05 session02-trade unions in india

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    Session 5

    Labour Unions and collective bargaining

    "Trade Union" means any combination, whether temporary or permanent,

    formed primarily for the purpose of regulating the relations betweenworkmen and employers or between employers and employers, or forimposing restrictive conditions on the conduct of any trade or business

    Trade unions are formed to protect and promote the interests of theirmembers. Their primary function is to protect the interests of workers

    against discrimination and unfair labor practices Objectives

    Representation

    Negotiation

    Voice in decisions affecting workers

    Member services(a) Education and training

    (b) Legal assistance

    (c) Financial discounts

    (d) Welfare benefits

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    Reasons for joining trade unions

    Greater Bargaining Power

    Minimize Discrimination

    Sense of Security

    Sense of Participation Sense of Belongingness

    Platform for self expression

    Betterment of relationships

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    Types of Trade unions

    Altruistic Trade unions

    To take up welfare measures for improving the morale of 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 Selfish trade unions

    (a) To achieve higher wages and better working conditions

    (b) To raise the status of workers as a part of industry

    (c) To protect labors against victimization and injustice

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    Theories of trade union

    Freeman and Medoff (1984)

    The monopoly Increases the members wages over the market wages

    Restrict the labour supply

    Compels to substitute capital for labour

    Better quality of labour

    Misallocation of resources

    Greater inequality within the workforce

    Block technological change

    Inflexibility in the labour market

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    The Collective voice

    A positive economic, political and social effects Development and retention of specific skills

    protect the interests of lower income groups

    Smaller the wage inequalities within the income groups Fairness in conflict

    Neutral third party arbitration

    Theories of trade union (contd)

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    Trade union in India-Background

    Beginning of Industrialization American civil war from 1861to 1865

    Opening of Suez Canal in 1869

    Main events in the industrialization process First textile mill in Bombay in 1853

    First jute mill in Calcutta in 1855

    First railway track

    Mobility (rural to industrial cities) number of factories and workers

    Number of registered factories 653 and workers 3,16715 (1892)

    By the end of the century, factories-1,207 and workers 548956

    Working and living conditions Housing problems

    Working conditions in the factories

    No holiday, and no fixed payment

    Closed and unventilated area

    Lay off without notice

    Inhuman conditions

    Labour movement

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    Forms of Protest

    Various forms of protest Tendering mass resignation Holding public meetings Militant way of protest (Strikes)

    Strikes Ahmadabad in 1895 Jute mill in Calcutta, 1895

    Birth of Labour movement Two strikes every year in each factory The protest by railway employees against the delay in payment The Employees and Workmens Disputes Act, 1860 (one of the first labour laws in India) Indian Factory Act of 1881-provisions of the act were not up to the expectations of workers

    Stiff opposition from workers Bombay Government - Commission in 1884 NM Lokhandeythe first labour leader in India Bombay Millhands Association, 1890; the first labour organisation Deenbandhu

    Weekly holiday on Sunday The founder of the labour movement in India

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    Some Major Strikes

    Beginning of the 20th century Acute shortage of skilled labour-widespread occurrence of the epidemic of plague

    Competition Against electricity

    Working hours 14 to 15 hours A number of strikes in the textile millsBombay Millowners Assoication: 13 hours

    Six-day strike of Bombay workers in July 1908 (Lokmanya Tilak)

    22nd

    July 1908 -15 persons were killed Ahmadabad strike

    Year 1917Anasuyaben Sarabhai Payment of plague allowance

    Went on strike from 4th December (Labour Day)

    Millownersa wage increase of 20 per cent as against workers demand of 50%

    Gandhijis intervention (wage rise 35 per cent) Famous Trade Union: Textile Labour Association

    Sholapur strike 28th January 1920 (higher wages) 16th Februarymeeting at the gate (a large number of workers were injured)

    17

    th

    marchworkers started joining work Historic strike of Buckingham and Carnatic mills (B.P Wadia)

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    1920s

    All India Trade Union Congress (AITUC)

    First session of ILO in 1919 16th July 1920NM Joshi

    30th October 1920founding conference

    Resolutions adopted

    Indian Trade Unions Act, 1926

    NM Joshi, member of the Central legislative Assembly-legalise trade unions Trade Unions Act passed in 1926

    Provisions of the Act

    Any trade union with minimum seven members can apply for registration

    Unions went up to 75 with a membership of 1,81,077 Amendment of Act in 2001 (the figure raised to 100 from 7 members or 10

    percent of the workforce in the plant)

    General strike of Textile workers (1924)-over the issue of bonus

    A A Alwe

    Girni Kamgar Mahamandal (union)

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    Entry of Communists in the labour movement

    The year 1928

    The biggest strike of textile workers in Bombay Held under the leadership of A A Alwe

    The issue-rationalise work, cut down labour cost

    Started 15th April, spread to other mills by 26th

    Major demands

    No wage reduction Wage increase Standardization of work conditions Formation of service rules

    The strike continued for five months

    A committee of enquiry The strike was withdrawn on 6th October

    A new unionBombay Girni Kamgar Union

    The strike was led by the activists of the communist party of India (S A Dange,

    Mirajkar, Nimbkar)

