Machinary act

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MACHINERY OF LABOR WELFARE IN INDIA
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• Social security is an important welfare measure
  for working class.
• It helps labors at the time of illness,
  accidents, invalidity and other hardship of life
• To run the social security and labor welfare
  schemes efficiently, Machinery is needed. Because
  without any effective administrative set up it is
  very hard to run these schemes.

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Evolution of Machinery

• Before independence Britishers were not much
  concerned to improve the conditions of workers.
  But after independence Indian Government did it.
• Industrialization carries various problems
• The Fatal Accident Act 1885, The Merchant
  Shipping Act1859, The Factories Act 1888 1911,
  the Mines Act

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Continued

• In 1920 Special Post of Labor Commissioner
  created in Madras and Bengal
• 1920 Central government set up Bureau to promote
  certain coordination between central and province
  
• 1921 Government of Bombay also followed to suit
  by setting up a Labors Commissioners office
• The Bureau abolished in 1923
• 1929 Royal commission on labor and its
  recommendations accepted by government.

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Accidents

• An accident is an unplanned and uncontrolled
  event which causes or cause likely to an injury
• It is something which is unexpected, unpredicted
  or not desired
• An accident may cause as a result of some unsafe
  activity, act, working condition etc.

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Industrial Accident

• An accident or occupational accident is an event
  of accident that suddenly occurs when one or more
  no. of employees placed in plant.

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Types

• According to Length of Recovery
• According to Nature of Injury

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Categories of Accidents

• Minor accidents-
• Reportable
• Fatal
• Due to dangerous occurance

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Minor

• Less harmful
• Preventing worker from working for the period of
  less than 48 hours from time of accidents
• These accidents are not reported to top
  management
• Easily controlable

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• Little complicated
• Prevent more than 48 hours
• Supervisor responsible to report to the top
  management and arrange another worker so that the
  production could not e affect

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Dangerous

• Occurs due to,
• Bursting of vessel for containing steam under
  pressure greater then atmospheric pressure
• Failure of crank or other appliances
• Explosion of fire causing damage
• Explosion of gas or liquid

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Causes of Accidents

• Technical unsafe condition- Mechanical and
  environmental factors
• Human Unsafe acts-Personal Factors

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ISO 14001

• Is an Internationally accepted standard that sets
  out a framework of essential elements for putting
  an effective EMS in place
• The standard is designed to address the delicate
  balance between maintaining profitability and
  reducing environmental impact. With the
  commitment of entire company, it can enable to
  achieve both objectives

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• It is for,
• Single site to large MNCs
• High to Low risk service companies
• Manufacturing, process and the service industries
  including local government
• All industrial sectors including public and
  private sectors
• Original equipment manufacturers and their
  suppliers

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ISO 14001 simply

• Plan- your approach
• Do- Undertake an action
• Check- it is working
• Act- taking corrective actions

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EMS
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• EMS refers to the management of an organizations
  environmental programs in a comprehensive,
  systematic, planned and documented manner.
• It includes organizational structure, planning
  and resources for developing, implementing and
  maintaining policy for environmental protection.

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• More formally EMS is a system and database which
  integrates procedures and processes for training
  of personnel, monitoring, summarizing and
  reporting of specialized environmental
  performance information to internal and external
  stakeholders of a firm

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Trade Unionism

• A Trade Union is a continuous association of wage
  earners for the purpose of maintaining or
  Improving the conditions of their lives.
• A TU means an association of workers in one or
  more professions an association carried on mainly
  for the purpose of protecting and advancing the
  members Economic interest in connection with
  their daily work

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Philosophy

• Industrial Revolution 1760 in great Britain
• 1820-1840 Transition Period Hand production
  methods to machines, chemical, iron industries
  formed
• Textile dominating
• The Industrial Revolutions major impact was
  Standard of Living is increased consistently in
  the History First time
• GDP per Capita was broadly stable before IRev.
• Increase in capitalist economy
• Structural Change from Agriculture to Industry
• Mechanized textile Production

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• The majority of textile workers during Ind Rev
  were Unmarried women and Children including
  orphans and worked for 12-14 hrs
• Class Struggle
• The Trade Union Through its Leadership, bargains
  with the EMPLOYER on behalf of UNION members and
  negotiates labor contract (collective bargaining)
  with employers.
• The most common purpose of these associations or
  Unions is maintaining or improving the
  conditions of their employment

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TYPES OF TU

• Reformist

• Revolutionary

• Aim at the preservation of the capitalist society
  and maintenance of the usual Employee-Employer
  Relationship, elimination of competitive system
  of production

