1.

ILO : -
International Labour Organization (ILO), specialized agency of
the United Nations (UN) dedicated to improving labour conditions
and living standards throughout the world. Established in 1919 by
the Treaty of Versailles as an affiliated agency of the League of Nations.
The ILO is a tripartite organisation with representatives from
governments, employers and employees’ part of the executive bodies.
The driving force behind the creation of the ILO was the idea that peace
could only really be achieved by social justice.
ILO structure consists of : -

■ 1. International Labour Conference

■ Governing Body
■ International Labour Office

IDA 1947: -
The Industrial Disputes Act 1947 came into operation on 1st April
1947 in India. It was enacted with the purpose of providing permanent
machinery for the settlement of industrial dispute which had become
common features due to the industrial unrest in the wake of post-war
problems arising out of constant strife between the employers and
employees.
Features of Disputes Act: -
⦿ The Industrial Disputes Act was passed in 1947 and it came into
force from 1st April 1947.
⦿  The Industrial Disputes Act, 1947 is applicable to the  industries
and certain categories of industrial workers
⦿ The Industrial Disputes Act lays down a comprehensive machinery
for the prevention and settlement of industrial disputes
⦿  The Industrial Disputes Act embodies both substantive and
procedural law aimed at promoting industrial peace and preventing
industrial disputes.
⦿  The main object of the Act is to harmonize the relations between
employer and employees so as to maintain industrial peace and
hence ensure Social Justice.
⦿ It empowers the government to make a reference of the dispute to
an appropriate authority viz.,  Labour Court,  Industrial
Tribunal and National Tribunal depending upon the nature of the
dispute besides making a reference by the government on the
request of the parties.
⦿  The Award given by the above authorities bind the parties for a
specified period not exceeding 1 year. The award is normally
enforced by the government concerned.
⦿ The right to strike by the workers and Lockout by the employers
has been subjected to the restrictions as laid down in the Act and
such rights are not absolute rights.
⦿ The act is a piece of legislation calculated to ensure Social justice
to both the employers and the employees and advance the progress
of the industry by bringing about harmony and cordial relationship
between the parties.
Industrial Dispute: -
The preamble is to make provision for the investigation and settlement
of Industrial Dispute.
⦿ A dispute or difference between (a) employers and employers, (b)
employers and workmen, (c) workmen and workmen.
⦿ The dispute or difference should be connected with (a)
employment or non-employment (b) terms of employment (c)
conditions of labor of any person.
⦿ The dispute may be in relation to any workmen or any other person
in whom they are interested as a body.

Importance of ILO : -
● Regulation of working hours
● Regulation of labour supply
● Protection of workers who are ill or injured due to work
● Protection of children, adolescents and women.
● Up-holding the principle of freedom of association
● Organization of technical and vocational training to meet labour
demands.
● Up-holding the principle that pay should equal the value of the
work.
● Provisions for pension and social security
● Promote and realize standards and fundamental principles and
rights at work.
● Generate greater opportunities for women and men to secure
decent employment and income.
● Improve the coverage and effectiveness of social protection for all.
● Reinforce tripartiate system and mediate negotiation, consultation
and exchange of information between, the three stakeholders on
issues of common interest
Importance of IDA: -
⦿ To promote measures for securing and preserving amity and good
relations between employers and the employees.
⦿ To provide suitable machinery for investigation and settlement of
industrial disputes between employers and employees, between
employers and workmen, or between workmen and workmen with
a right of representation of trade union or by an association of
employees.
⦿ To prevent illegal strikes and lock-outs.
⦿ To provide relief to workmen in matters of lay-off, retrenchment,
wrongful dismissals and victimization.
⦿ To give the workmen the right of collective bargaining and
promote conciliation.
⦿ To ameliorate the conditions of workmen in industry.
Functions of The Governing Body of ILO: -
⦿ Set the agenda of the ILC
⦿ Select the Director General of the ILO
⦿ Draw up the programme and the budget of the Organization
⦿ To Collect and disseminate information on Labour
⦿ To carry out studies
⦿ To execute technical co-operation
⦿ To publish studies and reviews
⦿ To provide secretariat for meetings

Q.2 Trade Union Act 1926

Definition
The British Trade Union Act views that, “A trade union is a combination with the main objective
of regulating the relation between workmen and masters or between workmen and workmen
or between masters and masters.”
In the words of Indian Trade Union Act,1926, “a trade union is any combination whether
temporary or permanent, formed primarily for the purpose of regulating relations between
workmen and employers or between workmen and workmen, between employers and
employers or for imposing restrictive conditions on the conduct of any trade or business.”

