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I can count to more than ten the number of times that friends and clients call their HR Managers

either useless or jerk or both. Sometimes I wonder how many times I've been called that myself.

Here are some of reasons why HR people are called useless or jerks or both:

1. Useless when they don't go beyond the transactional or administrative nature of the job that
include recruiting, timekeeping, payroll processing, records keeping and request fulfillment. People
obviously expect more from us without easing our loads with these stuffs. That's why there's
technology and automation, let's get our hands to them.

2. Useless when they fail to recognize what the employees need in order to work better. While I
believe that human resource development and performance management is everyone's job, it is an
important HR Manager's responsibility. If we are not into it now, well, we're not being very useful.

3. Useless when they fail to work with other managers in establishing usefull policies and tools for
creating a productive and efficient workplace. A lot of the policies I see circulating are hand-me-
downs, and copy-paste, no thanks to the power of technology. I think managers both HR and line,
need to sit together and start questioning the usefulness of these policies and tools and retain only
those that are useful and create new ones.

4. Useless when they ignore organizational issues that need to be resolved. Some people are
naturally conflict averse but I don't think HR can afford to be like that. We need to confront issues
and confront people if that is what is needed to make things better.

5. Useless when the HR policies they created and maintain are unclear and therefore useless. Well, if
we can't explain the policy no matter how useful we think they are, they are not.

6. Jerks when they try to accumulate too much power for themselves. I've seen this quite a number
of times. Some HR Managers tend to hog decision making specially in the area of employee
movement, disciplining and policy making. This is just wrong. The more we are able to engage other
managers in making these decisions, the better off we are in building partnerships.

7. Jerks when they block other managers developmental initiatives because they believe that
organization development is the exclusive province of HR. A line manager thought of an incentive
scheme for his staff, the HR Manager criticizes it or block it not because it's not good but because
they're not his. That's childish.

8. Jerks when they play politics with the boss by acting as the "eyes and ears" of the boss and
telling the boss how messed up the other managers are. To say that this is old school is an
understatement.

9. Jerks when they implement policies that are meant to take advantage and impinge on the rights of
the employees. Some HR Managers think that they are doing the company a favor by implementing
policies that are antilabor like, seasonal employment contracts, unfair working conditions, etc. Well,
they're not. They are setting the ground for eventual reprisal that come in many ugly forms. Besides,
their souls will burn in hell if they don't stop doing this.

10. Jerks when they behave like taskmasters, making their rounds, finding faults without
considering due process and chain of command. There is an old tagalog term called "katiwala" or
"kapatas" which loosely translates to taskmaster. The mindset of taskmasters is that everyone is
lazy, mindless and up to no good so they have to be watched over so carefully. Some HR Manager
seem to think that they inherited this responsibility which they didn't. A taskmaster job is obsolete
and an HR Manager who still does this is also obsolete.
I like the term HR Partner which I find being used more frequently now because it describes the role
of HR more closely to how I see it. partnership gives the relationship an even ground. HR is not more
or less powerful than the units they are partnering with, they are not more or less responsible and
accountable. That's what we need to be, an HR Partner.

source : anythinghr.blogspot.com
you can get lot of HR Articles on the above blog

How does the management view employee training and what do they expect from it? This
was a question which intrigued us; we wanted to understand how senior employees
looked at the training function from a strategic perspective.

This article captures our discussions with employees in Operations, Management, HR &
Training departments. We wanted to understand what companies did post the employee
evaluations, during succession planning, manpower planning, recruitment and training
budget allocation process.

The rest of the article discusses our approach and insights gained.

Key questions asked


1. What is the training process followed by the organization?
2. How were the training needs identified?
3. What is the number of hours of training provided on a yearly basis? Is there any
standardization? Did it change for different types of employees?
4. What are typical training budgets? How are these determined?
5. What is the ratio of in-house versus external training?
6. How was training effectiveness measured?
7. Now that the economy is on an upswing, is there any change in focus on
training?

Common Insights
Some of the common answers we got from our discussions are:

1. Companies consider Employee Training and Development as a Strategic


Objective.
2. Training budgets vary between 0.25% to 1.25% of employee costs but we could
find no correlation between the budget and the type of industry, growth projections,
profitability or any other parameter. Most companies admitted to some budgetary
allocations towards skill development.
3. Training was considered to be a line function with responsibility of training with
departments to which the employee belonged. HR helped in implementing a training
policy framework.
4. Skill based training was imparted to junior level employees and Competency &
Leadership development training was imparted to middle management.
5. Job Transfers and cross-function exposure was considered to be an important
training criteria for skill development.
6. Training inputs received by an employee were always examined during
succession planning as well as career development.

Technology as an aid
Most executives believed that automation could be an effective enabler and help optimize
the delivery. The following were the perceived benefits of automating their training
function:

1. Competency and skill gap analysis help identify suitable training gaps. This
could be done during or post appraisals.
2. 360 feedback surveys help in identifying leadership and competency oriented
gaps.
3. Integrating Training Need Identification (TNI) with Employee Development
Plans and Training budgets could help in generating effective Training Calendars
4. CBT (Computer based training) cuts the training budgets by over 70% by
significantly reducing travel time.
5. Training effectiveness feedback that were filled by trainer, trainee and the line-
managers may help measure benefits of training.
6. Linking of PTO (paid-time-off) with Training Nominations and Calendar would
increase attendance.
7. An employee database that could capture trainings attended and no trainings
attended by employees for analysis and future planning would be extremely helpful.

Automation of training management & employee development function:


Organizations need an automated system to manage the training process such that
compliance with the training policies is ensured and managers can plan development of
their teams using real time data.

EmpXtrack is an integrated web-based solution that meets all requirements connected


with Employee training & development. EmpXtrack Training Management software is
also available as a stand alone module which can be interfaced with the existing HRMS
of an organization.
S.18 ID Act-Settlement arrived at between Parties OTHERWISE THAN CONCILIATION will be
binding to parties signing only .When arrived at conciliation proceeding will bind all (even
those who have not signed).I have come across this question in my electricity company.Those
who have completed prescribed period of service on NMR were given benifit of continuous
service.It was a settelement outside conciliation.Management was supporting settelement so
issued GSO that these benefit will be given to employee who sign this undetaking saying I am
the member of ---------------------------------------(Union,Majority union)I am willing to awail
this benefit under the GSO.
Coming to legality 1.You can file Writ petition
2.But you can not contend that as settlement is arrived at with majority
union dispute is not maintanable because settlement outside conciliation are binding to
signatories only.Minority can raise dispute.And further it is a separate dispute than one which
is settled with Majority.
so,legal option will not help.
You have to take bold HR Management move as suggested above issuing circular attaching an
undrtaking as mentioned above.If your majority settlement is really a benefit to employee,
almost all employee will sign it and get benefit even minority members will also sign.Then
problem will remain with some bosses of minority only that can be tackled as now gravity of
problem is lessen and can be takled individually saying they have no moral support of
members as they claim and they are playing unfair labour pratices.You hane to take speedy
and confidential move taking help of majority .I hope you will succeed.(It is assumed
that majority settelment is not stayed)
Since a dispute is pending of minority union orders can not be passed prejudice to the interest
of minority union (S.33) but as undertaking is taken this will not be a problem.

