Notes for Interview – Industrial Relations & Human Resource

What is the difference between PM and HR?

Personnel Management is widely used few years back. The main task of PM was to maintain personal records of the employees of the organization. It was just a job to maintain the records (Database), sometime PM use to take care of the recruitment and joining formalities but never expected beyond that.

Human Resource Management takes care of all the aspect, right from

Strategic planning

Recruitment

Joining formalities

Induction

Training

Employee relationship

Handling Employee Grievances

Attrition

Retention

Exit Formalities

Define SHIFT and RELAY.

Where the work of the same kind is carried out by two or more of sets of workers working during different periods of the day each of such sets is called RELAY and each of such periods is called SHIFT.

Define Job?

Job is a collection of task to be performed everyday.

What is Job Analysis?

Job analysis is the process of studying and collecting information relating to operations and responsibilities of a specific job.

Job analysis is a systematic exploration of activities within a job. It is a basic technical procedure that is used to define duties and responsibilities and accountabilities of the job.

Each job has certain ability requirements associated with it. Job analysis is a process used to identify these requirements.

Section 9-A of ID Act, 1947 stipulates about?

Ans: __________________

What is Organization?

A consciously coordinated social unit composed of two or more people that functions on a relatively continuous basis to achieve a common goal or set of goals.

What is lay-off?

Lay-off is a measure or compromising device to cope with the temporary inability of an employer to offer employment to a workman and to keep the industrial establishment in operation so that the worker need not fall back upon strike and the employer need not resort to closure or lockout.

A situation in which there is a temporary shortage of work and the employees are told there is no work for them but that management intends to recall them when work is again available.

@ Welfare officers are to be appointed if organization is engaging _________ or more employees.

@ Chapter V of ID Act, 1947 Envisages about_____________________________

What is Subsistence allowance?

Section 10 A the Industrial Employment (Standing Orders) Act, 1946

Where the workman is suspended by pending investigation or employer pending investigation or inquiry into complaints or charges of the misconduct against him, the workman shall be paid the subsistence allowance equal to 50% of wages for first 90 days of suspension and 75 % of wages for remaining period till completion of disciplinary proceedings.

Define Morale?

The feeling of confidence and optimism with respect to problems or task is termed as Morale.

What are the Benefits under ESI Act, 1948?

• Medical Benefit
• Sickness Benefit
• Disablement Benefit
• Maternity Benefit
• Dependents
• Funeral
• What is SPREAD-OVER?

According to the Sec. 56 of the Factories Act, 1948 the period of work of an adult worker shall be so arranged that inclusive of his interval for rest, they shall not spread-over more than 10 ½ Hour in a day.

What is Gratuity?

Gratuity is a kind of benefit like the provident fund or pension. It is regarded as a legitimate claim which workmen can make and which in a proper case can give rise to an industrial dispute. Gratuity paid is intended to help the workmen after the retirement whether the retirement benefit is the result of the rules of the superannuation or of physical disability.

It is a reward for good, efficient and faithful service rendered for a fairly substantial period and it is not paid to the employee gratuitously or merely as a matter of bonus but for long and meritorious award.

Formula of GRATUITY:

Last drawn wages*No. of years*15 days

26 days in a month

Define TRADE UNIONS.

Which are registered under the Trade Union Act 1926.

Trade Unions are voluntary organizations of employees or employers formed to promote and protect their interest through collective action.

@ Safety officers are to be appointed if organization is engaging employees more than __________ workers.

What is casual leave?

Casual leave is given to employee to attend sudden and immediate social an/or personal obligations, or obligations like sister’s wedding, relatives death, children education obligations ( Children’s admission in school, Parent Teacher’s meet) or applying for personal needs like Income Tax Returns, Passport, Ration Card, Court Proceedings Etc.

Casual leave is not linked to the number of days worked and is usually fixed. The eligibility is decided by the company and it can also decide whither excess leave can be en cashed or not. In all most all companies’ casual leave cannot be accumulated and carried on in next year and a person can take a maximum of 3 C Ls together.

Define Wage Under Minimum Wages Act.

Wages means all remuneration capable of being expressed in terms of money. It includes house rent allowance but does not include 1.Value of house accommodation, supply of light, water, medical attendance 2.Value of other amenity provided, if excluded by Govt. order 3.Contribution to pension fund or Provident fund or Insurance 4.Traveling allowance 5.Special allowances incurred by the nature of employment 6.Gratuity payable on discharge.

Approval of Standing Order

Every Employer covered under the Act has to prepare ‘Standing Orders’, covering the matters required in the ‘Standing Order’. Five copies of these Standing Orders should be sent to Certifying Officer to approval.(Section 3(1))

‘Certifying Officer’ means Labour Commissioner and any officer appointed by government to be ‘Certifying Officer’. [Section 2(c)]

What is CLOSURE?

