6. To develop a culture of self-involvement to reduce vigilant supervision.
7. To improve employee pride, morale and integrity.
Level of Participation
Mhetras (1966) while reviewing the progress of joint management councils of thirteen enterprise belonging to
different industries spread over in eight states identified five levels of participation, which are mentioned below-
(a) Informative Participation

This is merely information sharing with regarding economic position of the firms, state of market, production
and sales program, work methods, balance sheet, expansion plans etc. Here the workers have no right to
scrutinize the information provided by management.
(b) Consultative Participation
Here workers are consulted on such aspects like welfare, work methods, safety programs. Worker‟s body or joint
councils can make recommendation. It is left to management to accept the recommendations or not.
In other words, this involves a higher degree of sharing of views of the workers and giving them a chance to
express their view on various issues concerning work, workplace, working conditions, financial status, etc. Here
the joint council of workers and management works as an advisory body-only. Management may of not accept
the suggestions
(c) Associative Participation
Here, the council is not purely advisory. The management is under moral obligation to accept & implement the
unanimous decisions of council.
(d) Administrative Participation
Here there is a greater degree of sharing authority and responsibility of managerial work, allowing workers a
little more autonomy in exercising administrative and supervisory powers in respect of welfare, safety, benefits,
rewards, etc.
(e) Decisive Participation
This is highest form of participation where decisions are taken jointly by management and workers on matter
relating to production, safety, welfare etc.
ADVANTAGES OF WORKERS PARTICIPATION
1) Participation has a Tonic Effect on psychology of workers or role of participation in bringing Industrial
Democracy.
2) Participation cuts the root of industrial conflict. It tries to put an end to conflicting interests between parties by
bringing cooperation, homogeneity & common interests.
3) Workers participation in management allows workers to have the details behind a decision taken by
management. Because of this, workers come to know the reasons behind a decision & the acceptance of a
decision increases rather than resistance to it.
4) It also provides an opportunity to workers to contribute their views, ideas etc to decision making. This brings the
sense of belongingness among worker.
5) Workers‟ participation in management makes employees or workers feel that they are also a valuable part of
organization & their consensus is important for decision making.
6) Employees or workers can also put forward the points & issues which are affecting them and can make decision
with management to solve such issues.
7) Decisions are taken with consensus of all. Management & workers both take decision together.
8) Workers participation in management may protect the interests of both parties.
9) It is a system which prevents exploitations and provides equity and fairness.
GOVERNMENT POLICY & PARTICIPATION (Workers’ Participation in India)
Mahatama Gandhi advocated that employees/workers should regard themselves as trustees, not as a servant. He
insisted that “Capital & Labor should supplement and help each other; they should be a great family, living in unity
& harmony”.
Since Independence, several schemes have been formulated by the Government of India to promote Workers‟
Participation in management, which are discussed below-
1) Mill Committees-
They were formed in cotton textile industry. The employers in the textile industry started joint consultation with the
workers, by establishing „Mill Committees‟ which are merely to ascertain & represent the grievances of workers.
But the management did not accept the committees as spokesmen on behalf of the emerging trade unions, the
existence of which they preferred to ignore.