I have gone through your queries and replies of experts in this regard. I am of the
view that under the law the law the only requirement is that the dispute must be a
collective dispute. A dispute can become a collective dispute, the workmen of the
industry have collective interest in the dispute i.e. if it is espoused, by substantial
number of workmen or union ether directly or through the federation to which union
is member. The union may majority, minority, registered or even unregistered. If
cause of workman/workmen is espoused, it transformed the nature of collective
dispute. Thus the espousal of dispute by minority union is perfectly legal
Now your second part of query is concerned. Mr. Ahmad has very nicely explained
the scope of settlement under the Industrial disputes Act. It depend whether the
settlement arrived during the course of conciliation proceeding or outside the
conciliation proceedings and also whether the settlement is registered or not. In
case, settlement was arrived during the course of conciliation proceedings it is
binding to the workmen irrespective of the fact, whether the workman is member of
the union or not but if it is outside conciliation proceeding, it binding only to the
workmen. Who are member of that particular union and other union can not be
compelled to abide the condition of that particular settlement.
So far as your query is concerned as to whether the management can file writ against the
minority union. My answer if no for the reason mention here in below
.1. Firstly union is a private body, no writ lies against it
2. Secondly, the union is acting within its right and power under the statutory powers of Trade Unions Act.
So for as referring of settlement before the Tribunal/Court, you have every right to refer the same. You can
also plead that the workman has received benefits under the settlement as such union is estopped from
challenging the settlement etc.
Date of Bill Edu SHE
Month Bill No Date ST Total ST
payment Amount Cess Cess
05.05.201
Apr-10 13 07/05/2010 164668 16467 329 165 16961
0
07.06.201
May-10 14 09/06/2010 195135 19514 390 195 20099
0
07.07.201
Jun-10 15 10/07/2010 195190 19520 390 195 20105
0
09.08.201
Jul-10 16 12/08/2010 157402 15741 315 157 16213
0
09.09.201
Aug-10 18 10/09/2010 115789 11578 232 116 11926
0
07.10.201
Sep-10 19 12/10/2010 101562 10156 203 102 10461
0
02.11.201
Oct-10 20 03/11/2010 117728 11773 235 118 12126
0
10.12.201
Nov-10 21 14/12/2010 107058 10706 214 107 11027
0
05.01.201
Dec-10 22 08/01/2011 115576 11558 231 116 11905
1
12701 13082
Total 1270108 2539 1271
3 3
A.Recruitment:-
1. End to end Recruitment.
2. Preparation job expectation & performance metrics of new employees
3. Derive PI pattern (Psychological test).
4. Position creation, Hiring, creating appointment order, Confirmation order, Service certificate in SAP

B.Induction:-
1.Prepare Induction plan with HOD & assist in Plant round
2. Arrange for Safety Training

C. Training and Development:-


1. Training needs identification through process of performance appraisal.
2. Formulation of training calendar & ensure completion as per calendar.
3. Conducting In house and external training programs.
4. Evaluation / Feedback of participant regarding quality and content of training program.
5. Booking & recording in SAP.

D. Performance Management System:-


1. Timely Appraisal of new recruits.
2. Facilitating the goal setting process & ensure mid - year review.
3. Taking the interviews for promotions.
4. Monitoring the annual increments.
5. Employees counseling.

E. Compensation Management:-
1. Negotiate with the candidates while deciding CTC
2. Employee care initiatives
3. Conducting & Analyzing Exit Interviews

F. Personnel & Administration:-


1. Supervision of Time - Office functions, Employees leave, Muster roll, Over-
time & Compensatory-off Administration.
2. To control on Security, house keeping, transport facility.
3. Preparation of MIS reports.
4. Taking forms filled by employees like gratuity nominations, PF nominations, safety
pledge etc.

G. Industrial Relations:-
1.Responsible for handling employee grievances, union settlement, liaisoning with govt bodies.
2.He would be required to redress grievances, administer discipline, conduct inquiries.
3.Take care of statutory compliance and labour laws.
4.Should have good knowledge in statutory and labour laws.
5.Trade and Labour Laws and License s
List the daily duties & responsibilities, starting with the most important responsibility &
mention the time spent on each in % value (Maximum 150 characters each)
Primary Responsibilities
Recruitment: Partnering with the business to identify talent - internally and externally, ensuring
management of the complete recruitment cycle for sourcing the best talent from diverse channels
& handling Staffing functions
Selection: Screening and short-listing resumes & conducting Interviews, Skill Tests, etc
On Boarding: Coordinating Pre & Post Joining formalities like medical checks, reference/
background checks, confirmations, etc
Performance Management: Driving Performance Appraisal and Management , KRA/Goal
Setting for the upcoming review period, cross functional feedback, self assessment, Core role in
identification of Key Resources
Transfers: Coordinating Transfers/ Postings & issuance of Transfer Orders
HR Communication: Coordinating Communication initiatives taken by CO & facilitating in
cascading the same at branch level
Employee Engagement: Driving employee engagement activities, employee counseling &
grievance handling
MIS Reporting: Ensures that the HR reports and MIS are in place, which encompasses the master
data of all employees, HRIS report, Recruitment monitoring sheet, etc

KEY ACCOUNTABILITIES/ RESPONSIBILITIES


To lead EE activities for a centre, either having one large process with a
headcount of 1000+ or spanning 2 to 8 processes.
Client interface - Liaise with the client from the EE perspective and Attend client meetings and
reviews as and when required
EE Team Management and Development - Coaching the team members , Identifying the
development needs of the team and Supervising the activities of the teams
Strategize and plan the regular steps to be taken by the team to achieve set goals
ï ‰ntroduce innovative Reward & Recognition programmes to enhance employee engagement
Ensure reduction and control in attrition level across the processes
ï€ Ensure high satisfaction scores indicative in the monthly Employee Satisfaction Survey.
Initiate and plan regular HR Training for all employees with a view to educate employees on
Policies,
knowledge orientation and self development sessions etc.
To manage all Employee Relations and Communications for the center - Ensure that all HR
related communication is appropriately cascaded, Provide forums for employees to raise issues /
concerns and also ensure that the same are effectively redressed and Provide engagement
solutions
to address concerns
Compliance & Audits - Ensure compliance during client and internal audits, Ensure compliance
on all
HR activities such payroll, increments, etc
Primary Responsibilities
Strategic

• Contribute in effective people planning framework and budgeting for all the functions
• Ensure employee engagement initiatives across the organization and analyze impact of
the same
• Preparation of Organization structures for all functions / branches / projects in line with
HR philosophy and business strategy and prepare Job description of all unique roles.
• Ensure formulation, implementation and updating various HR policies and procedures in
line with HR philosophy and Business strategy.

Operational

• Implement the recruitment management system to capture the staffing needs of various
departments
• Drive the recruitment process for all the departments/ functions in collaboration with the
relevant Department Heads, based on the profile specifications provided by them
• Ensure internal customer satisfaction by adhering to preset recruitment lead times, talent
quality and cost
• Communicate to all employees on internal job postings and proactively seek to fill
vacancies from within the organization
• Implement and monitor suitable processes of interviewing, selection, joining formalities,
exit interview, relieving and settlement procedures
• Analyze and report on attrition and exit interview findings
• Ensure the implementation of the performance management process inclusive of
facilitating the process of KRAs and KPIs for all employees across organization.
• Ensure the implementation of reward and recognition management process
• Ensure effective implementation of on-boarding program for smooth induction of new
employees.
• Ensure the implementation of all the retention processes so as to have high levels of
employee commitment and productivity
• Conduct the employee surveys to understand the voice of the people and check the
engagement, satisfaction and other employee perceptions and issues for better
management of people and based on the results of the employee survey findings,
effectively implement the programs that will effectively achieve the objectives
• To conduct the salary benchmark surveys across the industry and devise compensation
plans in alignment with the HR philosophy and compensation strategy of the organisation
• To achieve internal parity with regards to total compensation of employees by
establishing salary bands, tax friendly salary structure, ESOPs, Variable Pays etc with or
without the help of external consultants.
• Ensure development of talent by training, coaching and mentoring to achieve the required
competency levels and improved productivity
• Ensure implementation of processes for succession planning so as to create leadership
pipeline for key roles in the organization.

Financial

• Drive cost savings by deploying efficient recruitment mechanisms


Govt Mulls Major Changes In Labour Law

In order to make for a work force that is flexible and work hours that can be extended,
the government is planning major changes in the Factories Act, 1948. A significant
proposal in the law governing working hours and safety of workers means doubling the
number of hours a worker can be made to work over time (OT). An amendment
proposed calls for 100 hours of OT in a quarter, from the present 50 hours per day. It
also proposes to raise the 75 hour bar (including the first 50) in case of exigencies to
115 hours in a quarter - maximum hours of OT an employer can extract from worker,
without permission from labour officials. He can squeeze 10 more OT hours, with
permission. The law and international conventions does not allow more than eight hours
of regular work per day but there can be two hours of over time per day, for which the
worker is paid double the normal rate. Another proposal is to allow women work during
the nights, which is prohibited now in factories. Though such proposal was introduced
in Parliament in 2005, it has not been implemented till now. The labour unions want
assurance of doorstep drop back in place of nearest point to home. Call centres, BPOs -
where women work in night hours - are governed by the Shops and Establishment Act.
The move comes at a time when Indian industry needs more hands to support its
expansion and nation economy - but lacks a skilled work force.
Source : 10-02-11 Hindustan Times Compiled by www.naukri.com
METHODOLOGY
The workshop is based on interactive adult learning process. Group activities, case studies
and mini training
sessions would be supplemented by concept building lectures.
COURSE CONTENT
Setting the Scene: Explore the topic of adults as
learners.
Giving Training a Purpose: Learn how to write
performance objectives v/s training objectives
Checking the Learning: Learn about formative &
summative assessments & various assessment
methodologies
What are we training? Learn how to analyze
knowledge/skill contents for sessions
Who are we training? Examine: learning styles, learning
models, barriers, etc
Choosing the activity: Explore interactive
methods/strategies; facilitate learning
Getting the message across: Learn communication
skill, facilitating a small group, providing an opportunity
to demonstrate questioning and listening skills,
management of the group, giving instructions and
debriefing skills
Putting it all together: Learn how to develop a session
plan
Using the tools of training: Learn the use of resources
Did training make a difference? Identifying the
methods for evaluating training
Presentation Skills for Trainers: Essentials for
conducting session. Deliver mini training sessions. Get

feedback from the faculty

HOW WILL YOU BENEFIT?