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    Major developments during 30s and 40s

    Recession and its impact on working class Curtailment of production Rationalization and wage cuts

    Split in the movement

    The short congress rule General election in 1937 Congress, except in Punjab and BengalState initiatives

    Bombay Industrial Disputes Act of 1938 Outbreak of second world war

    Boost to Indian Industries

    Quit India Movement in 1942 (message to nation-do or die)

    Attitude of communists

    Postal strike: 10th July 1946immediate revision of pay scales Strike by armed forces

    Started in one royal navy ship 19th February 1946 A mutiny against the British Government

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    Phase 1 (1950-1960) A period of national capitalism

    Import substitution

    Increase in public sector employment Setting up of public enterprises

    Rise of public sector unionism

    Two trade unions (INTUC and AITUC) Unions are highly centralised

    Average economy growth 2.3 per cent

    Average employment growth rate (1951-56) 0.4 per cent

    The registered trade unions 4,623 (1951-52); 11,614 (1961-62)

    Industrial disputes act (1947) single most piece of legislation between

    workers and employers (no legal strike)

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    Phase 1 (1950-1960) A period of national capitalism

    Started state-driven industrialization

    Controlled labour movement State has a role in the determination of wages

    State knew more about workers needs

    Industry level unions in some regions like Mumbai By the end of the first phase, socialists broke away from congress

    Hindu Mazdoor Sabha

    Indiachina conflict

    The radicals broke away from CPI, and formed CPI Marxists

    New Trade unionsCITU (Centre for Indian Trade Union)

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    Phase 2 (1960-79)

    3rd, 4th and 5th five year plans

    Inflation was at danger mar (10%) in1966-67 food inflation was at 20 %, it was worsened in 1973-74

    Slowdown of public investment

    Unequal terms of trade Income inequalities

    Oil price shocks in 1973

    Increase in the number of industrial disputes

    New forms of protests (Hartals and Bandhs)

    Proliferation of trade unions

    Inter-union rivalry increased (industrial disputes by union type)

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    Phase 2 (1960-79) Summary

    Economic slowdown

    Political turmoil Slowdown in employment

    Declining real wages

    Massive strikes and industrial conflicts

    Inter-union rivalries

    Multiple unionism

    New Trade Unions (HMS and CITU)

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    Phase 2 (1960-79)

    Emergency regime of Mrs Gandhi (1975-77)

    The right to strike was suspended

    Reduction of annual bonus (8.3 percent to 4 per cent)

    A Qualitative change in the political climate (Janata govt (1977-80)

    Attempt to forward an industrial relations bill banning strikes and

    lockouts in essential industrial and services sectors Stiff opposition from trade unions

    The Bill was not passed

    The industrial disputes act amendment in 1965

    In 1976 (firms employing more than 300 workers had to get governmentpermission before lay-off

    State enacted their own labour laws

    Government role reduced over the industrial relation system

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    Phase 3 (1980-1991) The period of domestic economic liberalization

    Average annual growth rate 5.7 per cent

    Employment growth 1.8 per cent The best decade of economic growth, but worst for employment growth

    Jobless growth

    % of employment in manufacturing decreased from 24.5 percent to 17.4

    per cent

    Open unemployment increased

    Worst drought in 1979

    Industrial recession in 1980-81 Balance of payment crisis and IMF loan

    Gulf recession in 1990

    Mrs Gandhi Returned to power

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    Phase 3 (1980-1991) The period of domestic economic liberalization

    Public sector strike in Bangalore (1980-81)

    Mumbai textile strikes regarding wage bonus issues Dr. Datta Samant

    New party (Kamgar Aghadi Party)

    Trade union (Hindu Mazdoor Kamgar)

    Government has slowly withdrawn from industrial relation system

    Independent unions operating in the major industrial centres

    Regional wise analysis

    Steady decline of ideological trade unions

    Under the dominant political parties

    Plant and firm based unions in Bangalore and Mumbai

    This is due to dissatisfaction with traditional bargaining structure

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    Phase 3 (1980-1991) The period of domestic economic liberalization

    High increase of wage in firms with plant specific unions

    Traditional unions predominant in older industries Due to increasing instability in the product market, traditional unions were

    unable to form plant-specific trade unions

    High productivity brought about the increase in real earnings

    Industrial Disputes act amendment in 1982 a firm employing more than 100workers (earlier it was 300) need permission from state government to lay offworkers

    A bill was proposed to reduce the multiplicity of unions

    It was rejected because of the controversy over the definition of industry

    Summary Independent trade unions

    Skilled versus unskilled

    Period of jobless growth

    Massive strikes

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    Fourth Phase (Since 1991) The period of economic reforms

    Post reform decade

    Stabilisation and structural adjustment programmes Rupee was devalued in 1991

    1992-96 GDP growth was 5.3 per cent

    Industrial recession (1996-97)

    Decline of public investment

    Emergence of transnational companies

    Foreign direct investment (5.3 billion in 1991 to 141.9 billion in 1994)

    Services sector growth

    Structural transformation

    Merger and acquisitions

    Regional inequality

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    Fourth Phase (Since 1991) The period of economic reforms