2) Works Committee-
The Industrial Disputes Act, 1947, provides for the setting up of bipartite works committees, as a scheme of workers
participation in management, which consist of representatives of employers and employees.
The Act provides for these bodies in every undertaking employing 100 or more workmen.
The aim of setting up of these bodies is to promote measures for maintaining harmonious relations in the work place.
The Bombay Industrial Relations Act, 1946, also provides for these bodies, but they can be set up only in units
which have a recognized union and they are called joint committees. The workers directly elect their representatives
where there is a union.
Functions-
The works committees/joint committees are consultative bodies. Their functions include-
(i) Discussion of Conditions of work like lighting, ventilation, temperature, sanitation etc & Amenities like water
supply for drinking purposes, provision of canteens, medical services, safe working conditions, and
administration of welfare funds, educational and recreational activities.
(ii) It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good
relations between the employers and workmen
(iii) To comment upon matters of their common interest or concern and put efforts to reconcile any material
difference of opinion in respect of such matters.
Structure-
The works committee has-
 Office bearers,
 A President ( He is a nominee of the employer)
 A Vice-President (He is the workers‟ representative)
 A Secretary and
 A Joint Secretary.
The tenure of these bodies is two years. The total strength of these bodies should not exceed 20. The employees‟
representatives have to be chosen by the employees.
These committees functioned actively in some organizations like Tata Iron and Steel Company, Indian Aluminum
Works at Belur and Hindustan Lever. In all these, the managements have evolved joint. committees independently of
the statutory requirements.
TISCO (Tata Iron and Steel Company) constitutes works committee in year 1919 long before the Industrial Dispute
ACT, which was enacted in year 1947.
3) Joint Management Councils (JMCs), 1958-
The Second Five-Year Plan recommended the setting up of joint councils of management consisting of
representatives of workers and management. The Government of India deputed a study group (1957) to study the
schemes of workers' participation in management in countries like UK, France, Belgium and Yugoslavia. The
report of the study group was considered by the Indian Labor Conference (ILC) in its 15th session in 1957 and it
made certain recommendations:
a) Workers‟ participation in management schemes should be set up in selected undertakings on a voluntary
basis.
b) A sub-committee consisting of representatives of- employers, workers and government should be set up for
considering the details of workers' participation in management schemes. This committee should select the
undertakings where workers' participation in management schemes would be introduced on an experimental
basis.
Objectives-

The objectives of Joint Management Councils are as follows:
(a) To increase the association of employers and employees, thereby promoting cordial industrial relations;
(b) To improve the operational efficiency of the workers;
(c) To provide welfare facilities to them;
(d) To educate workers so that they are well-prepared to participate in these schemes; and
(e) To satisfy the psychological needs of workers.
Criteria For Selection Of Enterprises Where The JMCs Could Be Introduced

A tripartite sub-committee was set up as per the recommendations of Indian Labor Conference which laid down
certain criteria for selection of enterprises where the JMCs could be introduced. They are:
(a) The unit must have 500 or more employees;
(b) It should have a fair record of industrial relations;
(c) It should have a well-organized trade union;
(d) The management and the workers should agree to establish JMCs;
(e) Employers (in case of private sector) should be members of the leading Employers' organization; and
(f) Trade unions should be affiliated to one of the central federations.
It was observed by sub-committee that if the workers & employers mutually agree, they can set up JMCs even if
these conditions are not met.
Functions-
The following are important functions of JMCs:
(a) To be consultated on matters like standing orders, retrenchment, rationalization, closure, reduction of operations
etc.
(b) To receive information, to discuss and offer suggestions.
(c) To shoulder administrative responsibilities like maintaining welfare measures, safety measures, training
schemes, working hours, payment of rewards.
Working Of JMCs
Over the years, there has been a good growth in number of units adopted by JMCs in some public sector. JMCs in
some of the public sector undertakings, for example, Bharat Heavy Electricals Limited, have provided an appropriate
forum for effective communication and management provides all facts and information that workers require.
But JMCs have not been successful both in private and public sectors.
JMC was first introduced in Hindustan Machine Tools in 1958 among the public sector units but survived less than
one year. The scheme has also failed in other public sector units like Posts and Telegraphs. Railways, Hindustan
Insecticides, Indian Airlines Corporation, Air India and in Fertilizer and Chemical Corporation.
4) Worker Directors (1970)
On the recommendations of Administrative Reforms Commission the Government has accepted that
representatives of workers be taken on the Board of Directors of public sector undertakings. It was introduced in
Hindustan Antibiotics Ltd., Hindustan Organic Chemicals Ltd, National Coal Mines Development Corporation,
BHEL, National textile Mills, Newsprint and Paper Mills, etc The worker director was supposed to be elected by
all the workers of the company through secret ballot.
After the nationalization of banks, the government advised all nationalized banks to appoint employee directors to
their boards- one representing employees & the other representing officers-having a tenure of 3 years.
5) Shop & Joint Councils (1975 & 1977)
The shop councils & Joint Councils to be introduced in manufacturing & mining units employing 500 or more
workers-whether in public, private or cooperative sector. The shop councils & Joint Councils were to be
introduced in manufacturing units.
Shop Councils-
 These are set up at the shop/departmental level.
 The actual number of shop councils in an enterprise was to be decided by the employer after consultations with
the recognized union/workers.
 The chosen workers‟ representatives had to be actually working in the shop or department concerned.