The trade unions in India are governed by the Trade union Act 1926,
Brought into operation on from 1st June 1927,
This Act was enacted to accord protection to the Union Leaders for the acts done by them in
connection with the legal trade union activities.
The object of the act is to
 Provide the procedure for registration of a Trade Union.
 make provisions for the registration of Trade Unions formed by the workers to protect
their legitimate rights while fighting with employers.
 Verification of the membership of trade unions registered so that they may acquire a
legal and corporate status.

Function (ANY 4 IS FINE)

Primary function: to protect and promote the interest of the workers and the conditions of
their employment.
Major functions
1. To achieve higher wages and better working and living conditions for the members.
2. to generate self confidence among the workers.
3. To encourage sincerity and discipline among workers.
4. To take up welfare measure for improving the morale of the workers
5. To secure fair wages for workers
6. To safeguard the security of tenure and improve conditions of services.
7. To enlarge opportunities for promotion and training
 8. To improve working and living wages.

TRADE UNIONS IN INDIA (ANY 5)

1. All India Trade Union Congress (AITUC)
2. Bhartiya Mazdoor Sangh (BMS)
3. Center of India Trade Unions (CITU)
4. Self Employed Women’s Association (SEWA)
5. Hind Mazdoor Sabha (HMS)
6. Hind Mazdoor Kisan Panchayat (HMKP)
7. National Labor Organization (NLO)
8. Indian National Trade Union Congress (INTUC)
9. United Trade Union Congress (UTUC)
10. United Trade Union Congress – Lenin Sarani (UTUC-LS)

Q.3 POSH ACT 2013

Prevention Of Sexual Harassment of women at work place.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 is a legislative act in India that seeks to protect women from sexual harassment at their
place of work.
This statute superseded the Vishaka Guidelines for Prevention of Sexual Harassment (POSH)
introduced by the Supreme Court (SC) of India.
The Act defines sexual harassment quite widely and also includes ‘quid pro quo’ harassment
such as promises of advancement in return for sex.
Sexual harassment does not have to involve physical contact but could for example, include
sexual remarks, sexuality explicit pictures or screensavers and inappropriate advances made
directly or via social networking sites.
The Act utilizes the concept of the extended workplace in addition to the office of the employer
or employee, any place visited by the employee arising out of or during the course of
employment, including transportation provided by the employer for the purpose of commuting
to and from the place of employment.
Importance of the Act
• The Act propelled India to a select league of nations that has outlawed workplace sexual
harassment through national legislation.
• The Act along with the Rules aims to foster a safe and secure a safe environment for
women by preventing, protecting and redress instances of sexual harassment at
workplaces in India.
• It introduced an Internal Complaints Committee (ICC) at every workplace.
Genesis of the POSH Law
 Although Women in India are recognized and granted protection under the Constitution of
India.

 State of Rajasthan observed that equality in employment cannot be achieved if women

are subjected to gender specific violence at the workplace such as sexual harassment.
 Originated from the Vishaka Guidelines. These guidelines were formulated after the
landmark case Vishaka and others v. State of Rajasthan. This case was brought to the
Supreme Court because of the sheer inability of the High Court of Rajasthan to provide
justice to Bhanwari Devi who was part of Women's Development Program of the
Rajasthan Government. She was brutally gang raped for stopping a child marriage being
conducted in a town. This was a part of her duties as a member of the Development
Program to stop any illegal activity conducted against children and women. Moreover,
this Act uses the definition of sexual harassment laid down by the Supreme Court in
Vishakha and others v State of Rajasthan.
POSH in HR
 POSH Training is the right move.
 POSH Training programs are usually designed in such a way that it is beneficial to the
employees the organization and all the parties associated with the Organization.
 The law mandates that every company must have a POSH policy (ie. An anti-sexual
harassment policy for prohibition, prevention and redressal of sexual harassment at
the workplace and to promote gender sensitive safe spaces and remove un-denying
factors that contribute towards a hostile work environment against women.