Closure means permanent closing down of a place of employment or part thereof.

60 days notice should be given for closure to Government, if numbers of persons employed are 50 or more. 60 days notice is not necessary if numbers of persons employed are less than 50.

If number of workman employed are 100 or more, prior permission of government is necessary for closure u/s 25-O.

@ How much time should be given to an employee to submit his explanation to charge sheet?

1. 48 hrs.
2. 36 hrs.
3. 48 hrs
4. Reasonable time

KPI – KEY PERFORMANCE INDICATOR

Key performance indicators are financial and non- financial metrics used to help an organization define and measure progress toward organizational goals. KPIs can be delivered through Business Intelligence techniques to assess the present state of the business and to assist in prescribing a course of action.

The act of monitoring KPIs in real-time is known as Business Activity Monitoring (BAM).

KPIs are frequently used to “value” difficult to measure activities such as the benefits of leadership benefits of leadership development, engagement, service, and satisfaction. KPIs are typically tied to an organization’s strategy.

What is ORGANIZATIONAL DEVELOPMENT?

Organizational development is a complex strategy intended to change the beliefs, attitudes, values, and structures of organizations so that they can better adapt to new technologies, markets, challenges.

OD is achieved through interventions in the organization’s “Processes” using behavioral science knowledge.

OD involves organizational reflection, system improvement, planning, and self analysis.

Organizational Development is long range effort to improve organization’s problem solving and renewal processes, particularly through more effective and collaborative management of Organizational Culture, often with the assistance of a change agent or catalyst and the use of theory and technology of applied behavioral sciences.

Organizational Development is a contractual relationship between a change agent and a sponsoring organization entered into for the purpose of using applied behavioral science in a system context to improve organizational performance and the capacity of the organization to improve itself.

Who is CHANGE AGENT?

Change agent is a behavioral scientist who knows how to get people in organization involved in solving their own problems. His main strength is his comprehensive knowledge of human behavior, supported by a number of intervention techniques.

Change agent is expertise in behavioral sciences and in the intervention technology of OD.

HALO EFFECT

The Halo effect in social perception is very similar to stereotyping. Whereas in stereotyping the person is perceived according to a single category, under the halo effect the person is perceived on the basis of one trait. Halo is often discussed in performance appraisal when a rater makes an error in judging a person’s total personality and/ or performance on the basis of a single trait such as intelligence, appearance, dependability, or cooperativeness. Whatever the single trait is, it may override all other traits in forming the perception of the person.

For example, a person’s physical appearance or dress may override all other characteristics in making a selection decision or in appraising the person’s performance.

What is ATTRIBUTION?

Attribution refers simply to how people explain the cause of another’s or their own behavior. It is the process by which people draw conclusions about the factors that influence, or make sense of, one another’s behavior.

What are FRINGE BENEFITS?

These are monetary benefits provided to employees. They include the benefit of: (a) Provident fund, (b) Gratuity, (c) Medical care, (d) Hospitalization payment, (e) Accident relief, (f) Health and Group insurance, (g) Subsidized canteen facilities, (h) Recreational facilities, and (i) Provision of uniforms to employees.

What is EMPLOYEE ENGAGEMENT?

Employee Engagement is variously known as Employee Ownership, Employee Motivation, employee Involvement, Commitment, Loyalty, etc.

Employee engagement means when employee is intellectually and emotionally bound with the organization and who feels passionate about its goals and is committed towards its values thus he goes to the extra mile beyond the basic job.

Employee Engagement is a powerful retention strategy. An Engaged employee gives his company his 100 percent.

When employees are effectively and positively engaged with their organization, they form an emotional connection with the company.

Employee Engagement is a barometer that determines the association of a person with the organization. It is about creating the passion among associates to do things beyond what is expected from him.

A successful employee engagement strategy help create a community at the workplace and not just a workplace. When employees are effectively or positively engaged with their organization, they form an emotional connection with the company. This affects their attitude towards both of their colleagues and the company’s clients improve customer satisfaction and service levels.

Douglas McGregor, 1947 - Theory X and Theory Y

Theory X (Negative Outlook)

Management assumes employees are inherently lazy and will avoid work if they can. Because of this, workers need to be closely supervised and comprehensive systems of controls developed. A hierarchical structure is needed with narrow span of control at each level. According to this theory, employees will show little ambition without an enticing incentive program and will avoid responsibility whenever they can.

Theory Y (Positive Outlook)

In this theory Management assumes employees may be ambitious, self-motivated, and anxious to accept greater responsibility, and exercise self-control, self-direction, autonomy and empowerment. It is also believed that if given the chance employees have the desire to be creative and forward thinking in the Workplace. There is a chance for greater productivity by giving employees the freedom to perform at the best of their abilities without being bogged down by rules.

