BY Soofi29
Personnel Management
Short-term Reactive Ad-hoc Managerial Compliance External Controls Pluralist Collective Low trust Bureaucratic Centralized Defined roles Specialist and / or Professional
Psychological Contract Control Style Employee relations perspective Preferred structures / systems Roles
Evaluation Criteria
Cost-minimization
Start-up
Growth
Maintain labor peace and employee motivation and moral
Maturity
Decline
Labor Set basic Employee employee Relations relations Philosophy and Organization
Control Maintain labor costs labor and peace maintain labor peace. Improve productivity
Source: Storey Sisson (1993,p.61), adapted from Kochan and Barocci (1985,p.104)
Legislation
1. Factories Act, 1934 / Payment of Wages Act. 1936 6. Industrial Relations Ordinance, 2002
7. Punjab Fair Price Shop 2. Apprenticeship ordinance, (Factories Ordinance, 1962 1971)
3. Provincial Employees Social Security Ordinance 1965 4. Standing Orders Ordinance, 1968 5. Companies Profits (Workers Participation) Act, 1968
Factories Act
1. Occupier Owner Ultimate Control Factory Manager Design: 2. Notice to inspector: Form-A (Rule-3) Name Of Factory- its situation-Nature Of Manufacturing. 5. 3. Health and Safety CleanlinessVentilation and Temperature: Circulation of Fresh Air-Temperature 6. reasonable. Over Crowding- 500 cft 7. Light Drinking Water-250-cooling and Urinal (Separately for Male / Female)-Spittoons-Periodical Medical-Checkup (July-Jan-Hygiene Card) Compulsory Vaccination Welfare Officer (Not Less than 500 Workers) Precaution Against Fire. 4. Working Hours (Weekly) Max: 48/Week-Daily 9 Hours Max.
Interval for Rest: Half an hour (Five hours working, One hour (After six hours working) Extra Pay Overtime: Twice ordinary rate of pay Holiday with Pay: Weekly Rest Annual 14 Consecutive Days (12 Months Continuous Service). Casual - 10 Days Sick - 16 Days / Half Pay Festival - As notified by Govt.
Cont..
Cont..
1.-- If the profit is Rs. 1,20,000.00 and the aggregate of the workmen is Rs. 30,000.00, the amount of bonus payable shall be not less than the aggregate of one months wages, that is to say, Rs. 30,000.00
Illustration 2.-- If the profit is Rs. 30,000.00 and the aggregate of one months wages of the workmen is also Rs. 30,000.00, the amount of bonus payable shall be not less than the thirty percent of the profit that is to say, Rs. 9,000.00].
(b) If the amount of the profit is less than the aggregate of referred to in paragraph (a), be not less than fifteen percent of such profit.
Misconduct
Something done or omitted to be done, which a man of Ordinary prudence would not have done or would not have omitted to do. Applicable: (S.O-15) General terms-20 or more workers commercial-20 or more.Industrial-50 or more. Compliance mandatory. Jurisdiction of Labour Court-Fair Enquiry.Punishment-quantemcommensurate with nature of fence. Where Law not Applicable-natural Justice not to be condemned unheard whether a legal provision or not (S.C).
b) c) d) e)
Willful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior. Theft, fraud, or dishonesty in connection with the employers business or property. Willful damage to or loss of employers goods or property. Taking or giving bribes or any illegal gratification. Habitual absence without leave or absence without leave for more than ten day.
f) Habitual late attendance. g) Habitual breach of any law applicable to the establishment. h) Riotous or disorderly behavior during working hours at the establishment or any act subversive of discipline. i) Habitual negligence or neglect of work.
Other Provisions
4) No Order of dismissal shall be made unless the workman concerned is informed in writing of the alleged misconduct within one month of the date of such misconduct or of the date on which the alleged misconduct comes to the notice of the employer and is given an opportunity to explain the circumstances alleged against him. The employer shall institute independent inquiry before dealing with charges against a workman. Provided that the workman proceeded against may, if he so desires for his assistance in the enquiry, nominate any workman employed in that establishment and the employer shall allow the workman so nominated to be present in the enquiry to assist the workman proceeded against and shall not deduct his wages if the enquiry is held during his duty hours.