    Restructuring of unprofitable public sector enterprises

    Reduce the workforce through VRS More employment flexibility

    Decentralised bargaining structures

    Less government interventions in the bargaining process

    Inter-state competition to attract foreign and local capital Down the labour market institutions

    Investment in capital-intensive technologies

    More labour intensive sectors were uncertain (Textile and Jute)

    More capital intensive sectors have plant based independent unions (Banking,transportation)

    Capital intensity led to jobless growth

    Wages were determined at the plant level

    Maximum growth in IT enables services

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    Fourth Phase (Since 1991) The Period of Economic Reforms

    In the 1990s, about 15 per cent workforce reported job less (Shut down

    many industrial units) Growth in labour productivity, and average workforce earnings

    Since 2000, economy has witnessed revival of employment

    Employment growth outstrips population growth

    But casual and regular employment decline

    Only self-employment increases

    More than 50 per cent are self-employed in india

    Decline in agriculture

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    Major changes summary

    Collective bargaining in India has mostly been decentralized, but now in sectorswhere it was not so, are also facing pressures to follow decentralization.

    Some industries are cutting employment to a significant extent to cope with thedomestic and foreign competition e.g. pharmaceuticals. On the other hand, inother industries where the demand for employment is increasing are experiencingemployment growths.

    In the expansionary economy there is a clear shortage of managers and skilledlabor.

    The number of local and enterprise level unions has increased and there is asignificant reduction in the influence of the unions. Under pressure some unions and federations are putting up a united front e.g.

    banking. Another trend is that the employers have started to push for internal unions i.e. no

    outside affiliation. HR policies and forms of work are emerging that include, especially in multi-

    national companies, multi-skills, variable compensation, job rotation etc. Thesenew policies are difficult to implement in place of old practices as the institutionalset up still needs to be changed.

    HRM is seen as a key component of business strategy.

    Training and skill development is also receiving attention in a number ofindustries, especially banking and information technology

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    Causes of industrial disputes

    The causes of industrial disputes can be broadly classified into twocategories:

    economic causes

    The economic causes will include issues relating to compensation likewages, bonus, allowances, and conditions for work, working hours,

    leave and holidays without pay, unjust layoffs and retrenchments.

    non-economic causes

    The non economic factors will include victimization of workers, illtreatment by staff members, sympathetic strikes, political factors,

    indiscipline etc.

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    Causes of strikes

    A strike, which is a powerful weapon used by trade unions and other laborassociations, involves quitting of work by a group of workers for the purpose of

    bringing the pressure on their employer so that their demands get accepted.When workers collectively cease to work in a particular industry, they are saidto be on strike.

    Strikes can occur because of the following reasons: Dissatisfaction with company policy Salary and incentive problems Increment not up to the mark Wrongful discharge or dismissal of workmen Withdrawal of any concession or privilege

    Hours of work and rest intervals Leaves with wages and holidays Bonus, profit sharing, Provident fund and gratuity Retrenchment of workmen and closure of establishment Dispute connected with minimum wages

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    Lockouts and Picketing

    A lockout is a work stoppage in which an employer preventsemployees from working. It is declared by employers to put

    pressure on their workers. This is different from a strike, in which

    employees refuse to work. Thus, a lockout is employers weapon

    while a strike is raised on part of employees When workers are dissuaded from work by stationing certain men

    at the factory gates, such a step is known as picketing.

    Pickets are workers who are on strike that stand at the entrance totheir workplace.

    It is basically a method of drawing public attention towards thefact that there is a dispute between the management andemployees.

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    Gherao

    Gherao in Hindi means to surround It denotes a collective action initiated by a group of workers under

    which members of the management are prohibited from leaving

    the industrial establishment premises by workers who block the

    exit gates by forming human barricades. The workers may gherao the members of the management by

    blocking their exits and forcing them to stay inside their cabins.

    The main object of gherao is to inflict physical and mental torture

    to the person being gheraoed and hence this weapon disturbs theindustrial peace to a great extent.

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    Trade union in India stylised facts

    Union density

    Union members/workforce = 4 per cent

    Union members/wage and salary earners = 25 per cent

    Union membership

    Trade union Affiliation 1989 2002

    BMS BJP 3.11 m 6.22m

    INTUC Congress 2.7m 3.89m

    CITU CPI(M) 1.78m 2.67m

    HMS Socialists 1.47m 3.22m

    AITUC CPI 1.07m 3.34m

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    Major trade union in India

    All India Trade Union Congress (AITUC)

    Bharatiya Mazdoor Sangh (BMS)

    Centre of Indian Trade Unions (CITU)

    Hind Mazdoor Kisan Panchayat (HMKP)

    Hind Mazdoor Sabha (HMS) Indian Federation of Free Trade Unions (IFFTU)

    Indian National Trade Union Congress (INTUC)

    National Front of Indian Trade Unions (NFITU)

    National Labor Organization (NLO) Trade Unions Co-ordination Centre (TUCC)

    United Trade Union Congress (UTUC) and

    United Trade Union Congress - Lenin Sarani (UTUC - LS)