@ When was the Minimum Wages Act enacted?

Ans: ____________

What is Adjudication?

Adjudication means a mandatory settlement of an industrial dispute by a Labour court or a tribunal. Generally, the government refers a dispute for adjudication depending on the failure of conciliation proceedings.

Section 10 of the Industrial Dispute Act 1947, provides for reference of a dispute to Labour court or tribunal. The Act also lays down rules regarding the composition and powers of Labour courts and tribunal.

Disputes are generally refers to adjudication on the recommendation of the conciliation officer who dealt with them earlier. However, the government has discretionary powers to accept or reject recommendations of the conciliation officer. It is obvious that once a dispute is referred for adjudication, the verdict of a Labour court or tribunal is binding on both the parties.

Duties of Labour Welfare Officer

Section 49 of the factories Act 1948 provides that in every factory wherein 500 or more workers are ordinarily employed, the employer shall appoint at least one welfare officer. The officer is expected to act as an advisor, counselor, mediator or liaisoning officer between the management and the Labour. Specifically, his/her duties include the following:

SUPERVISION OF

1. Safety , health and welfare programmes like housing, recreation, and sanitation services,
2. working of join committees
3. Grant of leave with wages
4. Redressal of worker’s Grievances.

COUNSELING WORKERS IN

1. Personal and Family problems
2. Adjustment to their work environment
3. Understanding their rights and privileges.

ADVISING MANAGEMENT IN MATTERS OF

1. Formulating welfare policies
2. Apprenticeship training programmes
3. Complying with statutory obligations to workers
4. Developing fringe benefits
5. Worker’s education

LIAISONING WITH WORKERS SO THAT THEY MAY

1. Appreciate the need for harmonious industrial relations in the plant2.
2. Resolve Disputes, if any
3. Understand the limitations under which they operate
4. Interpret company policies correctly

What is the definition of Worker under the Factories Act 1948?

Worker means a person who is employed directly or through any agency including contractor with or without the knowledge of principal employer, whether for remuneration or not, but he must be employed in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process or the subject of the manufacturing process. (2L)

NOTICE OF CHANGE IN CONDITIONS OF SERVICE (M.ASK)

Section 9A of Industrial Dispute Act 1947 provides that an employer cannot effect any change in the conditions of service applicable to any workman without giving 21 days notice.

As per fourth schedule of the Act, such 21 day notice is required if there is going to be change in wages, wage period, PF contribution, allowances, hours of work and rest intervals, shift timings, new rules of discipline, increase or decrease in number of persons in any department or shift.

Notice is given to 1. Secretary of Registered Trade Union

2. Chief Labour Commissioner (Central)

3. Assistant Labour commissioner

4. Regional Labour Commissioner

INDUSTRY: Industry means any systematic activity carried on by cooperation between an employer and his workman whether such workman are employed directly or through any agency including contractor.

The employment should however be, for the production, supply or distribution of goods or services with a view to satisfy human needs and wants.

Define Award: Award means an interim or final determination of any industrial dispute or question relating thereto by Labour Court, Tribunal, and National tribunal or by an arbitrator.

Welfare sections of the Factories Act 1948

Section 42 ----- Washing facilities

Section 43 ----- Facilities for storing and drying clothes

Section 44 ----- Facilities for sitting

Section 45 ----- First-Aid appliances (At least one First-aid for 150 workers)

Section 46 ----- Canteen (More than 250 Workers)

Section 47 ----- Shelter, Rest-room, Lunch-Rooms (150 workers)

Section 48 ----- Crèches (Provision of crèches in factories employing more than 30 women workers)

Section 49 ----- Welfare officer (500 or more)

INDUSTRIAL DISPUTE ACT 1947(M. ASK)

Schedules: There are five schedules in ID Act 1947.

i. Industries which may be declared to the Public Utility Services.

ii. Matters within the Jurisdiction of Labour Courts.

iii. Matters within the Jurisdiction of Industrial Tribunal.

iv. Conditions of service for change of which notice is to be given.

v. Unfair Labour Practices

FORM AND RETURNS UNDER THE FACTORIES ACT 1948

Form no. 11 – Notice of period of work for adult workers. (R. 79)

From no. 12 – Register of Adult workers

Form no. 15 – Register of leave with wages

From no. 23 – Register of Accidents

Form no. 09 – Register of compensatory Holidays.

From no. 10 – Overtime muster roll for exempted worker

Form no. 13 – Notice of period of work of child workers

Form no. 14 – Register of child workers

What is Hazardous Process?