 The Chairman of the council would be elected by management and the Vice-Chairman by the workers'
representatives.
 The council would function for 2 years and meet regularly to discuss matters relating to safety, discipline,
physical working conditions, welfare measures, productivity norms and targets, absenteeism, flow of
communication, etc.
The Joint Council –
 Joint council are set up at enterprise level.
 Joint Council has tenure of two years.
 It would be constituted for the whole enterprise.
 It comprises representatives of both the management and the labor.
 The chief executive would be the Chairman of the council and the Vice Chairman would be nominated by the
representatives of workers.
 The council was required to meet once in a quarter to discuss matters which remained unsolved by shop councils
including: schedules of working hours, holidays, optimum use of materials, productivity standards, training
facilities to develop skills of workers, awards to workers for creative suggestions, general health, safety and
welfare of workers, etc.
Apart from manufacturing and mining units, commercial and service organizations (such as railways, hospitals, P &
T, state electricity boards) were also covered in the 1977 scheme.
6) The New Scheme (1984)
A new scheme of workers‟ participation in management was prepared and notified in I984 after reviewing the
progress of various schemes in industry. It was applicable to all central public sector enterprise. It was decided
that workers would be allowed to participate at the shop level, the plant level and the board level.
A wide range of work related issues (personnel, welfare, plant, operations etc) are brought within the circle of
the councils. The labor ministry of labor constituted a tripartite committee to review the working of the scheme
and to suggest corrective measures.
EMPOWERMENT
Empowerment means providing decision-making authority to the workers related to his own work without seeking
the authorization or permission from his immediate superior. Empowerment expands the job responsibilities of an
employee but along with authority, responsibility also comes to a worker.
Through empowerment, the abilities, creativities, and skills of employees are utilized.
Factors like proper training, relevant information, best suited methods and tools, fair reward policies, and complete
involvement in decision-making lead to the empowerment. Empowerment requires a close working relationship
between the employees and managers to create clear expectations and objectives which are agreed to both the
parties.
According to Thomas S. Bateman and Scott A. Snell, "Empowerment is the process of sharing power with
employees".
According to Richard Kathnelson, "Empowerment is the process coming to feel and behave as if one is in power
(autonomy and control) and to feel as if he/she owned the firm".
According to J. Gandz, "Employee empowerment means that management vests decision-making or approval
authority in employees where, traditionally, such authority was a managerial prerogative".
According to Newstrom and Davis, "Empowerment is any process that provides greater autonomy through the
sharing of relevant information and the provision of control over factors affecting job performance".
Features of Empowerment
The main features of empowerment are explained below:
1) Delegation of Power: The flow of power from the higher managerial level to the lower-most levels of
hierarchy in an organization is the fundamental feature of employee empowerment.
2) Continuous Process: It is a continuous process for accomplishing the pre-defined organizational objectives.
3) Self-Determination of Employees: The autonomous decision-making by an employee in his job is
considered as the final phase of employee empowerment. The acceptance of accountability for their decisions,