Increase your understanding of & confidence in
training adults.
Increase adult learner motivation, comprehension &
retention.
Make sessions more enjoyable for adult learners.
Build stronger facilitation skills and leave a lasting
impression on learners.
Gain insight into structuring more effective training
programs.
Gain the latest training methods and techniques.
Accelerate the development process.
Improve retention rates of participants.
Dry or technical material can be more effectively
delivered.
Add excitement and increase the effectiveness of
your training sessions

NO TOOL ENTRY MIDDLE TOP


1 Managerial Effectiveness Yes Yes
2 & 3 Managerial Style + Leadership Style Yes Yes
4 & 5 Personality Type + Inter-Personal Orientation Yes Yes Yes
6 & 7 Conflict Management + Team Effectiveness Yes Yes Yes
8,9 & 10 General Ability Test – I & II + Salesman’s Aptitude Yes
11 & 12 Supervisory Aptitude + Sales Supervisor’s Aptitude Yes
13 & 14 Burnout Level + Stress Measurement Yes Yes
15 & 16 Life Positions/Ego States Yes Yes Yes
Workshop Schedule
DAY 1 DAY 2 DAY 3
Introduction to Psychometric
Assessment
Managerial Effectiveness
Managerial Style
Leadership Style
Recap
Personality Type
Sales Supervisor’s Aptitude
Interpersonal Orientation
Conflict Management
Recap
Stress Management
Life Position & Ego Gram
Using the other 6 tools
Program Closing & Evaluation

6 provident fund secrets you did not know


You’ve always thought of it as a mandatory cut in your salary or a safe
instrument for long-term savings, but your provident fund contribution
entitles you to several benefits such as insurance, pension and much more.
Vikas Dhoot and Priya Kapoor explain.

Your EPF entitles you to pension too

Despite the popularity of the EPF as a saving tool, not many people are enthused by or even aware of the
Employees’ Pension Scheme. Introduced in 1995, it is funded by diverting 8.3%, or a little more than a
third of your PF contribution. The pension on retirement is linked to the number of years in service and the
average salary drawn in the year before retirement.
However, the scheme has failed to draw the EPFO’s 5 crore members because of the measly payouts
associated with it. The reason is that since most employers pay PF only on the mandatory salary cap of
6,500 per month, the pension income for a majority of workers is abysmally low—at times, less than 1,000
a month.
It is, however, possible to get a higher pension income. “Good employers like Infosys pay Provident
Fund contributions on the entire basic salaries,” says SC Chatterjee, the Central PF Commissioner. “If your
basic pay is 30,000 a month, employers can invest 24% of this amount into your PF account. “You will be
entitled to a pension on the basis of your actual basic pay rather than 6,500,” he adds.
For salaries up to 6,500, the government also chips in with a subsidy of 75. This added up to 994 crore for
all EPF members in 2009-10.
Another way smart employers help boost the pension is by raising the worker’s salary in the last year of
employment. “Suppose I earn 25,000 and contribute 8.33% towards EPS. However, on my 57th birthday,
my employer can raise my salary to 1 lakh. Since my salary for the last one year will be 1 lakh, I can get a
pension of around 50,000. So you can get twice your original salary as pension,” says Chatterjee. However,
for this to happen, the employer should have contributed his share to the Provident Fund on the actual basic
salary, not the mandated limit of 6,500 for the entire service period. Though this is not fair to other workers
who are part of the pension pool, the pension scheme’s design makes this manipulation possible.
If you don’t want a pension from EPF, you can get the EPS money as a lump sum along with your PF
balance. The benefit will not be linked to the actual contributions made, but to your last year’s average
salary and the number of years in service.

Insurance benefits

2
Besides a monthly stream of income, the EPF subscription entitles you to an insurance cover on your life
through the Employees’ Deposit Linked Insurance (EDLI) scheme. For this, your organization contributes
0.5% of your monthly basic pay, capped at 6,500, as premium. Till recently the insurance amount was
entirely linked to the balance in your PF. According to the new rules, your cover amount is higher of the
two: 20 times the average wages of the past 12 months (up to 6,500 per month), that is 1,30,000, or the full
amount in your PF account up to 50,000 and 40% of the balance amount.

Claim interest on withdrawn amount

3
The EPF rate has to be declared at the beginning of every financial year so that all members withdrawing or
retiring from the system through the year get the interest that is due to them.
But in recent years, the EPF rate has become a matter of prolonged political debate and is often declared
and notified much after the end of the financial year. Till the rate is notified for a particular year, workers’
withdrawals are credited at the previous year’s rate. For instance, in 2010-11, the Labour Ministry
announced a rate of 9.5%, but it is yet to be notified. So, lakhs of workers, whose PF claims have been
settled so far, have lost out on the 1% increase over last year’s rate of 8.5%.
The Central PF Commissioner admits this is a problem, but has promised that his department will pay the
difference to all the affected members. “If you have withdrawn your PF balance during this year while the
government hasn’t notified the PF rate, you can approach your PF office later to pay you the higher interest
rate on the balance,” says Chatterjee.
If, on the other hand, your claim is not settled within 30 days of applying, you can move the court. If it is
established that the delay was due to ‘inadequate reasons’, you will be entitled to an interest on the balance
at the rate of 1% for every month of delay.

Use EPF to fund the following

4
Running short of funds to buy a house? Or perhaps your child’s education cost is more than you had
planned for? At such times, it’s easy to fall back on your EPF savings. While you can’t withdraw the entire
corpus, you can do so partially for specific occasions, such as children’s education, marriage, or for buying
property. Find out when you can avail of this facility, the amount you can withdraw and the conditions you
need to fulfill.

Marriage or education

of Self, children or siblings

• You should have completed a minimum of seven years of service.

• The maximum amount you can draw is 50% of your contribution (12% of the basic salary).

• You can avail of it three times in your working life.

• You will have to submit the wedding invite or a certified copy of the fee payable to the educational
institution.

Medical treatment

For Self or family (spouse, children, dependent parents)

• You can avail of it for major surgical operations in a hospital or by those suffering from TB, leprosy,
paralysis, cancer, mental derangement or heart ailments.

• The maximum amount you can draw is six times your salary or the entire contribution made by you till
date, whichever is less.

• You must show proof of hospitalisation for one month or more with leave certificate for that period from
your employer. You must also prove that you are not a member of the Employees' State Insurance
Corporation or are unable to use its facilities for surgery/ treatment.

Construction or purchase of house or flat/site or plot

For self or spouse or joint ownership

• You should have completed at least five years of service

• The maximum amount you can avail of is 36 times your wages. To buy a site or plot, the amount is 24
times your salary.

• Can be avail of it just once during the entire service.

Repay a housing loan

For a house in the name of self, spouse or owned jointly

• You should have completed at least 10 years of service.

• You are eligible to withdraw an amount that is up to 36 times your wages.

Alteration/repair of house
For house in the name of self, spouse or jointly

• You need a minimum service of five years (10 years for repairs) after the house was built/bought.

• You can draw up to 12 times the wages, only once.

Damage due to

natural calamity

• You can withdraw up to `5,000 or 50% of your contribution to the PF.

• You have to apply within four months of the calamity.

• A certificate of damage from the requisite authority and a calamity declaration by the state government.

Equipment purchased

by physically handicapped employees

• You can draw up to six months' basic salary and dearness allowness, or your share of PF contribution with
interest, or the cost of equipment.