Hazardous Process means any process or activity in relation to an industry specified in the first schedule where, unless special care is taken, raw material used therein or the intermediate or finished products, bye products, wastes or effluents thereof would -

1. Cause material impairment to the health of the persons engaged in or connected therewith.

2. Result in the pollution of the general environment

What is Human Resource Management?

Human resource management is concerned with the people dimensions in management since every organization is made up of people, acquiring there services, developing their skills, motivating them to higher level of performances and ensuring that they continue to maintain their commitment to the organization are essential to achieving organizational objectives.

Human resource management involves attracting quality workforce through human resource planning, recruitment and selection, Develop a quality workforce through employee orientation, training, performance appraisal, and Maintain quality workforce through retention and career development

Define Termination, Suspension, Discharge and Dismissal?*

TERMINATION: The term termination is very wide in nature and refers to cessation of employment due to any reason. It includes discharge and retrenchment also. It may also include mass retrenchment whereby the entire or majority employees are terminated.

This refers to the end of an employee’s duration with an employer. Depending on the case, the decision could be made by the employee, employer or mutually agreed upon by both.

There are two types of terminations:

Voluntary Termination

Resignation and Retirement due to age fall under this category.

Involuntary Termination

Dismissal, Discharge, Forced resignation, Retrenchment all fall under this category.

SUSPENSION: Suspension is temporary cessation of employment as part of disciplinary action being taken against an employee.

Suspension shall not be taken as a punishment but the employee found guilty of any misconduct is debarred from attending the office for the time being. Once the enquiry is completed he may be either reinstated after withdrawing the suspension or discharged or dismissed following the findings of the enquiry officer.

DISCHARGE: Discharge refers to termination of employment. The term is simultaneously used to refer to retrenchment also. Most often the term is used to denote termination of employment following misconduct. Dismissal also refers to the termination of employment. Te basic difference between the two is that discharge is somewhat sympathetic in nature but the dismissal is very severe in nature.

Dismissal refers to the employer’s choice to let go the employee for a reason. The reason in the case of dismissal is always for a fault or misconduct committed.

Dismissal is referred to as “Capital Punishment” in Labour law parlance.

Discharge: The word itself gives the meaning of releasing from duty or obligation. There are plenty of meanings for the same word. But when we compared it to our topic it’s nothing but officially relieving a person from his/her duties.

For Ex: Mr. Amith was joined in XYZ co. in the year 2005 by signing two years bond. Now he got an opportunity to work with some ABC co., which is more reputed than XYZ.. So officially he has the right to leave the company as per their commitment by serving notice period. And he can discharge from his duties as per their mutual agreement.

@ Which theory is commonly referred as the ‘Hierarchy of Human Needs?’

Ans: Maslow’s Need Hierarchy Theory

PROVIDENT FUND FORMS DETAILS

Form No. 2 --- Nomination & Declaration

Form No. 3A --- At the time of Annual Return (For every Individual)

Form No. 6A -- At the time of Annual Return (As a summary of all)

Form No. 31 --- Advance loan against PF

Form No. 10C --- Withdrawal of pension contribution

Form No. 10D --- Withdrawal of pension fund on retirement or death

Form No. 20 --- For claiming PF on death of an employee by family or nominee

Form No. 19 --- PF withdrawal form

Form No. 09 --- Employee name and Details (within 15 days coverage of the Act)

Form No. 11 --- Information about previous employer

Form No. 05 --- At the time of joining by new member

Form No. 12A --- Monthly return

Form No. 10 --- At the time of leaving by member

What is JOB ENLARGEMENT?

It means the expanding the tasks or duties assigned to a given task, or duties assigned to a given job.

What is JOB DESCRIPTION?

Job description involves listing of job title, tasks and responsibilities in a job.

It defines continuing work assignment and a scope of responsibility that are sufficiently different from those of other jobs to warrant a specific title.

Job description is broad statement of purpose, scope, duties and responsibilities of a particular job.

FORMAT OF JOB DESCRIPTION

• Job Title
• Region/Location
• Department
• Reporting to (Operational and Managerial)
• Objective
• Principal duties and responsibilities

What is Performance Appraisal?

It is a systematic evaluation of an individual with respect to performance on the job and individual’s potential for development.

Performance appraisal is the assessment of individual’s performance in a systematic way. It is a development of the employee and the organization.

The performance is measured against such factors such as job knowledge, quality and quantity of output, initiative, leadership abilities, supervision, dependability, co-operation, judgment, versatility and health.

Objective and use of Performance Appraisal

• Promotions
• Confirmations
• Training and Development
• Compensation Reviews
• Competency Building
• Improve Communication
• Evaluation of HR Programmes
• Feedback and Grievances

Section 108 the factories Act 1948

According to section 108(2) all notices required by or under this act to be displayed in a factory shall be in English and in a language understood by the majority of workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance of the factory and shall be maintained in a clean and legible condition.