and the feeling of ownership of jobs by the employees begin at this phase. At this ideal stage, the commitment
and involvement level of employees is very high.
4) Authority Over Organizational Resources: The dominance of senior managers on the employees tends to
vanish due to the empowerment. Authority is given to employees over both human and physical resources of the
organization.
5) Not a Zero-Sum Game: When the loss of an individual results in the gain of other individual, it is referred to
as zero-sum game. As the delegation of power from the senior management to lower management is not a loss of
power of the top management. The employee empowerment should not be seen as a zero-sum game.
Process of Empowerment
The various stages in the process of employee empowerment are -
1) Establishing Goals: Establishing clear visions and goals which are to be achieved through employee
empowerment is the first step in employee empowerment. Usually, the corporate philosophy, mission, vision
statement, and goals are the factors which determine the goals of empowerment process. The top management
must fully support the goals of employee empowerment.
2) Orienting the Employees: A sufficient amount of information regarding the various dimensions of
empowerment must be made available to the employees who have been selected for this process. Apart from
this, they should also be provided training with respect to the utilisation of resources, decision-making, situation
analysis, and other significant fields pertaining to their jobs.
3) Transfer Of Authority: The next stage includes transfer of authority to the low level employees by the upper
management. At this stage, the worker acquires the right to take various autonomous decisions related to his job.
The decisions related to people management, utilisation of resources, customer care, and various other routine
actions may be included in these types of decisions.
4) Assigning Responsibility: Authority is meaningless if responsibility is not associated with it. If authority is
given without any responsibility, it can be harmful for the organizations. Various duties associated with the job
must be clearly mentioned by the organizations along with the various limitations of responsibility and authority.
5) Ensuring Accountability: Generating a feeling of being responsible among employees for their actions is the
most vital phase of empowerment process. Periodic assessment of the performance must also be performed by
the organizations in order to prevent any misuse of delegated authority and undesirable results.
6) Maintaining Communication: An environment of confidence, belief, and mutual trust can be built among
the managers and subordinates with the help of effective communication. It is necessary for the organizations to
involve the workers constantly by means of an effective communication system. The level of open and free
communication between the reporting manager and the empowered worker determines the real success of
employee empowerment process.
7) Follow-Up and Feedback: The essential changes in the empowerment process can be done according to the
results obtained. Moreover, the assessment report of the empowered worker should be discussed with the
employee, who is involved in the process along with his reporting manager & required changes can be made.
Pre-requisites for Empowerment
The various prerequisites for the empowerment of employees in an organization are stated below:
1) Attitude: For effective implementation of worker empowerment programme, it is required that the attitude of
employee should involve self-confidence but not over-confidence. The immediate superior should also see the
empowerment programme in positive way, not as source of decrease in employer‟s authority.
2) Participation: Participation of the employees is regarded as the foundation for the successful empowerment of
employees. The employee should participate enthusiastically in the activities which leads to employee
empowerment.
4) Decision-Making: Empowerment is totally concerned with the decision-making skills. Authority to take
decisions is delegated to empowered employees regarding the factors which influence their performances and
their communication with the customers without any requirement of the approval from their managers. So, the
employee should possess good analytical & decision making skills. if he does not have so, training can be done
to impart it.