Vishaka Case & Guidelines (Read to understand the background of POSH Act in India)
Vishaka and others v State of Rajasthan was a 1997 Indian Supreme Court case where
Vishaka and other women's groups filed Public Interest Litigation (PIL) against the state of
Rajasthan and the central government of India to enforce the fundamental rights of working
women under Articles 14, 19 and 21 of the Constitution of India. The petition was filed after
Bhanwari Devi, a social worker in Rajasthan was brutally gang raped for stopping a child
marriage.
The court decided that the consideration of "International Conventions and norms are
significant for the purpose of interpretation of the guarantee of gender equality, right to
work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the Constitution and the
safeguards against sexual harassment implicit therein." The petition, resulted in what are
popularly known as the Vishaka Guidelines.

Q.4 Maternity Benefit Act 1961

 The act protects the employment of women during the time of her maternity and
entitles her of a maternity benefit (i.e. Full paid absence from work- to take care for
her child.)
 The Act is applicable to all establishments employing 10 or more employees.
Amended Act 2016
 Crèche (Nursery or day-care at the office) facility permits the mother to look after
the child even during work.
 It facilitates adoption. (Benefits extended to mothers who go for adoption)
 Mothers get time to recuperate before she gets back to work.
 Mothers get time for exclusive breast feeding the child.

Eligibility
As per the act to be eligible for maternity benefit,
 a woman must have been working as an employee in an establishment for a
period of at least 80 days within the past 12 months immediately preceding the
date of her expected delivery.
 Payment during the leave period is based on the average daily wage for the
period of actual absence.
  Go-slow: The workmen do not stay away from work, they do come to their
work and work also but with slow speed in order to lower down the production
and thereby cause loss to the employer.
 Sympathetic Strike: It aims to encourage or extend moral support to or indirectly to aid
the striking workmen.
 Hunger Strike: Group of workmen resort to fasting on or near the place of work or the
residence of the employer with a view to coerce the employer to accept their
demands.
 Work to Rule: Strictly adhere to the rules while performing their duties which
ordinarily they do not observe.

5) The Indian Constitution:

The Indian Constitution was drafted by the constituent assembly, passed on 26th
November 1949 and came into effect on 26th January 1950.
Basic features –
 World’s longest constitution and also written constitution –
Currently it has 448 articles, 12 schedules, 22 parts and 108
amendments made.
 It is borrowed/taken from various sources
 Federal system with unitary features – includes federal
characteristics like dual government, division of powers between
judiciary, executive and legislature, constitution is supreme,
independent judiciary and bicameralism. It also includes unitary
characteristics like strong center, emergency provisions, All India
services common to both center and state.
 Parliamentary form of government – distinction is made between
nominal and real executive head, close relations between executive
and legislature, council of ministers responsible before Lok Sabha,
tenure of Council of ministers is not fixed
 Bi-cameral legislature - According to Article 168 for every state
there shall be legislature which shall consist of Governor and
legislative Council and legislative assembly. Article-169 provides for
the abolition and creation of Legislative Council which is known as
the upper house of State Legislature and at present there is bi-cameral
 legislature in the states of Bihar, Maharashtra, Andhra Pradesh,
Karnataka, Uttar Pradesh and Jammu and Kashmir whereas there is
one house in all other states.
 Single-Integrated judicial system - The entire judicial system of
India is organized into an hierarchical order. Supreme Court is at the
top of judicial administration below that there are high courts at the
state level and there are district courts at the district level. All the
courts of India are bound to accept the decisions of the supreme court.
 Independent Judiciary - The constitution of India makes provisions
for the independence of judiciary because only independent judiciary
can safeguard the rights and liberties of the people, can protect the
supremacy of the constitution-
1. An impartial method has been adopted for the appointment of the
judges
2. High qualifications have been fixed for the judges
3. The judges of the Supreme Court stay in office till 65 years of age and
of High courts till 62 years of age
 Rigid and flexible – Amendment is possible by simple majority,
special parliamentary majority and special parliamentary majority
with ratification by half of the states.