@ Name the person who called for the scientific selection of workers and ‘Harmonious Cooperation’ between labor and management?

Ans:

Wage: Wage represent hourly rates of pay

Salary: Salary refers to the monthly rate of pay

Incentive: Incentive means payment by result

Incentives are paid in addition to wages and salaries. Incentives depend upon productivity, sales, profit or cost reduction efforts.

OD INTERVENTIONS

Interventions are structured activities used individually or in combination by the members of a client system to improve their social or task performance. They may be introduced by a change agent as a part of improvement program, or they may be used by the client following a program to check on the state of the organization’s health, or to effect necessary changes in its own behavior.

“Structured Activities” mean such diverse procedures as experimental exercises, questionnaires, attitude surveys, interviews, relevant group discussions, and even lunchtime meetings between the change agent and a member of the client organization. Every action that influences an organization’s improvement program in a change agent-client system relationship can be said to be an intervention.

Payment of Bonus Act 1965

The right to minimum Bonus is a statutory right which vests in the employee and no further adjudication of the right to the payment of minimum bonus is called for.

A claim for the payment of Minimum Bonus cannot constitute an industrial dispute within the meaning of section 22 of the payment of Bonus Act. However, for the enforcement of this right an employee can file an application under section 33 C(2) of the Industrial Dispute Act.

Id Act: Section 33C (2) – This subsection deals with jurisdiction of a Labour court which is subject to the fulfillment of the following two requirement.

- A workman must be entitled to receive from the employer any money or benefit which is capable of being computed in terms of money.

- A question should have arisen about the amount of money due, or as to the amount at which such benefit should be computed.

What is CONCILIATION?

Conciliation is the most important method for the prevention and settlement of industrial disputes through third party intervention. It is an attempt to reconcile the view of the disputants and bring them to an agreement.

Conciliation may be described as “the practice by which the services of a neutral third party are used in a dispute as a means of helping the disputant parties to reduce the extent of their differences and to arrive at an amicable settlement or agreed solution.”

It is the process by which representatives of workers and employers are brought together before a third person or a group of person with a view to persuading them to arrive at an agreement by mutual discussion between them.

As a process of peace making Industrial relations, conciliation tends to bring about a speedy settlement of disputes without resort to strikes or lockouts, and to hasten the termination of work-stoppages when these have occurred. Its function is to assist the parties to move towards a mutually acceptable compromise or solution.

A unique and essential characteristic of the conciliation process is its flexibility, informality and simplicity which set it apart from other methods of setting industrial disputes.

THREE SCHEDULES OF THE FACTORIES ACT 1948

• LIST OF THE INDUSTRIES INVOLVING IN HAZARDOUS PROCESS

• PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK ENVIRONMENT

• LIST OF NOTIFIABLE DISEASES

HOURS OF WORK FOR WOMEN: No women can be allowed to work for more than the maximum daily hours of work, i.e., nine hours a day ii. No woman shall be allowed employed in any factory except between the hours of 6 a.m. and 7 p.m. The state government may be notification in the official gazette vary the limits for particular factories. But such provisions must not authorize the employment of women between the hours of 10 p.m. and 5 a.m. iii. There shall be no change of shifts for women except under a weekly holiday or any other holiday.

SECTION 58 (PROHIBITION OF OVERLAPPING OF SHIFTS) OF THE FACTORIES ACT 1948: Work shall not be carried on in any factory by means of system of shifts so arranged that more than one relay of worker is engaged in work of the same kind at same time.

David Kolb Experimental, Learning Theory comprises the learning Styles named:

1. Concrete Experience (Feeling)

2. Abstract Conceptualization (Thinking)

3. Active Experimentation (Doing)

4. Reflective Observation (watching)

Section 62.(Form No. 12) Register of adult workers: The manager of every factory shall maintain a register of adult workers, to be available to the inspector at all times during working hours, or when any work is being carried on in the factory, showing –

1. The name of each adult worker in the factory
2. The nature of his work;
3. The group, if any, in which he is included;
4. Where his group works on shifts, the relay to which he is allotted;
5. Such other particulars as may be prescribed

WHAT ARE THE OBJECTIVES OF THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946?

• Principal Conditions of Employment
• Standing orders may be described as “code of conduct” for employees
• To provide of redressal of Grievances
• To specify the duties and responsibilities of both the Employers and Employees. They make both of them conscious of their limitation.
• Standing orders is to create an attitude of mind among both the parties
• Reduced in writing
• Compulsory certified

• They require on the one hand, the employers to follow certain specified rules and regulations as laid down regarding working hour, pay days, holidays, granting of leave to the employees, temporary stoppages of work, termination of employment, suspension or dismissal in certain conditions.