5) Clear Knowledge of Role and Objectives: For workers‟ empowerment, it is essential that workers should
have a clear understanding about their roles & objectives which they need to perform. They should have detailed
knowledge about the duties they need to perform & about their work area.
6) Liberty of Failure: The fear of failure is the prime factor which demotivates the employees for sharing various
ideas or taking some actions. However, the employees will be motivated to take calculated risks which can result
in different types of innovations and thus, improving the productivity,
Methods of Empowerment
The employee empowerment can be done with the help of following methods:
1 ) Delegation of Authority: Delegation of authority means division of authority & powers downwards to the
subordinate. When a manager delegates its work along with authority, it increases the confidence and
imitativeness in the employee.
2) Skill Expansion: Employees are encourages to learn new skills because higher level of work or decision
making authority can be given only when the person has the capability to handle it. So, motivation is given to
workers to enhance their existing skills & learn new ones.
3) Employee Involvement: when manger involves employees in performing manager‟s job responsibilities &
involves them in decision- making, it empowers workers.
4) Cross-Training: Training related with various functional aspects of different jobs is given to so that they can
work in different positions. It improves team work too. Moreover, during the times when one particular
department is overloaded with work, the cross-trained employees can help by assisting that department in their
work.
5) Open-Door Policy: A direct access to different levels of the management should be provided to the employees
rather than only having access to their immediate seniors. This facilitates to the development of a feeling that
employees are more empowered as they can approach to higher level of management to discuss their issues.
6) Team-Creation: Different teams should be formed within the organization and these teams should conduct
regular meetings. The leader of the team should be an employee rather than from the top management. The
members of the management may become a part of the team, but they should not dictate the team. In fact, these
members should give the opportunity to the team leader to lead the discussion and arrive at a decision.
7) Communication: The various happening in the organization must be communicated to the employees. It also
displays that the organization wants to inform them about the various issues. A feeling of ownership in the
achievements of the organizational goals is created when the
Significance of Empowerment
The significance of employee empowerment are discussed below:
1) Saves Cost: If employees are empowered to decide their own methods of performing the tasks & to take
decisions related with their work-area, it gives birth to various ideas to modify the task processes which can
further improve the efficiency of their jobs. This ultimately results in better working & low need of supervision,
which saves the time of manager & he can utilize it at some other work.
2) Improves Morale: By giving authority to take decision about the work areas to workers & also assigning
accountability to them put a favorable impact on morale of workers. As they about the value of their contribution
in the success of the organization, and thus, they have a greater interest in making the organization a more
profitable and efficient one.
Higher morale of the employees results in less leaves by the workers and increase in output. The organizational
objectives are positively influenced by this.
3) Enhances Management-Employee Relationship: The relationship between the management and
employees becomes better with the help of employee empowerment. As the role of managers is of a mentor or a
coach whose main focus is on the successful performance of employee's tasks, not a dictator who just gives
orders & dictates policies.
4) Offers Direct Responsibilities to Employees: The empowerment of employees implies that they have a
direct responsibility for their actions. It makes employees responsible for their tasks and performances rather
than making managers responsible for all the decisions.

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BSA-CET UNIT-II ERLL

1|Page By- Ms. Raksha Agrawal

Popular Bargaining Tactics (Sloane and Whitney)

2|Page By- Ms. Raksha Agrawal

3|Page By- Ms. Raksha Agrawal

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5|Page By- Ms. Raksha Agrawal

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Requires intense supervisory control to Employees exercise self-control to meet

8|Page By- Ms. Raksha Agrawal

RED HOT STOVE RULE

9|Page By- Ms. Raksha Agrawal

PRINCIPLE OF NATURAL JUSTICE AND DOMESTIC ENQUIRY

10 | P a g e By- Ms. Raksha Agrawal

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12 | P a g e By- Ms. Raksha Agrawal

Conditions for Certification of Standing Orders [Section 4]

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Date of Operation of Standing Orders [Section 7]

14 | P a g e By- Ms. Raksha Agrawal

Enforcement of the Act

The basic objectives of Code of Discipline are to:

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The Code is based on the following principles:

Actions having Mutual Agreement of Management and Union:

Actions Agreed to by the Management:

Actions Agreed to by the Union:

Provisions in the Code of Discipline:

According to the Code of Discipline, it is Mandatory:

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17 | P a g e By- Ms. Raksha Agrawal

Causes of Industrial Disputes

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Preventive & Settlement Machinery in India

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(a) Informative Participation

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22 | P a g e By- Ms. Raksha Agrawal

23 | P a g e By- Ms. Raksha Agrawal

Criteria For Selection Of Enterprises Where The JMCs Could Be Introduced

24 | P a g e By- Ms. Raksha Agrawal

25 | P a g e By- Ms. Raksha Agrawal

26 | P a g e By- Ms. Raksha Agrawal

27 | P a g e By- Ms. Raksha Agrawal

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