Fundamental Rights –
* Fundamental rights have been included into the chapter 3rd of the
constitution from Article- 12 to 35

* Right to Equality – Equality before law (Art. 14)

* Art. 15 states that state shall not discriminate against any citizen on
the grounds of only religion, cast, sex, place of birth, or any of them.

* Art. 16 states that no citizen shall on the grounds only of religion,

caste, sex, descent, place of birth, residence, be ineligible for or
discriminated against in respect of any employment or office under
the state (Equality of opportunity in public employment)

* Art. 17 – Abolition of untouchability in any form

 * Art. 18 – Abolition of titles except military and academic distinctions

Right to Freedom – guarantees to citizens of India six Fundamental

Freedoms: 1) Freedom of Speech and Expression, 2) Freedom of Assembly,
3) Freedom to form associations, 4) Freedom of Movement, 5) Freedom to
reside and to settle, and 6) Freedom of profession, occupation, trade, or
business.

Right Against Exploitation - Article 23 prohibits traffic in human beings,

women, children, beggars or other forced labour militate against human
dignity. Article 24 prohibits employing children below the age of 14 years in
any hazardous profession. This right followed the human rights concepts and
United Nations norms.

Right to Religious Freedom - Articles 25 and 26 embody the principles of

religious tolerance and serve to emphasize the secular nature of Indian
democracy, i.e. equal respect to all religions. Article 25 offers freedom of
Conscience and Free Profession, Practice and Propagation of Religion
whereas Article 26 helps to manage religious affairs, which is subject to
public order, morality and health, every religious denomination or any
section.
* Article 27 provides freedom not to pay taxes for religious expenses on
the promotion or maintenance of any particular religion. Article 28
prohibits religious instructions in educational institutions wholly
maintained by the state.

Cultural and Educational rights - Article 29 provides protection of the

interests of minorities. A minority community can effectively conserve its
language, script, or culture by and through an educational institution. Article
30 states the rights of minorities whether based on religion or language to
establish and administer educational institutions.

Right to Constitution Remedies - Rights, in order to be meaningful, must be

enforceable and backed by remedies in case of violation. This article
guarantees the right to move the Supreme Court by appropriate proceedings
for the enforcement of Fundamental Rights and deals with the Supreme
Court’s power to issue order or writs for the enforcement of Fundamental
Rights.
Various sources from which the constitution is drawn –
* The objective of the Constituent Assembly was not to enact an original
constitution rather to enact a good and workable constitution. The assembly
evaluated the constitutions of other countries and whatever good they found
in these constitutions, they included in their own constitution.

Parliamentary Government and Rule of Law are the influences of the British
Constitution.

The Fundamental Rights and the special position of the judiciary is the
influence of the constitution of U.S.A

The Directive Principles of State Policy have been borrowed from the
constitution of Ireland.

The Federal system of India is the influence of Canadian Constitution.

The method of the amendment of the constitution and the method of the
election of the members of Rajya Sabha have been borrowed from the
constitution of South Africa.

The Emergency powers of the President are the influence of the Weimer
Constitution of Germany.

6) Discipline - Industrial discipline can thus be defined as “the orderly conduct of

affairs by the members of an industrial organization who adhere to its necessary
regulations because they desire to co-operate harmoniously in forwarding the end
which the group has in view and willingly recognize that to do this, their wishes
must be brought into a reasonable union with requirements of the group in action.”
Objectives of discipline –
• To achieve general willingness for accepting rules, regulations and
procedures of organisation from its employees so that organisational
objectives can be accomplished.

• To accept responsibility and receive direction

 • To develop sense of cooperation and integrity in spite of diverse views and
opinions.

• To make employees tolerant.

• To maintain good industrial relations.

• To build up high morale among employees.

• To increase productivity.

• To inculcate the feeling of mutual respect

7) Strikes – One of the most powerful weapons in labor’s arsenal is a strike.  Like
most powerful weapons there is a dichotomy in a strike. On one hand, it can bring
about concessions from management that labor seeks.  On the other hand, it can
permanently change the relationship between management and labor.  However,
one thing is certain, strike are – to put it mildly – chaotic.
• Lawful strikes are those that occur at the conclusion of a collective
bargaining agreement and relate to economic conditions (an economic
strike) or arise from an alleged unfair labor practice the employer has
committed (an unfair labor practice strike).  Workers can also potentially
lawful strike over unsafe workplace conditions.  Unlawful strikes are those
which endorse violence, block workers from entering a facility, or promote
unfair labor practices.