5)
Where, for the purpose of conducting an inquiry into the alleged misconduct of a workman, the employer considers it necessary, he may suspend the workman concerned for a period not exceeding four days at a time so, however, that the total period of such suspension shall not exceed four weeks except where the matter is pending before an Arbitrator, a Labor Court, Tribunal or conciliator for the grant of permission Under Section 40 of the Industrial Relations Ordinance 2002. The order of suspension shall be in writing and may take effect immediately on delivery to the workman. During the period of suspension, the workman concerned shall be paid by the employer subsistence allowance of not less than fifty percentum of the wages. If the workman is found not guilty, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been suspended.
Enquiry
Explanation considered unsatisfactoryformal enquiry. Refusal to submit explanation-proceed. Notice-name of E.O, date, time, venue, charge sheet reference. Attendance inability-change date by E.O. Nominated workman employed-charges fully explained statement recorded/signed.
Enquiry
Other Points E.O senior-subordinate to punishing authority. No ground-change of E.O-not necessary to grant- Assistance of other workmen-can not act legal representative-nor xxxxxx prosecuiton.Produce defence-accusedrequest summon-accede.
Evidence
Confined to issue-hearsay-best evidencebeginning prosecution statement xxxxx all question-no-relevant only-no xxxxrecord.Defence statement-production of documents-findings-state facts-sum upcorraboration (1971 PLC 148)-reasoning-not justified recommendations-Employer approvalsupply copy of enquiry report(1972 PLC 327) supply prceedings(1972 PLC 392)
DISMISSAL PROCEDURE
For misconduct by an employee the following four steps procedure for dismissal from service S.O. 15(4) Charge sheet, explanation of the workman, independent inquiry, and award of punishment is compulsory:I. Written notice of alleged misconduct (charge-sheet) is given to a workman within one month. An opportunity is to be given to the workman to explain or respond to charges against him.
II.
III.
If employer is not satisfied with the explanation, he may suspend the workman and shall institute independent inquiry by appointing an Inquiry Officer to objectively determine whether the workman is guilty or not. Employer includes the manager as per section 2(c). If the workman is found guilty of misconduct in an inquiry report the employer can award punishment ranging from fine to dismissal. Approval of the employer is take in every case of dismissal. Where this four-steps procedure is not adopted it will amount to contravention of the provisions of the Ordinance
IV.
Trade Unions
Trade Unions and Freedom of Association-Art:17 of the constitution of the Islamic Republic Of Pakistan. Application for Registration:-President and General Secretary may apply duly signed. Requirement (a) Name Address- of Union (b) formation date (c) Titles, Names, Ages, Addresses and Occupation office bearers. (d) Total Membership (e) Name Of Establishment (f) Other Trade Union Registered in the establishment. (g) Three copies Union constitution with resolution authorizing P/G.S. to apply.
10. The commission (NIRC) shall not grant interim relief against any action mentioned in Section 63(d) of this Ordinance, (dismiss, discharge transfer etc).
b)
Who, being employed in a supervisory capacity draws wages exceeding rupees eight hundred per mensem or performs, either because of the nature of duties attached to the office or by reason of the powers vested in him, functions mainly of managerial nature]
Cont..
Management / Administration
In practice, the term management and administration are interchangeable, in recognition of the responsibility of mangers and administrators to plan, organize, direct and control the activities of those who make up the work team.
Administrative Functions
Transport Canteen Horticulture Janitorial services Procurement, supply & distribution of materials e.g. stationery Management of services Maintenance of building & equipment Receipt & dispatch of mail Managing budget for the above.
Management Functions
Planning Organizing Directing (Leading) Staffing Controlling Manager: The one who undertakes the task and functions of managing at any level in any kind of enterprise.
2. Recommending leave, punishment 6. Supervising the process to ensure and other actions for and against that the same is done technically workers (1971 PLC 196-Labor correct (1990 PLC 423 Tribunal) Court) 3. Recommending leave, issuing or charge sheet and transfer of workers (1981 PLC 625 Tribunal) 7. To sanction or recommend leave, to recommend increment and to make a report (1990 PLC 693Tribunal) 8. Application of mind and supervision of work done by other (1992 PLC 154-Tribunal)
I.R.O. 2002
Disqualification for being an officer of a trade union
Notwithstanding anything contained in the constitution or rules of a trade union, a person who has been convicted or any offence under Section 70 (for embezzlement or misappropriation of trade union funds) or of a criminal offence of heinous nature within the meaning of Pakistan Penal Code such as theft, physical assault, murder, attempt to murder etc shall be disqualified from being elected as, or from being a member or office bearer of a trade union.