• Aim at destroying present structure completely
  and replacing it with new and different
  institutions according to the ideas that are
  regarded as preferable

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Objectives of TU
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• Service To Members
• Education and training
• Legal assistance
• Financial Discount
• Welfare benefits

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Functions of TU
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MILITANT
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FRATERNAL

• To take up welfare measures for improving morale
  of the workers
• To generate self confidence among workers
• To encourage sincerity and discipline among
  workers
• To provide opportunities for promotion and growth
  
• To protect women workers against discrimination

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INTRAMURAL

• Intramural refers to welfare schemes and
  activities within the framework of factory
  premises ( safety, secure working environment,
  minimum wages, minimum working hours, and leave
  with wages)
• Extramural refers to the welfare schemes outside
  the factory premises( medical assistance, health
  care and education etc.)

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ROLE OF TU

• Sectional Bargainer Interest of Labors at all
  levels plant, industry, national level)
• Class Bargainer
• Agents of state
• Partners in social control
• Unions role
• Business oriented Role
• Unions as Change agent
• (Adopting the model of Prof. Clark Kerr, union
  assumes above roles)

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Problems of Trade Unions

• Uneven growth Industry wise and area wise
• Financial weakness
• Multiplicity of Unions and Inter-Union Rivalry
• Leadership Issue
• Politicization of Unions
• Problem of Recognition of Trade Union

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Trend and Challenges
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Change in TU
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Impact of ILO

• At the end of World war I, a Peace Conference was
  convened which led to the creation of the ILO in
  1919
• As an original signatory to the Treaty of Peace,
  India became a member of an ILO in 1919
• ILO one of the specialized agencies of UN
• 1920-1930 face problems due to economic crisis
• June 1944 conference at Philadelphia to consider
  programs and policies to be pursued after WAR II
• The purpose and aim of an ILO redefined in the
  form of Declaration- The Declaration Philadelphia
  

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Declaration

• Is based on the following principles
• Labor is not commodity
• Freedom of expression and of association are
  essential for sustained progress
• Poverty anywhere constitutes a danger to
  prosperity everywhere
• The war against want requires to be carried on
  with unrelenting vigor by each nation and
  continuous and concerted international effort in
  which representatives of workers and employers,
  enjoying equal status with those of governments,
  join a free discussion and democratic decisions
  with a view to promoting the welfare of common
  man.

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Aims

• To remove the hardship and privations of the
  toiling masses all over the world and to ensure
  economic justice for them and
• To improve their living and working conditions as
  a vital step towards establishment of a universal
  and lasting peace based on social Justice

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ILO

• Is tripartite body consisting of ,
  Representatives of Government, Employers and
  workers of member countries in the ration of
  211
• International Institute of labor Studies was
  established in 1960 Centre for advanced studies
  in the Social and Labor field.

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Principal Organs of ILO
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ILO Divided Into 3 Parts
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THE MAHARSHTRA RECOGNITION of TRADE UNIONS of
Prevention OF UNFAIR LABOR PRACTICES ACT 1971

• The act deals with ULP on the part of trade
  unions and employers also.
• ULP are prohibited

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Unfair Labor Practices on the part of Employers

• 1. To discharge or dismiss employees
• By way or victimization
• Not in good faith but in the colorable exercise
  to the employers rights
• By falsely implicit an employee in a criminal
  case on false evidence or on concocted evidence
• For patently false reasons
• Untrue or trumped allegations of absence without
  leave
• In utter disregard of the principles of natural
  justice in the conduct of domestic inquiry or
  with undue haste
• For misconduct of a minor or technical character
  without having any regard to the nature or the
  past record of service so as to amount to a
  shockingly disproportionate punishment

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• 2 . To abolish the work of a regular nature and
  to give work to contractors as a measure of a
  breaking a strike
• 3. To transfer an employee mollified from one
  place to another under the guise of following
  management policy
• 4. To insist upon individual employees who were
  on legal strike to sign a good conduct bond as a
  precondition to allowing them to resume work
• 5.To show favoritism or partiality to one set of
  workers regardless of merits
• 6.To employ employees as Badalis, casual or
  temporary and to continue them as such for years
  with the object of depriving them to the status
  and privileges of permanent employees

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• 7. To discharge or discriminate against any
  employee for filing charges of testifying against
  an employer in any inquiry or proceedings
  relating to any industrial disputes
• 8. To recruit employees during a strike which is
  not an illegal strike
• 9. Failure to implement award, settlement or
  agreement
• 10. To indulge in Act of force of violence