• You will have to submit a medical certificate.

Premature withdrawal

5
Under the EPF Act, you cannot withdraw the full amount in your provident fund account before the age of
superannuation. However, if you suffer permanent and complete disability or are moving abroad to settle,
you can withdraw this amount. It is also possible to do so in case of mass retrenchment by the employer. If,
however, you retire voluntarily before you are 55 years old, you cannot withdraw the full amount. Under
normal circumstances, you can withdraw up to 90% of the fund amount after you turn 54 or within one year
of retirement or superannuation.

Grievances addressed

6
The EPF Organization has a grievance redressal mechanism and it is covered under the Consumer
Protection Act. The process is simple. Log on to http://epfigms.gov.in/ and file your grievance. Since late
last year, the EPFO has become a part of the Centralized Public Grievances Redressal and Monitoring
System, which allows you to register and track status online. It’s a centralized system and complaints are
monitored by the head office. “We reply to all the grievance within 30 days of their receipt. If someone is
not satisfied, he/she can come and meet me,” says Chatterjee.

:: PRIVATE INSURER

You get a higher insurance benefit if your employer opts for a private insurer instead of the employees'
deposit linked insurance plan. The EPFO allows this if the benefits offered by the private insurer are better
than that of EDLI. Between 2007-8 and 2009-10, nearly 1,800 companies opted out of the EDLI.
:: DOUBLING PENSION

Say your employer increases your salary from 25,000 to 1 lakh in your last year of service. Since your last
salary is 1 lakh, your pension is likely to be 50,000, double your original salary.

WHAT IF

You retire early, die in harness, change jobs...

If you retire before the age of 58

Even if you stop working before reaching the age of superannuation, you can avail of pension benefits.
However, you shouldn’t be less than 50 years of age. Also, the pension amount will be reduced by 2% for
every year. So, if after working for 25 years, you take retirement at 50, your pension amount should be
2,321 per month. But as you left service eight years before the age of superannuation, your pension will be
reduced by 16%—it will be 1,950.

If you have worked for less than 10 years

If you have completed less than 10 years of service, you can avail of the pension as a lump sum by opting
for the withdrawal benefit. This amount will be provided to you on the basis of your annual contribution to
the pension fund multiplied by the number of years that you have completed in service. You will also be
entitled to a small interest on this amount, again depending on the number of years that you have been in
service.

If you die before retiring

If you die while you are employed with an organization, your pension benefit is not lost. Your legal heirs
will be entitled to a pension, which is a maximum of 1,000 per month ( 750 for spouse and 250 for two
children till they turn 25). However, you should have put in a minimum of one month’s service to avail of
this benefit. Also, the widow will not be entitled to a pension if she marries again, while dependent parents
will be if the employee has no eligible family or has made no nomination.

If you change jobs

When you change jobs, and shift you PF account, your pension doesn’t get transferred. You need to apply
for a scheme certificate through Form 10C and route it through the new employer. The certificate has
details of the previous employer and years of pension contribution. “The PF is linked to an individual, but
the EPS scheme is pool-based and can’t be started all over again. So when you change jobs, your earlier
service is not considered and reduces the pension sum,” says Chatterjee.

__._,_.___
[align=center]FORM A [/align] Form of application for the
reference of an Industrial Dispute to a Board of
Conciliation/Court of Enquiry/Labour
Court/Tribunal/National Tribunal under Section 10 (2) of the
Industrial Disputes Act, 1947:
An application under sub-section (2) of Section 10 for the reference
of an industrial dispute to Board, Labour Court, Tribunal or
National Tribunal shall be made in Form A and deliver to the
Secretary (Labour), Government of NCT of Delhi, and the Assistant
Labour Commissioner of concerned district.

[img]chrome://piclens/content/launch.png[/img]

10 January 2008, 01:36


[align=center]FORM C[/align]
[align=center]Agreement[/align] An
Arbitration Agreement for the reference of
Y.Prakash an industrial dispute to an arbitrator shall be
made in Form C (in triplicate) and shall be
Lawyer
delivered personally or forwarded by
Registered Post to the Secretary (Labour),
Government of NCT of Delhi, and the
Deputy Labour Commissioner and Assistant
[ Scorecard : 21783] Labour Commissioner of the concerned
district. The agreement shall be
accompanied by the consent, in writing, of
the Arbitrator/s.
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10 January 2008, 01:38
FORM
ΓÇô E
Y.Prakash Notice of change of Service Condition
proposed by an Employer Any employer
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intending to effect any change in the
conditions of service applicable to any
workmen in respect of any matter specified
in the IVth Schedule to the Act, shall give
[ Scorecard : 21783] notice of such intention in Form E.

The notice shall be displayed conspicuously


by the employer on a Notice-board at the
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any registered trade union of workmen
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exists, a copy of notice shall also be served
by Registered Post on the Secretary of such
union.

10 January 2008, 01:40


[align=center]FORM G-1[/align] Progress
Report on constitution and functioning of
Works Committee for the half-year
Y.Prakash ending the 30 th June/31 st December
The employer shall submit half-yearly
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returns in Form G-1 in triplicate to the
Deputy Labour Commissioner concerned,
not later than 20 th day of the month
following the half year.
[ Scorecard : 21783]

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10 January 2008, 01:41
[align=center]FORM H[/align]
[align=center]Form for Memorandum of
Settlement[/align] A settlement arrived at in
Y.Prakash the course of Conciliation or otherwise,
shall be in Form H. The settlement shall be
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signed by the employer himself or by his
authorized agent or when employer is an
corporated company, or other body
corporate, by the Agent Manager or
[ Scorecard : 21783] Principal Officer of the corporation.
In case of workman by any officer of the
trade union of the workmen or by five
representatives of the workman, duly
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workman held for the purpose.
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In case of the workman in an industrial
dispute under Section 2-A of the Act, by the
workman concerned.
Where the settlement is arrived at between
an employer and his workman, otherwise
than in the course of Conciliation
Proceeding, the parties to settlement shall
jointly send a copy thereof to the Secretary
(Labour), Government of NCT of Delhi, the
Labour Commissioner, Government of NCT
of Delhi and the Deputy Labour
Commissioner and Assistant Labour
Commissioner of the concerned district.

10 January 2008, 01:44


[align=center]FORM I [/align]
[align=center]Complaint under Section
33-A of the Industrial Disputes Act, 1947
Y.Prakash [/align]
Every complaint under Section 33-A of the
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Act shall be present in triplicate in Form I
and shall be accompanied by as many copies
of the complaint as there are opposite parties
to the complaint.
[ Scorecard : 21783] Every complaint shall be verified at the foot
by the workman making it or by some other
person proved to be satisfaction of the
Labour Court , Tribunal or National
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Tribunal to be acquainted with the facts of
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The person verifying shall specify, by


references to the numbered paragraphs of
the complaint, what he verifies of his own
knowledge and what he verifies upon
information received and believed to be
true.

The verification shall be signed by the


person making it and shall state the date on
which and the place at which, it was signed.

10 January 2008, 01:45


[align=center]FORM J [/align]
[align=center]Application under Section
33 of the Act [/align] An employer
Y.Prakash intending to obtain the expressed approval
in writing of the Conciliation Officer,
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Board, Labour Court, Tribunal or National
Tribunal, as the case may be, shall present
an application in Form J in triplicate to such
Conciliation Officer, Board, Labour Court,
[ Scorecard : 21783] Tribunal or National Tribunal and shall file
along with the application as many copies
thereof as there are opposite parties.
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10 January 2008, 01:47


[align=center]FORM K [/align] An
employer seeking approval of the
Conciliation Officer, Board, Labour Court,
Y.Prakash Tribunal or a National Tribunal, as the case
may be, of any action taken by him under
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clause (a) or clause (b) of sub-section (2) of
Section 33 shall present an application in
Form K in triplicate to such Conciliation
Officer, Board, Labour Court, Tribunal or
[ Scorecard : 21783] National Tribunal and shall file along with
the application as many copies thereof as
there are opposite parties.
Thank the Contributor Every application shall be verified at foot by
the employer making it or by some other
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person proved to be the satisfaction of
Conciliation Officer, Board, Labour Court ,
Tribunal or National Tribunal to be
acquainted with the facts of the case.

The person verifying shall specify the


reference to the numbered paragraphs of the
application, what he verifies of his own
knowledge and what he verifies upon
information received and believed to be
true.