Industrial Dispute
Means any dispute or difference between employers, and workmen or between workmen and workmen which is concerned with the employment or non-employment or the terms of employment or the conditions of work; and is not in respect of the enforcement of any right guaranteed or accrued to workers by or under any law, other then this ordinance, or any award or settlement for the time being in force;
EXTERNAL
Competitiveness
Legislation on Labor Laws
Govt. Policies
I.L.O. Conventions
INTERNAL
Climate
Mutual Trust and Confidence
MAJOR INFLUENCE
Labor Laws
Legislation by Government I.L.O. Conventions
Key factors which have played a dominate role in the evolution of industrial relations practices, polices and systems in various types of industrial enterprises within the country:
Type of Industry
LABOR LAWS
Since early seventees, most of the amendments carried in labor laws and enactments introduced, have been due to political expediency. Apart from causing difficulties, they have been hardly of any use to the employers. Resultantly, total compliance with these laws is neither practical nor possible.
CASE LAWS
The decisions given by courts are equally important in influencing the industrial relations policies and environment of undertakings. At times these have the potential of making or breaking an industry. A ruling, which is unfair to employers or creates further complications for them, will adversely affect the industrial relations.
MANAGERIAL STYLES
They vary in a family enterprises, a multinational company and a state enterprise. Even in a family enterprise it may vary from a paternalistic approach to a strict disciplinarian style. In a multinational company, management will strictly abide by their laid down principles but remain within the framework provided by laws of the land. In most of the state enterprises, managements are subdued and unions are supreme. They get equal share in running the affairs of a factory and become instrumental in its doom
TYPE OF INDUSTRY
It is unfair to believe that the behavior of employees in a high tech chemical plant and a textile or re-rolling mills will be similar. Nevertheless, the aggression in behavior of workers in difficult and strenuous work processes, may be reduced by improving their working conditions.
CONCLUSIONS
Legal Framework
Communication
Problem Solving
Welfare
Mutual Trust / Confidence
Disablement pension: On expiration of injury benefit as per rates notified. Disablement gratuity: Minor disablement rates notified. Survivors Pension: Death as result of employment injury, payable to dependents.
Contribution
Max. Employers Contribution pm
Rs. 350
Type of Scheme
Total Contribution pm
Rs. 350
Normal of Regular Scheme [section 20 (1), proviso] (7% of max. Rs. 5000 wages)
Self-Assessment (Optional) [section 20A (1)] (fixed rate irrespective of employees wages)
Rs. 210
Rs. 230
E.O.B.I.
APPLIES: Industry / establishment employing ten or more persons. Old age pension: Male over sixty years / female over fifty five years. Contribution paid for not less than fifteen years. Old age grant: Not entitled for pension . Contribution less than 15 but more than 2 years. Survivor pension: Death , 36 months insurable employment. Invalidity pension: Not less than 5 years contribution paid.
CONTRIBUTION
Type of Scheme Max. Employers Max. Workers contribution contribution pm (sec. 9) pm (sec. 9-B)
Rs. 240 Rs. 40
Total contribution pm
Rs. 280
Normal Scheme
(6% of max. Rs. 4,000/- wages) Self-Assessment Scheme Rs. 240 Rs. 40 Rs. 280
(optional scheme, flat rate irrespective of employees wages, no inspection for two years)
Applies: Workman employed on monthly wages not exceeding six thousand rupees. Compensation: Personal injury by accident in the course of employment. Total or partial disablement.
Partial disablement: Temporary reducing earning capacity. Total disablement: Incapacitates wholly capable of doing at the time of accident.
Exceptions:
Rate of compensation:
Drunk / Drugs influence. Violation of rule securing safety Willful removal of safety guard / device. Rs. 200,000(Death and permanent total disablement) Payment deposit with the commission. Compensation not to be assigned by operation of law.
Notice and claim (S/10) Report of fatal accident (S/10-B) Penalties ( S/18 A)