Employee Relation and Labor Law in professional practices.pptx

Zainhaider67 77 views 30 slides Jun 25, 2024
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About This Presentation

The term ‘Industrial Relations’ comprises of two terms: ‘Industry’ and ‘Relations’.

“Industry” refers to “any productive activity in which an individual (or a group of individuals) is (are) engaged”.

By “relations” we mean “the relationships that exist within the i...


Slide Content

Employee Relations

What is industrial relation Relation between employer and Employee of the organization / industry.

Concept of Industrial Relations: The term ‘Industrial Relations’ comprises of two terms: ‘Industry’ and ‘Relations’. “Industry” refers to “any productive activity in which an individual (or a group of individuals) is (are) engaged”. By “relations” we mean “the relationships that exist within the industry between the employer and his workmen.”

Industrial Relations I ndustr i a l R e l at i on s i n v ol ve atte m pt s a t arriving at solutions between the conflicting objectives and values ; between the profit motive and social gain ; between discipline and freedom , between authority and industrial democracy (equality) ; between bargaining and co-operation ; and between conflicting interests of the individual, the group and the community

Industrial Relations System

Collective bargaining Collective bargaining   : within a labor union is a process of  negotiation  between employers and a group of employees aimed at agreements to regulate: working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers to secure full-time employment.

I mportance of C ollective B argaining Collective bargaining includes not only negotiations between the employers and unions but also includes the process of resolving labor-management conflicts. Thus, collective bargaining is, essentially, a recognized way of creating a system of industrial jurisprudence. It acts as a method of introducing civil rights in the industry, that is, the management should be conducted by rules rather than random decision making. It establishes rules which define and restrict the traditional authority exercised by the management.

Importance Of Collective Bargaining develops a sense of self respect and responsibility increases the strength of the workforce increases the morale and productivity of employees. restricts management’s freedom for random action against the employees. Moreover, one-sided actions by the employer are also discouraged.

Importance and Necessity of industrial relations Improves industrial relation i.e. employee-employer relations and minimizes i ndustrial disputes. Prospects workers f ro m exploitation by the employers or management Helps workers in getting fair wages Minimizes labour unrest Reduces conflicts and strikes etc. Ensures job security for workers Promotes welcome environment conditions in the industrial system Fixes rest pauses and work hours etc. Provides compensation to workers, who are victims of accidents.

Factors for Negotiations It includes matter pertaining to employment conditions like Pay / Allowances Hours of works Leave with Pay Health , safety, environments and work place discipline Disciplinary actions T ermination and cutback etc., laws relating to such activities Regulations governing labor welfare, canteen, fair price shop, social security, c ompensation, etc . Indu s tr ia l re lat i o n s is s u es c o n cer nin g w i t h w o r k er s ’ participation in management, collective bargaining, etc.

Terms of Employment Increase in Basic Pay Revision of Pay Scale Conveyance Allowance House Rent Allowance Attendance Allowance Night Shift Allowance Emergency Medical Allowance Supervisory Allowance Long Services Awards Packages Educational Scholarships Annual Leaves Accumulation Motor Cycle Loan Hajj facility Out Door Duty Meal Expenses

Framework of Labor laws Framework of labor laws can be categorized into two categories Individual laws  protect individual rights of employee Collective laws  Protect the collective interest of the union

Principles of Labour Laws Protection from Discrimination Compensation Labor Unions Creating a Union

Principles of Labour Laws Protection from Discrimination Labour laws in the United States generally protect employees from unlawful discrimination. This means that businesses cannot discriminate in hiring practices, promotions or firing of employees. Businesses also cannot discriminate based on race, ethnicity, sex, religion or nation of origin. These are called protected classes. Some states also protect against discrimination based on religion, sexual orientation and gender identification. Often the most contentious of these protected classes is religion. Labour law requires that businesses make attempts to accommodate the religious beliefs of their employees, unless doing so would create a hardship for the company. For example, if you have Jewish employees, they may request certain holy days off work. As an employer, you cannot deny the request and should make an accommodation to find other workers to cover the shift if at all possible. With regards to all the protected classes, business owners cannot retaliate against an employee that files a complaint about discrimination.

Compensation The Fair Labour Standards Act is federal legislation that applies to most employees in the United States. This law says that employees must generally be paid a minimum wage (depending on the state in which they live). It also requires that employees who are employed on an hourly basis be paid overtime pay (time and a half) if they work more than 40 hours per week. These rules vary slightly by state and by industry. For example, servers in restaurants may be paid much less than the minimum hourly wage but are compensated through tips and service charges to make up the difference. Some states also have a minimum wage that is higher than the one set by the federal government.

Labor Unions The development of labour unions has changed the way that employees deal with their employers. The National Labour Relations Act (NLRA) of 1935 is federal legislation that requires businesses that hire members of unions to meet with union representatives to negotiate on wages, working hours, and workplace conditions.