The verification shall be signed by person


making it and shall state the date on which
and the place at which, it was verified.

10 January 2008, 01:48


[align=center]FORM K-1 [/align]
[align=center]Application under sub-
section (1) of Section 33-C of the
Y.Prakash Industrial Disputes Act, 1947 [/align]
Lawyer
Where any amount is due from any
employer to a workman or a group of
workmen under a settlement or an award or
under the provisions of Chapter V-A
[ Scorecard : 21783] [Chapter V-B], the workman or the group of
workmen, as the case may be, may apply in
Form K-1 for recovery of the money due.

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10 January 2008, 01:49


[align=center]FORM K-2 [/align]
[align=center]Application by a person
authorized by a workman or by the
Y.Prakash assignee or heir of a deceased workman
under sub-section (1) of Section 33-C of
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the Industrial Disputes Act, 1947 [/align]

In the case of person authorized, in writing,


by the workman, or in the case of death of
[ Scorecard : 21783] the workman, the assignee or heir of the
deceased workman shall make application in
Form K-2.
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The Industrial Disputes (AMENDMENT)


Bill, 2010 passed by the Rajya Sabha
The Industrial Disputes (AMENDMENT) Bill, 2010
passed by the Rajya Sabha

The Industrial Disputes Act 1947 provides a framework for investigation and
settlement of industrial disputes. The Industrial Disputes (Amendment) Bill, 2010
was finalized after detailed consultations with stake holders and the Government had
formulated the amendment proposals mainly on the issues on which consensus were
arrived at. The Industrial Dispute (Amendment) Bill, 2009 was introduced in
the Rajya Sabha on 26.2.2009. The Bill was referred to the Parliamentary Standing
Committee on Labour. The Committee examined the Bill and made certain
recommendations for further modifications to the amendments proposed in the
Bill. The Government accepted some of its recommendations.

The amendment proposals in the Industrial Disputes


(Amendment) Bill, 2010 inter-alia, seek to amplify the definition of
‘appropriate Government’, enhance the wage ceiling prescribed for
supervisors, provide direct access for workman to Labour courts or
Tribunal in case of individual disputes, expand the scope of
qualifications of Presiding Officers of Labour Courts or
Tribunal, setting up of Grievance Settlement Machinery and
empowerment of Industrial Tribunal-cum-Labour Courts to enforce
decree.

The Industrial Disputes (Amendment) Bill, 2010 as amended


was considered and passed by the Rajya Sabha on 3.8.2010.

In his introductory remarks the Minister of Labour and


Employment ShriMallikarjun Kharge said that the Industrial
Disputes Act 1947 is a significant piece of legislation which provides
a framework for investigation and settlement of industrial
disputes. The Act also seeks to regulate illegal strikes and lockouts,
and provides protection to the workmen in case of lay-off,
retrenchment and closure of establishments. Ministry of Labour &
Employment has held tripartite consultations with stake holders and
formulated proposals for amendment in the Industrial Disputes Act,
1947 on the issues on which consensus was arrived at.
The Industrial Disputes (Amendment) Bill, 2010 seeks the following:

Section 2(a): Amplification of definition of Appropriate


Government

The Bill proposes to amplify the definition of ‘appropriate


Government’ under 2(a) of the Act. The Central Government is the
appropriate Government in respect of categories listed in Section
2(a)(i) of the I.D. Act, 1947. In addition to this, it is further clarified
that Central Government would be appropriate Government for any
company in which not less than fifty-one per cent of the paid-up
share capital is held by the Central Government, or any corporation,
(not being a corporation referred to in this clause) established by or
under any law made by Parliament, or the Central Public Sector
Undertaking, subsidiary companies set up by the principal
undertaking and autonomous bodies owned or controlled by the
Central Government.
State Government will be the appropriate Government in relation to
any other industrial dispute, including the State Public Sector
Undertaking, subsidiary companies set up by the principal
undertaking and autonomous bodies owned or controlled by the
State Government.
To amplify the definition of term ‘appropriate Government’ the
Standing Committee has suggested that the industrial disputes
between a contractor and contract labour employed in any industrial
establishment needs to be brought under the purview of ‘appropriate
Government’. The Government has accepted this recommendation
of the Committee. This amplification of the definition will eliminate all
ambiguities in the interpretation of the definition of ‘appropriate
Government’.
Section 2(s): Amendment of Section 2(s) (iv) - Enhancing the
wage ceiling of Rs.1600 per moth prescribed for supervisors
in the definition of workmen under Section 2(s) to
Rs.10,000 per month.
Enhancement of wage ceiling of the workers working in a supervisory
capacity from one thousand six hundred rupees per month to ten
thousand rupees per month. The wage ceiling has been enhanced to
be in consonance with the increase in wages of industrial workers
and also to bring about parity with other labour laws like Employees
State Insurance Act, 1948, Payment of Bonus Act, 1965 and Payment
of Wages Act, 1936.
Section 2A: Direct reference of disputes connected with
Termination/ Dismissal/ Retrenchment/ Discharge to
Industrial Tribunals.

To provide direct access for the workman to the Labour Court or


Tribunal in case of disputes arising out of Section 2A pertaining to
retrenchment, discharge, dismissal or termination of services etc. At
present, such a dispute could be adjudicated by CGIT-cum LC only
after a reference is made by the ‘appropriate Government’. As a
consequence of this proposed amendment, the workman can directly
approach the CGIT-cum-LC after filing his grievance before the
conciliation machinery to resolve the issue within 45 days. There will
be no need for him to approach the ‘appropriate Government’ for
making a reference. This amendment would enable the aggrieved
workman to choose the alternative of adjudication for resolution of
his dispute faster.

Substitution of new Chapter for Chapter IIB-Setting of


Grievance Redressal Machinery:

The Bill seeks to establish a Grievance Redressal Machinery (GRM)


within industrial establishment having 20 or more workmen with one
stage appeal at the head of the establishment for resolution of
disputes arising out of individual grievances. With this amendment,
the workman will get one more alternative grievance redressal
mechanism for the resolution of his dispute within the organization
itself with minimum necessity for adjudication. It may be noted that
setting up of GRM in no way will affect the right of the workman to
raise dispute on the same issue under the provision of Industrial
Disputes Act, 1947.

Section 7: Relaxation of Qualifications of Presiding Officers.

It is also proposed to expand the scope of qualification of Presiding


Officers of CGIT-cum-LC by making officers of Central Labour Service
of the rank of Deputy Chief Labour Commissioner and State Labour
Department of the rank of Joint Labour Commissioner and officers of
the Indian Legal Service Gr.III eligible for the post of Presiding Officer
in CGIT-cum-LC. This will enable the Government to appoint the
Presiding Officers from wide range of eligible officers from the
relevant field.

Section 11: - Power to enforce Decree by CGIT.

The Bill also proposes to empower the Labour Court or Tribunal to


execute their awards, orders of settlements arrived at as a decree of
a Civil Court. This amendment will ensure better enforcement of the
awards given by CGITs-cum-LC.

Section 38(2) © - Salaries and allowances and other terms


and conditions of service of Presiding Officer of Central
Government Industrial Tribunals-cum-Labour Courts (CGIT)
and National Tribunals.