• On the other hand they require that the employees should adhere to rules and regulation mentioned in the standing orders.

PAYMENT OF BONUS ACT, 1965

SUBMISSION OF RETURN: In form D to the inspector within 30 days of the expiry of time limit under section 19.

MAINTENANCE OF REGISTERS AND RECORDS ETC.:

A register showing the computation of the allocable surplus referred to in clause (4) of section 2, in Form A.

A register showing the set-on and set off of the allocable surplus, under section -15, in form B

A register showing the details of the amount of bonus due to each of the employee, the deduction under sec. 17 and 18 and the amount actually disbursed in Form C

FORMS UNDER ESI ACT 1948

Form No. 1 – Nomination Form

Form No. 1(B) – Change in Family Particular

Form No. 4(B) – Photo ID with Family

Form No. 37 – Continuation of Employment

Form No. 53 – Change of Dispensary

Form No. 72 – For Issuance of Duplicate ESI Card

Form No. 86 -- Certificate of employment of newly appointed person

Form No. 105 – To take Benefit at Outstation

Form No. 07 – List of Employees

Form No. 15 – Accident Book

Form No 32. -- Rate Form

Form No. 71 – Wage/ Contributory Records

Form NO. 16 --- Accident Reports

Form No. 05 – Return of Contribution

FORMULA OF OVERTIME:

Basic (+HRA) * 2 * No. of Extended Hours

26*8

Disablement Benefit under ESI Act 1948: If an employee covered under ESI is disabled due to an accident on duty he will get 70% of wages (approx.) as long as the disablement lasts (In case of temporary disablement).

In case of permanent disablement he will get pension for life.

PROVISIONS RELATED WORKING HOURS FOR ADULT WORKERS

Section 51 : Weekly Hours (Not more than 48 Hr. in a week)

Section 52 : Weekly Holidays

Section 53 : Compensatory Holidays

Section 54 : Daily Hours (9 Hr. in a day)

Section 55 : Interval for rest (Half hour after 5 Hr. working)

Section 56 : Spread over (10^1/₂ Hr. )

Section 57 : Night shift

Section 58 : Prohibition of overlapping of shift

Section 59 : Extra Wages for overtime

Section 60 : Restriction on double employment

Section 61 : Restriction on double employment

@ Joseph Luft and Harry Ingham developed a framework to improve the effectiveness of communication. Name it?

Ans: Johari Window

What is COLLECTIVE BARGAINING?

Collective bargaining is a negotiation between an employer or group of employers and a group of working people to reach an agreement on working conditions

Collective Bargaining is a process of negotiation by collective action by a body of workers regarding their terms and conditions of service such as wage leave, norms of employment, gratuity, bonus and other benefits of the like nature.

In the Bargaining process, the main actors are employees, employers and their associations.

What is RETRENCHMENT?

The Industrial dispute Act 1947 defines retrenchment as: The termination by the employer, of the service of the workman, for any reason, whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include voluntary retirement, compulsory retirement of the workman on reaching the age of superannuation or termination of service on the grounds of continued ill health.

What is the PROCEDURE FOR RETRENCHMENT?

Under the Act for the purpose of the retrenchment it is required that the workman must have been employed for a period of not less than twelve months and that during those twelve months he had worked for not less two hundred and forty days.

The employer is required to prepare a list of all workman in the particular category from which retrenchment is contemplated, arranged according to the seniority of service in that category. A copy of the list shall be displayed on the notice board in a conspicuous place in the premises of the establishment, at least seven days before the actual date of retrenchment.

According to section 25G the following conditions are necessary for retrenchment:

• The workman must be a workman within the meaning of section 2(s) of the Act.
• The workman should be employed in an establishment which is an industry within meaning of section 2(j) of the Act.
• The workman should belong to a particular category of workman in the industrial establishment.
• There should be no agreement contrary to the principal of “Last come first go.”

Who wrote the seven habits of highly effective people?

Ans: ..........................................

What is the difference between Training and Development?

Training is skill focused

Development is creating learning abilities

Training is presumed to have a formal education

Development is not education dependents

Training needs depend upon lack of deficiency in skills

Development is voluntary

Training is a narrower concept focused on job related skills

PRINCIPLE OF NATURAL JUSTICE (M. ASK)

• The worker charged should be given an opportunity to present witness of his own choice on whom he relies.

• The worker should be given the right to cross examine the management evidence.
• No material should be used against the worker without giving him an opportunity to explain.

• The evidence of management should be taken in the presence of worker.

• Enquiry against the worker should be fair and conducted by impartial person.

• The punishment awarded should not be out of the proportion to the misconduct committed.

What is CHARGE SHEET?

Charge sheet is a memorandum of charges.

