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JK INSTITUTE OF TECHNOLOGY & MANAGEMENT

LABOUR LEGISLATIONS & INDUSTRIAL RELATIONS (PROF. PARVATHY K M)

ASSIGNMENT ANSWERS

1. In what way the advancement in technology and automation have affected the

industrial relation scenario in India?

 

The relations in the industrial relations in India have

changed in a way that now due to technology there is lot of scope for 

improvement career wise management is concerned for the growth anddevelopment of their staff, Staff is provided with regular training and updates.

Promotions are made possible due to the improvement in the relations.

Working staff is keener to perform due to the advanced working environment

and job satisfaction; they try to improve their standard to match up to the

needs of the company. Attention is provided to all the staff so there is job

satisfaction and so the work area is always disciplined and motivated.

The new technological developments and use of the

computers and the internet have vividly enhanced the industrial relations asthey facilitate constant and quality communication and updates regarding the

entire industry and its constituents. Tele-communication also has greatly

improved in recent times. India having adopted these advancements recently

 but on an effective level has certainly changed and enhanced the scenario of 

industrial relations today.

2. Factories Act. 1948 has revolutionized the concept of labour practices inIndia. Do you subscribe to the view? Justify your answer in either case.

 

The Factories Act 1948 has actually revolutionized the concept

of labour practices in India. And yes I do agree with this view as this act

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 protects the labour from all the injustice that can be subjected upon them by

the employers. This gives the labour a power to demand and they know what

their rights are when they are working. So this strengthens the work force and

gives the labour a word in what is happening.

I completely subscribe to the view as the factories Act 1948

 primarily put down beneficial laws for factories regarding their safeguarding

and existence which acts as a huge motivating factor for upcoming factories

and plants. As a result rapid industrialization and growth can be achieved in

an economy. Moreover it helps safeguard rights of the workforce and acts as a

motivating factor for the labour hence enhancing the quality and quantity of 

their work in turn enhancing overall productivity.

3. What do you mean by Minimum Wages? Describe the provisions of fixation

and revision of minimum wages under Minimum Wages Act, 1948?

 

Minimum wage is the law stating the minimum amount that a

worker can be paid per hour. Australia, Canada, China, Belgium, France,

Greece, Hungary, India, Ireland, Japan, Korea, Luxembourg, the Netherlands,

 New Zealand, Paraguay, Portugal, Poland, Romania, Spain, Taiwan, the

United Kingdom, the United States and others have laws of this kind. The

minimum wage is usually different from the lowest wage determined by the

forces of supply and demand in a free market, and therefore acts as a price

floor . Each country sets its own minimum wage laws and regulations, and

while a majority of industrialized countries has a minimum wage, many

developing countries have not.

Minimum wage laws were first introduced nationally in the

United States in 1938, India in 1948, and France in 1950, and in the United

Kingdom in 1998.In the European Union, 18 out of 25 member states

currently have national minimum wages.

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Procedure for fixing and revising minimum wages

(1) In fixing minimum rates of wages in respect of any scheduled employmentfor the first time under this Act or in revising minimum rates of wages so

fixed the appropriate government shall either -

(a) appoint as many committees and sub-committees as it considers necessary

to hold enquiries and advise it in respect of such fixation or revision as the

case may be or 

(b) by notification in the Official Gazette publish its proposals for theinformation of persons likely to be affected thereby and specify a date not less

than two months from the date of the notification on which the proposals will

 be taken into consideration.

(2) After considering the advice of the committee or committee appointed

under clause (a) of sub-section (1) or as the case may be all representations

received by it before the date specified in the notification under clause (b) of 

that sub-section the appropriate government shall by notification in the

Official Gazette fix or as the case may be revise the minimum rates of wages

in respect of each scheduled employment and unless such notification

otherwise provides it shall come into force on the expiry of three months from

the date of its issue :

Provided that where the appropriate government proposes to revise the

minimum rates of wages by the mode specified in clause (b) of sub-section (1)

the appropriate government shall consult the Advisory Board also.

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4. Define Strike and Lock-out as mentioned in Industrial Disputes Act, 1947 and

explain the conditions under which a strike becomes illegal. Is the employer 

empowered to deduct wages for strike period?

  Strike action is the weapon of the workers most associated with

industrial disputes, and certainly among the most powerful. In most countries,

strikes are legal under a circumscribed set of conditions. Among them may be

that:

• The strike is decided on by a prescribed democratic process. (Wildcat strikes 

are illegal).

• Sympathy strikes, against a company by which workers are not directly

employed, may be prohibited.• General strikes may be forbidden by a public order .

• Certain categories of person may be forbidden to strike (airport personnel,

health personnel, teachers, police or firemen, etc.)

• Strikes may be pursued by people continuing to work, as in Japanese strike

actions which increase productivity to disrupt schedules, or in hospitals.

A lockout is a work stoppage in which an employer prevents

employees from working. This is different from a strike, in which employeesrefuse to work.

A lockout may happen for several reasons. When only part of a

trade union votes to strike, the purpose of a lockout is to put pressure on a

union by reducing the number of members who are able to work. For 

example, if the anticipated strike severely hampers work of non-striking

workers, the employer may declare a lockout until the workers end the strike.

Another case in which an employer may impose a lockout is to

avoid slowdowns or intermittent work-stoppages. Other times, particularly in

the United States, a lockout occurs when union membership rejects the

company's final offer at negotiations and offers to return to work under the

same conditions of employment as existed under the now-expired contract. In

such a case, the lockout is designed to pressure the workers into accepting the

terms of the company's last offer.

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Report By: - Vineet. M. Ganvi.

For: - JKITM (LABOUR LEGISLATIONS & INDUSTRIAL RELATIONS)