The Bill proposes to make a specific provision in the Act by


amending the Section 38(2) © of the Act that Government may make
rules to decide and review the salaries and allowances and other
terms and conditions for appointment of Presiding Officers. Details
will be worked out while framing the rules.
To Summarise, the main amendment proposals in the I.D. Act are:
(i) Amplification of the definition of ‘Appropriate
Government’.
(ii) To enhance the wage limit from Rs.1600/- per month to
Rs. 10,000/- per month to make the provision meaningful
and in tune with the definition of workman in other labour
laws such as Payment of Bonus Act, 1965, Payment of
Wages Act, 1936 and Employees’ State Insurance Act, 1948.
(iii) To provide a grievance ventilation and redressal
machinery within an establishment having 20 or more
workmen with one stage appeal at the level of the Head of
the Industrial Establishment in order to promote better
industrial relations at the industrial establishment level.
(iv) To provide individual workman direct access to Labour
Courts/ Tribunals in cases of retrenchment, discharge,
dismissal or termination of services.
(v) To make officers of the Central Labour Service/State
Labour Service/Indian Legal Service eligible for the post of
Presiding Officers in the Central Government Industrial
Tribunals–cum-Labour Courts for addressing the problem of
availability of Presiding Officers.
(vi) To empower Government to make rules to decide and
review the salaries and allowances and other terms and
conditions for appointment of Presiding Officers.
(vii) To empower Central Government Industrial Tribunals,
Labour Courts and National Tribunals to execute their
awards/orders/settlements as a decree of the civil court

"factory" means any premises including the precincts thereof -

(i) whereon ten or more workers are working, or were working on any day of the preceding twelve
months, and in any part of which a manufacturing process is being carried on with the aid of
power,or is ordinarily so carried on, or

(ii) whereon twenty or more workers are working, or were working on any day of the preceding
twelve months, and in part of which a manufacturing process is being carried on without the aid of
power, or is ordinarily so carried on, -
but does not include a mine subject to the operation of 11[the Mines Act, 1952 (XXXV of 1952)]
or 12[a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel
restaurant or eating place];

13 14
[Explanation I. - For computing the number of workers for the purposes of this clause all the
workers in different relays] in a day shall be taken into account;]

[Explanation II].- For the purposes of this clause, the mere fact that an Electronic Data
Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be
construed to make it a factory if no manufacturing process is being carried on in such premises or
part thereof ;]

and the manufacturing process is defined as below

(k) "manufacturing process" means any process for -

(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking
up, demolishing or otherwise treating or adopting any article or substance with a view to its use,
sale, transport, delivery or disposal; or
5
[(ii) pumping oil, water, sewage, or any other substance; or ]
(iii) generating, transforming or transmitting power; or
6
(iv) composing types for printing, printing by letter press, lithography, photogravure or other
similar process or book-binding ;7[or] (v) constructing, reconstructing, repairing, refitting, finishing
or breaking up ships or vessels ; [or]
8
(vi) preserving or storing any article in cold storage;

Thus preparing of food and distributing the same falls within the abmit of
manufacturing process under. The foor is prepared eith by electrical process or
LPG gase, both terms come within the ambit of "Power", thus if it employs
more then 10 employee, it is a factory under the Act.

Employees Provident Fund and Miscellaneous Provisions Act

Introduction

The Supreme Court has stated in Andhra University v. R.P.F.C. 1985 (51) FLR 605

(SC) that in construing the provisions of the Employees Provident Funds and

Miscellaneous Provisions Act 1952, it has to be borne in mind that it is a beneficent piece
of social welfare legislation aimed at promoting and securing the well-being of the

employees and the court will not adopt a narrow interpretation which will have the effect

of defeating the very object and purpose the Act. The preamble to the Act also states that

this is an Act to provide for the institution of:

(i) Provident Funds

(ii) Pension Fund and

(iii) Deposit Linked Insurance Fund

for employees in factories and other establishments. It is with this background that one

must interpret the various provisions of the Act and the Scheme related to it.

Applicability

The Employees Provident Funds and Miscellaneous Provisions Act 1952 applies to the

whole of India except the State of Jammu and Kashmir (Section 2). This Act applies

(Section 3) to:

(i) every establishment which is a factory engaged in any industry specified in Schedule I

and in which 20 or more persons are employed, and

(ii) any establishment employing 20 or more persons or class of such establishments

which the Central Government may, by notification in the official gazette specify.

The Central Government through the Employees Provident Fund Scheme 1952 {Section

3 (b)} has specified the establishments covered by the Act. Click here for the complete

list. Applicability to NGOs

Considering the operations of charitable institutions these include the following (though

they should be read with the relevant notification issued):

(i) Educational, scientific research and training institutions.


(ii) Establishments known as hospitals.

(iii) Societies, clubs or associations which render services to their members

without charging any fee over and above the subscripttion fee or membership

fee.

(iv) Establishments rendering expert services.

(v) Financial establishments (other than banks) engaged in the activities of

borrowing, lending, advancing of money and dealing with other monetary

transactions with a view to earn interest.

(vi) Establishments engaged in poultry farming.

(vii) Establishments engaged in cattle feed industry.

(viii) Agricultural farms, fruits, orchards, botanical gardens and zoological gardens.

Definitions

Employee

An employee – sec. 2(f), means any employee who is employed for wages in any kind of

work, manual or otherwise, in or in connection with the work of an establishment, and

who gets wages directly or indirectly from the employer and includes any person:

(i) employed by or through a contractor in or in connection with the work of an

establishment

(ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act

1961, or under the standing orders of the establishment.

An apprentice means a person who according to the certified standing orders applicable

to a factory or establishment is an apprentice or who is declared to be an apprentice by

the authority specified by the appropriate government. • Accordingly, personal or


domestic servants are not employees under the Act.
• Contractor’s Employees: It has been held by the court in Enfield India v RPFC 2000

(85) FLR 519 (Mad) a person doing work of the principal employer, even though

employed by a contractor is also an employee covered by the definition.

• “Excluded Employee” has been defined in para 2(f) to mean an employee:

(i) who having been a member of the fund, withdrew the full amount of his

accumulations on retirement or emigration or

(ii) whose pay at the time he is otherwise entitled to become a member of the fund

exceeds Rs. 6,500.00 p.m.

Employment

The concept of employment essentially involves three ingredients:

(1)Employer

(2) Employee and

(3) Contract of employment

The employment is the contract of service between the employer and the employee

whereunder the employees agrees to serve the employer subject to his control and

supervision. If there is no relation as employer and employee then it is not open to

anyone claim benefit under the statute. Even if a person is not wholly employed, if he is

principally employed in connection with the functioning of the establishment he will be a

person employed within the meaning of the Act.

Exemptions

The provisions of the Employees Provident Funds and Miscellaneous Provisions Act
1952 do not apply to the following institutions (sec 16): (i) any establishment registered
under the Co-operative Societies Act 1912 or under any

other law for the time being in force in any State relating to co-operative societies,

employing less than 50 persons and working without the aid of power.

(ii) Any establishment belonging to or under the control of the Central or State

Government and whose employees are entitled to the benefit of contributory provident

fund or old age pension in accordance with any scheme framed by such government.

(iii) Any other establishment set up under any Central, Provincial or State Act and whose

employees are entitled to the benefit of contributory provident fund or old age pension in

accordance with any scheme framed under that Act.

(iv) The P.F. Scheme is not applicable to tea factories in the State of Assam {para

3(a)(iii)}.

Trainees:

It has been decided by the courts that trainees are not employees and are not covered by

the EPF Act. The court has held that stipend paid is not wages. It must be noted that

trainees were recruited under a particular Training Scheme and there was no guarantee of

employment after completion of the training period and that they were not entitled to

other benefits, which were available to other permanent employees. These aspects have

been decided in Sri Rama Vilas Service Ltd. V RPFC 2000 –I-LLJ-709(Mad) and

Gandhi Vinita Ashram v PFC 1996 (1) CLR 1140 (P&H).

Exempted Establishment

The Central Government may, by notification in the Official Gazette and subject to such

conditions, exempt prospectively or retrospectively, from operation of all or any of the

provisions of the EPF Scheme:


(i) any establishment, the rules relating to its provident fund are not less

favorable that of section 6 of the EPF Act or (ii) (ii) any establishment if its employees
are in enjoyment of benefits in the nature of P.F. , pension or gratuity, which are not less
favorable to employees covered by the Act or the Scheme. Where an establishment is
exempted from any of the provisions of the Act, then such institution must have its own
trust and:

(i) have a Board of Trustees for the trust

(ii) maintain detailed accounts

(iii) submit such returns to the Regional P.F. Commissioner.

(iv) invest monies in accordance with the directions of the Central Government issued

from time to time.

(v) transfer the account of any employee, where necessary

(vi) perform such other duties as may be specified.

Employees Required to Join the Fund

The following employees are required to join the fund (Para 26 of EPF Scheme):

(i) Every employee employed in or in connection with the work of the factory or other

establishment to which the EPF Scheme applies except an excluded employee i.e.

drawing a salary exceeding Rs. 6,500.00 p.m. {Para 26(1)}.

(ii) Every employee is required to join the fund from the date of joining the factory or

establishment {Para 26(2)}.

(iii) Every excluded employee on his ceasing to be excluded employee i.e. makes an

application jointly with the employer.

Registration

If an organisation finds that the Employees' Provident Fund and Miscellaneous

Provisions Act 1952 is applicable to it,then it can fill-in the attached proforma for
registration. The duly filled-in proforma alongwith one or more of the documents
mentioned in the Performa can be submitted to the respective provident fund offices for

getting the registration.