• At the conclusion of the economic strike, the striking working is not entitled
to unconditionally receive her old job back.  Instead, she is placed on a
preferential hiring list.  On the other hand, if the strike is an unfair labor
practice strike, the employer may only hire temporary replacement workers. 
At the conclusion of the unfair labor practice strike, the striking workers are
entitled to their old positions back if they make an unconditional offer to
return to work.

• Strikes are tough on employers, unions, and employees who brave the
elements to stand up for workplace values. There are no wrongs or rights in
strikes, but laws do protect the interests of all involved. Employees
 concerned about strike pay, employers concerned about legalities, and
unions that wish to remain compliant would find retaining an attorney
beneficial during any contentious argument.

Types of strikes –
 General Strike: A general strike is one where the workmen join
together for common cause stay away from work, depriving the
employers of their labour needed to run his factory.

 The general strike is for a longer period.

 It is generally resorted to when employees fail to achieve their object

by other means including a token strike which generally precedes a
general strike.

 Stay-in-strike: It is also known as ‘tools-down-strike’ or ‘pens-down-

strike’. It is that form of strike where the workmen report to their
duties, occupy the premises but do not work.

 Go-slow: The workmen do not stay away from work, they do come to
their work and work also but with slow speed in order to lower down
the production and thereby cause loss to the employer.

 Sympathetic Strike: It aims to encourage or extend moral support to or

indirectly to aid the striking workmen.

 Hunger Strike: Group of workmen resort to fasting on or near the

place of work or the residence of the employer with a view to coerce
the employer to accept their demands.

 Work to Rule: Strictly adhere to the rules while performing their

duties which ordinarily they do not observe.

Grievances - An employee grievance is a concern, problem, or complaint that an

employee has about their work, the workplace, or someone they work with this
includes management.
* Something has made them feel dissatisfied, and they believe it is unfair
and/or unjust on them.

Objectives of Grievances –
1. To enable the employee to air their grievance

2. To clarify the nature of the grievance

3.  To investigate the reasons for dissatisfaction

4. To obtain, where possible, a speedy resolution to the problem

5. To take appropriate actions and ensure that promises are kept

6. To inform the employee of their right to take the grievance to the next stage
of the procedure, in the event of an unsuccessful resolution

Types –
▪ Pay & Benefits

 Employee might mention

 That they want a higher salary.

 They think they should be earning as much as somebody who does a

similar job in the organization.

 They might be trying to receive expenses—such as for their commute.

▪ Bullying grievances

 It's inevitable that members of staff in your workplace just won't get on

 Ensure that you give everyone your anti-bullying and anti-harassment

policies, and always email any updates or revisions.

 Working conditions grievances

 Nobody wants to lose a valuable employee because of problems with

their workplace conditions. It's up to us to prevent this.
  Cleanliness on the office floors or in the kitchen.

 Desk etiquette.

 Bathroom conditions.

 Health and safety hazards.

▪ Workload Grievance

 Typical situations that cause problems with employees are:

 Increasing your employee's workload when another employee leaves,

rather than finding a replacement.

 Increasing an employee's workload because you've made other staff

redundant to cut costs.

Procedure –
1) Grievances are brought to the employee’s immediate supervisor. This may
be either an informal process or the beginning of the formal process.
Generally, there will be a requirement that the grievance be submitted in
writing using a grievance form. Usually, the supervisor and the union
representative will review the grievance to determine whether it is valid.
Also, most grievance procedures will require that the submission occur
within a specified timeframe following the event or incident.

2) The next step typically involves the next level of supervisor in the company
hierarchy. In most union environments, the employee will be represented by
the union and is not present in the review process. A failure to resolve the
grievance will lead to the next step in the grievance process.
3) The third step in the process will lead to a review by a higher level of
company management and potentially a higher-level union representative.
Ultimately, the grievance may reach the highest levels as set forth by the
contract.
If not resolved here, outside arbitrator may be called in.