Creating a Union Employees are also free to form unions to bargain collectively with their employers. The National Labour Relations Board is a federal organization that oversees the rules regarding the creation of unions. To form a union, employees must organize themselves so that at least 30 percent of the employees of a business agree to have a union; the names and signatures of the employees are then submitted to the National Labour Relations Board. The board will verify the signatures and hold a secret ballot vote of the employees to ascertain if a majority desire to have a workplace union. If this turns out to be the case, the employees are free to arrange their union and to appoint representatives to negotiate with the business. As a business owner, it is important to know about this procedure, to follow the law and to be open to working with unions to create a positive work environment.

International Labour Organization The International Labour Organization (ILO) is a United Nations agency dealing with labour issues, particularly international labour standards, social protection, and work opportunities for all. The ILO has 187 member states: 186 of the 193 UN member states plus the Cook Islands are members of the ILO. (do check if PK is in this list or not) In 1969, the organization received the Nobel Peace Prize for improving peace among classes, pursuing decent work and justice for workers, and providing technical assistance to other developing nations. The ILO registers complaints against entities that are violating international rules; however, it does not impose sanctions on governments.

Main reasons for establishing ILO Political – ILO was established due to Russian and European revolutions in order to regulate and solve the problems faced by the society. The organizing members decided to create an organization that would support social progress and foster peace between the different social classes; Social – And whereas conditions of labour exist involving such injustice hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world is destroyed ; and an improvement of those conditions is urgently required; Economical – Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries.

Role of Employee: To redress the bargaining advantage on one-on-on basis To secure better terms and conditions for their members To obtain improved status for the worker in his/her work To increase implementation of independent way of decision making at various levels

Creating and sustaining employee motivation Ensuring commitment from employees Negotiating terms and conditions of employment with TU leaders Sharing decision making with employees

Labor policies Labor laws Industrial tribunals Wage boards Industrial relations policy

Protection Labor R ights U nder C onstitution of Pakistan Article 11 of the constitution prohibit all forms of slavery, forced labor and child labor. Article 17 provide for a fundamental right to exercise the freedom of association and the right to form union. Article 18 prescribes the rights of its citizen to enter upon any lawful profession or occupation and to conduct any lawful trade or business Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone. Article 37(e) makes provisions for securing just and human conditions of work, ensuring that children and women are not employed in vacations unsuited to their age or sex, and for maternity benefit for women in employment.

LABOUR LAWS Factories Act, 1934 Payment of Wages Act. 1936 Apprenticeship ordinance, 1962 Provincial Employees Social Security Ordinance 1965 Standing Orders Or d i nan ce, 1 9 6 8 Companies Profits (Workers Participation) Act, 1968 I nd ust ri a l R e l a t i o ns A C T , 2008 The Payment of Wages Act 1936 Cost Of Living Relief Act 1973. The Minimum Wages Ordinance1961 Employees Old Age Benefit Act 1976.

PROVINCIAL LABOUR LAWS AGAINST EMPLOYMENT The Punjab Bounded Labour System (Abolition) (Amendment) ACT 2012. The Employment (Record of Services) (Amendment) ACT XI of 2011. The Punjab Workers Children (Education) (Amendment) Act, 2012 The Employment of Children (Amendment) Act 2011. ACT X of 2011 The Punjab Maternity Benefit (Amendment) Act 2012 ACT XXII of 2012 The Factories (Amendment) Act, 2012 ACT XIV of 2012 The Punjab Industrial Relations Act 2010 (XIX of 2010) The Punjab Industrial & Commercial Employment (Standing Orders) Amendment) ACT 2012 ACT XXI of 2012. The Minimum Wages (Amendment) ACT 2012. The Road Transport Workers (Amendment) Act 2012. L A a C bo T r L X aw X s 2012 84

Decline of collective bargaining Flexible firm model Just –in- time production model Precarious (Risky) types of employment

‘Flexible firm’ model Organizations will require enhanced flexibility to meet ever evolving market and competitive pressures. The “flexible firm” model suggests that we can design our workforces to proactively meet our business needs through flexible staffing arrangements. In other words it is a concept of simply integrating flexible conditions into the administration an organization’s functional operations , in order to meet the demands of a highly competitive market and attain its strategic aims and goals. Flexibility is a calculated risk utilized by organizations to survive and gain strategic competitive advantage

Just-in-time Model To increase efficiency and decrease of waste by time management of employee work hour , time receiving goods only as they are needed in the production process, thereby reducing inventory costs. It rewards as low assets business progress enhancement.

Precarious types of employment Precarious works which are not treated as permanent works. They are frequently associated with the following types of employment " part-time  employment,  self-employment , fixed-term work,  temporary work ,  on-call  work,  home-based workers , and  telecommuting .”   All these forms of employment are related in that they depart from the standard employment relationship (full-time, continuous work with one employer)

Decline Some facts from different survey reports: Due to decline in ineffectiveness of collective bargaining agreements, the proportion of employees covered by collective bargaining agreements fell from over 70 per cent in 1984 to 54 per cent in 1990 In 1998, there was no unions at all in 47 per cent of workplaces, compared with 36 per cent in 1990.