Contributions

The contribution envisaged under sec 6 read with notification dated 9th April 1997 and

para 29 of the EPF Scheme, specifies that the rate of contribution under the E.P.F. Act as

12%. The employer has to deposit 12% of the basic wages, dearness allowance and

retaining allowance (if any), on his part and an equivalent amount on behalf of the

employee, which is to be recovered from the employee’ salary (para 32 of EPF Scheme).

• For this section ‘dearness allowance’ shall be deemed to include the cash value of any

food concession allowed to the employee. The ‘retaining allowance’ means an allowance

payable for the time being to an employee for retaining his services, when the

establishment is not working.

• Basic Wage {sec 2(b)}means emoluments which are earned by an employee while on

duty or on leave or on holidays with wages. It includes cash value of food concession,

dearness allowance and any presents made by the employer.

• Encashment of leave does not fall under dearness allowance or retaining allowance or

basic wages and is not to be considered in computing the amount to be deposited under

the EPF Act. This aspect has been upheld by the court in Hindustan Lever Employees

Union v RPFC 1995 (71) FLR 46 (Bom).

• The Supreme Court, in M.P. Shikshak Congress v RPFC (1999) 1 SCC 396 decided

that the EPF Act was applicable to the teachers and employees of the aided school in

Madhya Pradesh. Further the inclusion of dearness allowance (D.A.) for computing

salary was upheld in the case of Gyan Bharti v RPFC (1996) 2 CLR 734 (Cal).
Upper Limit: There is no upper limit for contribution by an employee towards the E.P.F.
Inspection Charges: The employer has to contribute 0.18% of the basic wages, D.A.,

retaining allowance and cash value of food concession towards inspection charges, (para

30 (3) of the EPF Scheme). This amount cannot be recovered from the employees.

Duties of Contractors: Every contractor shall within 7 days of the close of the month,

submit to the principal employer a statement showing the recoveries of contributions for

employees employed by or through him and such other information to the principal

employer as is required to be filed with the Regional PF Commissioner, (para 36B of the

EPF Scheme).

Time Frame for Deposits: Para 38 of the EPF Scheme specifies that the contributions

and administrative charges have to be deposited within 15 days of the close of the month

by separate drafts / cheques on account of contributions and administrative charges. The

cheque should be on a local branch and deposited with the Reserve Bank or the State

Bank of India.

Attachment: The contributions made towards provident fund cannot be attached by any

decree or order of any court, nor can it be assigned or charged (Sec. 10).

Employees Pension Scheme

1. The Employees Pension Scheme was introduced w.e.f. 16th November 1995.

2. Contributions:

(i) The contribution envisaged under sec 6 is 8.33% of the basic wages, dearness

allowance and retaining allowance (if any) from the employer’s contribution.

{Sec.6A (2)(a)}.

(ii) Ceiling: The contribution of 8.33% has a ceiling of Rs. 541.00 p.m. w.e.f. 1st June

2001. This implies that there is a ceiling on the salary, D.A., and retaining allowance
of Rs. 6,500.00 in computing the contribution towards the pension scheme. {Para 3(2)

of the E.P. Scheme}. (iii) Central Government Contribution: It shall contribute 1.16% of
the pay of the

members of the Employees Pension Scheme to the Fund {Para 3(2) of the Employees

Pension Scheme}.

3. Retention of Membership: An employee shall cease to be a member of the pension

fund on attaining the age of 58 years or from the date of vesting of admissible

benefits under the scheme, whichever is earlier.

4.Commutation: A member after completing 3 years of membership of the pension

scheme can opt for commuting 1/3 of his pension so as to receive 100 times the monthly

pension as commuted value {Para 12A).

5. Monthly Pension: This is based on a formula = (Pensionable Salary x Pensionable

Service) / 70.

(i) Pensionable Salary = average monthly salary over 12 months immediately preceding

the date of exit from the scheme.

(ii) Pensionable Service = service in years rendered by the member for which

contributions have been received. Normally this would be limited to Rs. 6,500.00 p.m.

unless certain enhanced contributions are made by the employer.

Employees Deposit Linked Insurance Scheme:

This is a scheme to provide life insurance benefits t employees. The employer shall pay

0.5% of the salary comprising of basic wages, dearness allowance and retaining

allowance (if any), subject to a maximum salary of Rs. 6,500.00. In addition he has to

pay 0.01% as administrative charges. In the case of an exempted establishment the

inspection charge is 0.005%.


The employee does not contribute to the Employees Deposit Linked Insurance Scheme.

Attachment: The amount due under EDLI cannot be attached by any decree or order of

any court, nor can it be assigned or charged. Declarations, Contributions and Returns

The details of filing declarations, deposit of contributions and returns can be seen as

under: Purpose Form No. Time Frame of EPF Scheme Declaration Form by Employee 2
On Demand 33 Preparation of Contribution Cards by Employer (prepared and kept but
filed with RPFC when employee leaves the scheme)

3A Prepared Monthly and filed at least yearly 35 Deposit Contributions and


Administration Charges Separately Challan 15th of following Month 38 Details of
Employees qualifying to become members of scheme 5 with Form 2 15 days from close
of month 36 Particulars of Ownership of Employer i.e. details of branches etc.

5A Within 15 days of any change 36A Consolidated Return at Commencement of


Scheme 9 Within 15 days 36(1) Return of Members Leaving Service 10 Within 15 days
of close of Month 36(2)(b) Monthly Abstract showing aggregate recoveries made 12 &
12A of EP Scheme 25 days of close of month 38(2) Consolidated Annual Contribution
Statement 6A By April 30, i.e. within one month of close of period of currency 38(3)
Submission of Contribution Cards to RPFC 6 By March 31 and within 20 days of the
close of the month when an employee leaves the service 43

Details of Recoveries made by Contractor submitted to Principal Employer Copy of

Form 12 & names. By 7th of the month 36B Application for Transfer of EPF a/c 13

Within 15 days of close of Month 57 Claim of P. F. Dues by Adult Member 19 After 60


days of leaving service & leaving the scheme 9(2)(b) Claim of P. F. Dues by Minor
Nominee 20 - do – 69 Application for Advance 31 - - Penalties

Para 32A of the EPF Scheme provides for claiming of damages for default in making

payment of any contribution. The details are given below: Sl. No. Period Of Default

Rate of Damages (% of arrears p.a.)

1 Less than 2 months 17%

2 2 months & above but less than 4 months 22%

3 4 months & above but less than 6 months 27% 4 6 months & above 37%

The Central Board has the power to reduce the damages upto 50%, depending on the
merit of the case (para 32B). Section 14 of the E.P.F. Act also prescribes for penalties,
which are.

Details of Violation Penalty

1 For avoiding any payment knowingly makes any false statement or representationShall
be punishable with imprisonment upto 1 year or fine of Rs. 5,000.00 or both.

2 An employer who contravenes sec. 6 (re. contributions) or sec 17(3)(a) for payment of
inspection charges or para 38 re. payment of Administration Charges Shall be punishable
with imprisonment upto 3 years but:(a) will not be less than 1 year and fine of Rs.
10,000.00 if it relates to payment of employees contribution, which has been deducted
by the employer (b) will not be less than 6 months and fine of Rs. 5,000.00, in any other
case.

The court can decide a lesser term for imprisonment but for reasons recorded.

3 An employer who contravenes sec 6C Re. EDLI or sec 17(3A)(a) re inspection charges

Shall be punishable with imprisonment upto 1 years but will not be less than 6 months

and fine of upto Rs. 5,000.00.

4 Failure to comply with any provision of the Act or Schemes Shall be punishable with
imprisonment upto 1 years or with fine of upto Rs. 4,000.00 or both.

5 Contravenes any provision or condition for which exemption u/s 17 was given and no
other penalty is prescribed Be punishable with imprisonment upto 6 months but not less
than 1 month and also fine upto Rs 5,000.00.

Benefits to Employees

1. The employees are entitled to certain benefits by being members under the E.P.F. Act,

which can be seen to be the following:

(i) Income Tax deduction u/s 88 subject to certain conditions.

(ii) Full refund of P.F. with interest on retirement, resignation, retrenchment or death.