Statement of allegations of misconduct/ omission/ negligence

No particular format prescribed for charge sheet in any labor enactment.

The object is to give the employee exact idea of the misconduct committed by him so that he may get reasonable opportunity to defend.

What is personality?

Personality is the dynamic organization within the individual of that psychophysical system that determines his unique adjustment to his environment.

Personality usually refers to the distinctive patterns of behavior (Including thoughts and emotions) that characterize each individual’s adaptation to the situations of his or life.

Amendment to the Payment of Bonus Act, 1965

The cabinet in its meeting held on October 1, 2007 has approved the amendments to the payment of Bonus Act, 1965, which are as follows:-

1. Amendment to section 2(13): To raise the eligibility limit of bonus from the salary or wage of Rs. 3500/- to Rs. 10, 000 per month.

2. Amendment to section 12: to raise the ceiling for calculation purpose from the salary or wage of Rs. 2500/- to Rs. 3500/- per month, and:

3. Deletion of section 32(vi): To cover the employees employed through contractors on building operations.

What is the difference between Charge sheet and Show cause Notice?

Charge sheet is issued for acts of Misconduct by employees in Non-supervisory/ Non-Managerial Cadre whereas the practice is to issue a show cause or Explanation letter to all in Non-Worker Cadre. Both purport to be “Show Cause Notices” asking delinquent employee to explain why disciplinary Action under the standing Orders should not be taken for act of misconduct.

Charge-sheet is basically a communication addressed to an employee, who has alleged to have committed some misconduct, in relation to his employment, and it contains a statement of allegations with complete details of the wrong-doing/ misconduct alleged against the employee. It calls upon him to give his explanation and show cause as to why appropriate penal action should not be taken against him. Basically, therefore, there is not much difference in both the jargons. But in Govt. Sector, there is a prescribed procedure for drafting in charge-sheet. Normally, it contains a statement of charges, imputations of the misconduct on the basis of which the charges have been framed, a list of witnesses and a list of documents, through whom/ which, the charges are proposed to be established.

Generally, the charge-sheet does not speak about the penalty to be awarded to the employee, but only states the allegations, which the employee may accept or refute. If it is accepted, then he liable for penal action forthwith. If the explanation is satisfactory, the employer may not proceed further in the matter. However, in case he denies the charges, the allegations need to be proved against him for which a departmental enquiry will be held. During the enquiry, the side which has made the allegations has to prove it and the receiving side can put up his or her defence. Once, the charges are proved, the employee may be visited with penal action

Show cause narrates the incidence/misconduct and requires the employee to explain the cause of the same. He is not pointed out to be the cause. Show cause therefore is at a macro level.

Charge-sheet however is very specific. Charges are categorically leveled and shot against the employee. He is being asked to defend the charges.

The disciplinary actions are usually governed by Industrial Employment Standing Orders Act, 1946,

• what is the name of Ingham and luft's model and theory which deals with hidden and open areas of knowledge about a person?

Ans: ...........................................

What is OD Interventions?

The term Intervention refers to a set of sequenced, planned actions or events intended to help an organization to increase its effectiveness. Interventions purposely disrupt the status quo;they are deliberate attempts to change an organization or sub-unit toward a different and more effective state.

What is Communication?

It is a two way process of exchanging information and ideas from the sender to the receiver with the message being understood as intended by the sender.

Communication Process

Feedback

Sender: The communicator or sender is the person who is sending the message . There are two factors that will determine how effective the communicator will be . The first is the communicator's attitude . It must be positive. The second factor is the communicator's selection of meaningful symbols, or selecting the right symbols depending on your audience and the right environment.

Message: A communication in writing, in speech, or by signals

Channel: Messages are conveyed through channels, with verbal including face to face meetings, telephone and video conferencing: and written including letters, emails, memos and reports.

Receiver: The receiver is simply the person receiving the message, making sense of it, or understanding and translating it into meaning

Feedback: Feedback is that reaction which can be a verbal or non-verbal reaction or response. It's the feedback that allows the communicator to adjust his message and be more effective. Without feedback, there would be no way of knowing if meaning had been shared or if understanding had taken place

Types of Communication

Communication is of three types:

1. Verbal
2. Non-Verbal
3. Written

Verbal Communication: Communication done by way of speaking or exchange of words is called verbal communication.

Non Verbal Communication: Conveying Ideas or thoughts through signs, symbols, gestures or facial expressions are called non verbal communication.

Written Communication: Conveying facts, Ideas or thoughts in writing is called written communication. For example: Letters, Articles, Notices and E-mails etc.

What is Organisation?

A consciously coordinated social unit composed of two or more people that functions on a relatively continious basis to achieve a common goal or set of goals.

