Industrial Relation and Labour Laws

NMIMS Global Access
School for Continuing Education (NGA-SCE)

Course: - Industrial Relations & Labour Laws
Internal Assignment for June 2023 Examination
ANS 1: - The conventions and recommendations of the ILO form the

international labour standards. Recommendations are legally binding
international treaties that may be ratified by member
states. Recommendations are non-binding guidelines. In many cases, a
convention lays down the basic principles to be implemented by ratifying
countries, while a related recommendation supplements the convention by
providing more detailed guidelines on how it could be applied.
Recommendations can also be autonomous, i.e.: not linked to a convention.
Some areas where ILO is falling behind are: -
1. Monitoring systems: - A member state of the ILO is subject to be

supervised under the ILO monitoring system to see whether the
implementation of the international labour standards is materialized or
not, or whether the application is adequate or not. The ILO monitoring
system is mainly composed of the two mechanism of the Reporting and
the Complaints.
a- One is called ILO regular supervisory mechanism which deals with
‘Reporting’.
b- Special system of supervision which deals with ‘Complaints’.
2. Observations: - There is another function, what we call, Observations

under the regular supervisory system. Observations indicate the certain
specific provisions that a country must amend in order to adjust its
legislation in accordance with a convention. Also, they request the
specific policies that a government is required to adopt or the specific
measures that a government is required to implement in order to
remedy the violation of a convention.
3. Direct requests: - The CEACR produce direct requests, which are quite
identical with observations. However, they are not published in the
annual report, in other words, direct requests are sent directly to the
government of a country to complement the Annual Report.
4. General surveys: - The CEACR prepares the General Surveys which are a
comparative overview on the implementation in law and practice on a
specific subject regarding labour rights. It requires the information
collected and provided from both ratifying States and non-ratifying
States. Therefore, non-ratifying States also may be requested to inform
by reports about the circumstances of a convention such as what
difficulties they confront to put the ratification in to practice.
5. Special systems for supervisions: - The special system of supervisions

deals with complaints. It is not about the regular reporting on the
conventions. It has three different types of mechanism based on the
complaints collected from the interested parties. Compared with the
previous regular supervisory mechanism which functions yearly as a
cycle, the special system of supervisions focuses more on the concrete
case and problems which exist.
CONCLUSION: -
The ILO has a unique structure as an organization formed from governments,
workers, and employers. And the ILO sets up and offers the International
Standards with the regular and special mechanism to supervise the
implementation of those standards. It is true that, in most of cases, the
decisions at the ILO will be finalized by consensus so that it may not fully
reflect the opinions from worker’s side because of the tripartism. Moreover,
the implementation is not sufficient because of its weak enforcement. And
even one victim by the violation of the convention is not allowed to initiate the
process under the current structure.
ANS 2:- National commission on labour made the following recommendation

after considering the problem:
1. Government intervention in industrial relations, particularly in the

settlement of industrial disputes, should be reduced gradually to the
minimum possible extent. Compulsory adjudication of disputes should
be used only as a last resort.
2. Trade unions should be strengthened both organisationally and

financially by amending the Trade Union Act 1926 to make registration
of unions compulsory, enhance the union membership fee, reduce the
present presence of outsiders in the union executive and among the
office bearers and increase the minimum number of members in
respect of the union applying for registration.
3. Legal provision may be made either by a separate legislation or by

amending on existing enactment for compulsory recognition of trade
unions and certification of unions as bargaining agent and prohibition
and penalisation of unfair labour practices.
4. Bargaining in good faith by both employers and unions.
5. Conferring legal validity and legitimacy on collective agreements.
ANS 3: -
a) The practice of working for one organisation while also taking up extra
responsibilities and jobs, typically without the employer's knowledge, is
referred to as moonlighting.
Is moonlighting ethical?
Moonlighting can be considered cheating if the employer has prohibited it

in the employment contract. However, it will also not be called a good practice
if an employee leaks sensitive data from the company. However, some
companies allow their employees to do other work, if they do it by maintaining
productivity. Remember, if you do a second job, it is your responsibility to keep
sensitive strategies and data of the company away from your second job. If
your employer is allowing you to do moonlight or side hustle, it means they
trust you, and they believe you will manage to do two job roles without
harming any party. Moonlighting is unethical. If you think it is ethical, then
declare it to your employer and seek prior permission. They have all the right
to reject your application. In that case, you have the option to switch your
employer. But be mindful; declare this to your potential employer in advance,
before taking up the new job else you will again get into the same problem.
b) The major challenge in labour reforms is to facilitate employment

growth while protecting workers’ rights. Key debates relate to the
coverage of small firms, deciding thresholds for prior permission for
retrenchment, strengthening labour enforcement, allowing flexible
forms of labour, and promoting collective bargaining.
1. Coverage: Most labour laws apply to establishments over a certain

size. Size-based thresholds may help firms in reducing compliance
burden. However, one could argue that basic protections related to
wages, social security, and working conditions should apply to all
establishments. Certain Codes retain such size-based thresholds.
2. Retrenchment: Establishments hiring 100 or more workers need

government permission for closure, layoffs, or retrenchments. It has
been argued that this has created an exit barrier for firms and affected
their ability to adjust workforce to production demands. The Industrial
Relations Code raises this to 300, and allows the government to further
increase this limit by notification.
3. Labour enforcement: Multiplicity of labour laws has resulted in

distinct compliances, increasing the compliance burden on firms. On
the other hand, the labour enforcement machinery has been
ineffective because of poor enforcement, inadequate penalties, and
rent-seeking behaviour of inspectors. The Codes address some of
these aspects.
4. Trade Unions: There are several registered trade unions but no criteria
to recognise unions which can formally negotiate with employers. The
Industrial Relations Code creates provisions for recognition of unions.
5. Contract labour: Labour compliances and economic considerations

have resulted in increased use of contract labour. However, contract
labour has been denied basic protections such as assured wages. The
Codes do not address these concerns fully. However, the Industrial
Relations Code introduces a new form of short-term labour fixed term
employment.

Industrial Relation and Labour Laws

Uploaded by

Copyright:

Available Formats

Industrial Relation and Labour Laws

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Industrial Relation and Labour Laws

Uploaded by

Copyright:

Available Formats

NMIMS Global Access

School for Continuing Education (NGA-SCE)

ANS 1: - The conventions and recommendations of the ILO form the

1. Monitoring systems: - A member state of the ILO is subject to be

2. Observations: - There is another function, what we call, Observations

5. Special systems for supervisions: - The special system of supervisions

ANS 2:- National commission on labour made the following recommendation

1. Government intervention in industrial relations, particularly in the

2. Trade unions should be strengthened both organisationally and

3. Legal provision may be made either by a separate legislation or by

4. Bargaining in good faith by both employers and unions.

5. Conferring legal validity and legitimacy on collective agreements.

Moonlighting can be considered cheating if the employer has prohibited it

b) The major challenge in labour reforms is to facilitate employment

1. Coverage: Most labour laws apply to establishments over a certain

2. Retrenchment: Establishments hiring 100 or more workers need

3. Labour enforcement: Multiplicity of labour laws has resulted in

5. Contract labour: Labour compliances and economic considerations

You might also like