MBWA : Management By Walking About (or Wandering Around)

OCEAN:

O : Openness to Experience

C: Conscientiousness

E: Extraversion / Introversion

A: Agreeableness

N: Neuroticism

Howard Gardner’s Seven (Original) multiple intelligences.

1. Linguistic (Word & Language)

2. Logical-Mathematical (Logic and Numbers)

3. Musical- (Music - Sound - Rhythm)

4. Bodily – Kinesthetic – (Body Movement Control)

5. Spatial – visual - (Images & Space)

6. Interpersonal – Other peoples feeling

7. Intra-Personal – Self Awareness

Q: What should the language of charge-sheet?

Ans: Language which is very commonly understood.

Q: Can alternate terminology be used while drafting charge-sheet?

Ans: No

What is ESI Scheme?

ESI is an Integrated social security Scheme tailored to provide social protection to workers in the organized sector and their dependents in contingencies, such as sickness, maternity or death and disablement due to an employment injury or occupational disease. The scheme tailored to suit health insurance requirements of workers provides full medical facilities to insured persons and their Dependants, as well as, cash benefits to compensate for loss of wages or earning capacity in different contingencies.

What is a Group?

A group is a collection of people who interact with one another, accept rights and obligations as members and who share a common identity.

A group includes:

• Formal social structure
• Face to face interaction
• Two or more persons
• Common fate
• Interdependence
• Self-definition as group members
• Recognition by others

There are two types of Groups: Formal and Informal

Formal Group: Work groups defined by the organization’s structure that have designated work assignments and tasks.

Appropriate behavior are defined by and directed toward organizational goals.

Informal Groups: Groups that are independently formed to meet the social needs of their member.

STAGES IN GROUP DEVELOPMENT:

FORMING > STORMING > NORMING > PERFORMING > ADJOURNING

: BARRIERS TO EFFECTIVE COMMUNICATION

Filtering

A sender’s manipulation of information so that it will be seen more favorably by the receiver.

Selective Perception

People selectively interpret what they see on the basis of their interests, background, experience, and attitudes.

Information Overload

A condition in which information inflow exceeds an individual’s processing capacity.

Emotions

How a receiver feels at the time a message is received will influence how the message is interpreted.

Language

Words have different meanings to different people.

Communication Apprehension

Undue tension and anxiety about oral communication, written communication, or both.

MCCLELLAND’S THEORY OF NEEDS

David McClelland has developed a theory on three types of motivating needs:

1. Need for Power

2. Need for Affiliation

3. Need for Achievement

Basically people for high need for power are inclined towards influence and control. They like to be at the center and are good orators. They are demanding in nature, forceful in manners and ambitious in life. They can be motivated to perform if they are given key positions or power positions.

In the second category are the people who are social in nature. They try to affiliate themselves with individuals and groups. They are driven by love and faith. They like to build a friendly environment around themselves. Social recognition and affiliation with others provides them motivation.

People in the third area are driven by the challenge of success and the fear of failure. Their need for achievement is moderate and they set for themselves moderately difficult tasks. They are analytical in nature and take calculated risks. Such people are motivated to perform when they see at least some chances of success.

McClelland observed that with the advancement in hierarchy the need for power and achievement increased rather than Affiliation. He also observed that people who were at the top, later ceased to be motivated by this drives.

LEADERSHIP TRAITS:

Ambition and Energy

The desire to lead

Honest and integrity

Self-confidence

Intelligence

High-Self monitoring

Job-relevant knowledge

DEFINITIONS:

CONDUCT AND MISCONDUCT

In personal life, conduct means conventional rules of social behavior. These are also called social etiquettes that are normally unwritten codes of conduct.

Etiquettes reflect our general upbringing and grooming

On the other hand, in professional life the conduct means adherence to rules and regulations as laid down by the company. As a definition, conduct means an orderly performance of work through proper compliance with the rules and regulations as framed by the company.

DISCIPLINE: Adherence to the rules of conduct is discipline

MISCONDUCT

Breach of discipline is called misconduct

In Simple words, misconduct means violation of any written rule of the company

DISCIPLINARY ACTION

The procedure of correcting or punishing associate whenever a written rule has been violated.

The prime purpose of disciplinary action is to correct a particular behavior.

Disciplinary actions normally follow a progressive process.

Steps:

• Verbal counseling
• Written Counseling
• Written reprimand (Warning)
• Final warning
• Suspension
• Discharge or Dismissal

Q: What is meant by “Burden of Proof”?

A: To take lead the evidence first

What is Grievance?

Grievance denotes any discontent or dissatisfaction, whether expressed or not and whether valid or not, arising out of anything, connected with the company that an employee thinks, believes or even feels, is unfair, unjust or inequitable.

Thank You

Bhuvnesh Singh

MSW

Welfare officer

09569780456