(iii) Partial withdrawal for the purposes of:

(a) Housing

(b) Marriage / Higher Education


(c) Temporary Unemployment

(d) Medical Treatment

(e) Natural Calamity

(f)Purchasing equipments for physically handicapped.

(iv) Partial withdrawal of 90% of the amounts standing to the credit of the member
before one year of retirement. (v) Under EDLI, an amount equal to the average balance in
PF of deceased member subject to a maximum of Rs. 60,000.00.

(vi) Monthly pension under the Employees Pension Scheme 1995, on superannuation,

retirement, permanent / total disablement, for widow / widower, for children, for orphan.

2. An important aspect is that there is a regular saving for the employee and a certain

social security.

The position is a standalone generalist role reporting into the General Manager with a
dotted reporting relationship into the Group HR function based at our head office in Cape
Town, South Africa.

Key Outputs/ Responsibilities Include:


• Relationship Management – Monitor and support implementation of behaviour
code and assist GM to manage workplace relationships in line with the code.
• Ensure good working relationships with local and international team: Including
implementation of consultative forum, encouraging team based interaction and
identifying feedback channels to prevent negative conflict from impacting on
productivity;
• People Strategy and Change –Implement global HR Strategy locally by developing
an operational plan in consultation with the GM.
• Apply HR knowledge and understanding of business drivers and contribute to people
strategy for the region.
• Resourcing – Conduct recruitment, selection and Induction in line with agreed plan
and key business processes.
• Reward - Provide input to the annual increase process. Ensure that employees are
appropriately benchmarked, and recommendations fit with financial and business
guidelines. Support management with interpretation of guidelines and market related
data.
• Performance Management - Provide guidance and support ensuring that reviews are
taking place in line with process requirements. Provide guidance and advice to
management on performance related issues.
• Training and Development- Ensure skills matrixes are in place; develop annual
training plan in consultation with GM and budget accordingly; Source and provide
training in line with plan. Support GM to deliver competence of region.
• Track, review and report on Key Performance Indicators including performance
management, training and development; Resourcing and Employee Relations.
Key Competencies:
• Tertiary qualification in Human resources or related field
• Minimum 12 to 15 years experience in HR with at least 5 years in a managerial role
in a manufacturing environment
• Preference to candidates coming from a Lean Manufacturing/World Class
Environment
• Experience recruiting semi-skilled, skilled and professional employees.
• Good track record training and developing others to succeed.
• Sound knowledge of legislation and the application thereof in the manufacturing
environment.
• Experience with implementing and adapting performance management in an
operational facility.
• Self starter who works autonomously with minimal support.
 Proven experience and ability in the preparation of written reports.
 Strong problem solving and decision making skills.
 Analytical thinking skills.
 Attention to detail.
 Ability to work as part of a team to optimise potential of team members.
 Strong computer literacy.
 Accountable.
 Goal oriented.
 Demonstrates integrity/confidentiality.

Key areas of Skill set required


Training & development Skills Plan Skills Matrix Training plans

Organizational Development
Strategic Resourcing Organizational Structure Grading Performance review process
Career & Succession planning Recruitment & Selection Training and development

Recruitment Selection & induction


Interviews Trained Interview panels Offers of employment Recruitment Matrix
Short lists Key performance review criteria Induction plan

Employee Relations
Disciplinary Hearings Staff Committee meetings Grievance Hearings Incapacity reviews

Job Description:

Design and Delivery of Training programs. Competency profiling


Behavioural and soft skill training Leadership development Assessment centers
TPM/TQM Kaizen/5S concepts Blue collar training
Desired candidate profile:

Should have 15-20 yrs of handson in T&D


Should have handson in TPM/TQM/ISO

Changes made by the recent amendments to Section 11 of the Industrial Disputes Act –
Enforcing the Awards of Labour Court.these amendments came into force w.e.f mid
September 2010.

In section 11 of the principal Act, after sub-section eight , the following sub-sections
shall be inserted, namely:

“(9) Every award made, order issued or settlement arrived at by or before Labour Court
or Tribunal or National Tribunal shall be executed in accordance with the procedure laid
down for execution of orders and decree of a Civil Court under order 21 of the Code of
Civil Procedure, 1908

(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall
transmit any award, order or settlement to a Civil Court having jurisdiction and such
Civil Court shall execute the award, order or settlement as if it were a decree passed by
it.”

By introduction of the provision the award of Labour Court / Tribunals is now


additionally executable by a Civil Court. After the Labour Court/Tribunal passes the
award it shall be transmitted to the Civil Court for execution. By this process both the
moveable and immovable property of the Judgment Debtor i.e. the person/company
against whom the award is passed can be attached. Also the Judgment Debtor can be
arrested and put in prison. Earlier the awards were executed by the Revenue Recovery
process alone.

REFERENCES
ISSUE RAISED /FACTS HELD
1 STANDARD CHARTERED 1 ACCORDING TO THE ‘5’ BENCH 1 THE PROCEDURE PRESCRIBEDFOR
BANK SCJUDGEMENT IN 2002 (92) FLR PROCESSING [33(1), 33(3)AND 33(2)
667[JAIPUR ZILLA CASE] (B) BEING THE SAMEAND THE
INTERMINATION CASES DEFURE TERMINATION TAKES
Vs
ATTRACTINGSECTIONS 33(1) & EFFECT ONLY LATER,THE
33(3) OF THE IDACT, DEFACTO & WORKMAN SHOULD BEGIVEN THE
GOVIND PHOPALE
DEJURESEVERENCE OF THE SUBSISTENCEALLOWANCE FOR
2003 (96) FLR 145[HC-
EMPLOYEETAKES PLACE ONLY THE PERIODTILL DISPOSAL OF
BOM-SB]
AFTER WRITTENPERMISSION IS THEAPPROVAL PETITION
OBTAINED AND A TERMINATION
OR
ORDER IS ISSUED
2
2003 (3) LLJ 1036
WHERE AS IN THE CASE OF
TERMINATION ATTRACTING 33(2)
(B),THE DEFACTO TERMINATION
ISPRECEDED BY DEJURE
3 SEPARATION
IN THE 33(1) & 33(3) CASES THE
WORKMEN IS ENTITLED TO
WAGESTILL FORMAL WRITTEN
PERMISSIONIS OBTAINED
4
THE QUESTION RAISED IS
WHETHERIN TERMINATION CASES
UNDER33(2)(B) IS THE WORKMAN
ELIGIBLEFOR SUBSISTENCE
ALLOWANCEFROM THE
TERMINATION DATE TILLTHE DATE
OF DISPOSAL OF THE APPROVAL
PETITION ?
2 MANAGEMENT OF 1 ACCORDING TO THE 1 QUOTING THREE APEX
KALEESWARA MILLS STANDINGORDER ANY EMPLOYEE COURTDECISIONS IN
CONVICTEDFOR A CRIMINAL MANAGEMENT OFRESERVE BANK
Vs OFFENCE IS LIABLETO BE OF INDI[1994(68) FLR
DISMISSED 22(SC)]RANCHODJI
PRESIDING OFFICER CHATURJITHAKORE’S CASE
LABOUR COURT 2002 [1997(91) FLR53 (SC)] AND HUKMI
EMPLOYER
(95) 2 CHANDSCASE [1998 (79)FLOR 743
ACCORDINGLYDISMISSED THE
(SC)]HELD THAT THE
WORKER [AFTERISSUE OF DUE
FLR 822[HC-MAD-DB] ABSENCEFROM EMPLOYMENT
NOTICE]
WAS DUETO NO FAULT OF
3 THEEMPLOYER AND
ON APPEAL THE HENCEEMPLOYER NOT BOUNDER
4 CRIMINALCONVICTION WAS SET 2 TO PAY ANY BACK WAGES
ASIDE AFTERA FEW YEARS
5
WORKER WAS REINSTATED
WORKMEN WILL BE REINSTATED
IS THE WORKER ENTITLED
WITHOUT ANY BACK WAGES
OREMPLOYER OBLIGATED TO
PAYBACK WAGES FOR PERIOD
HEREMAINED OUT OF
EMPLOYMENT
3 INDIAN TELEPHONE 1 MANAGEMENT DISMISSED A 1 QUOTING THE SUPREME COURT
INDUSTRIES LTD WORKMAN AND FILED AN CONSTITUENT BENCH DECISION
APPROVAL PETITION UNDER IN JAIPUR ZILLA VIKAS BANK
Vs SECTION 33(2)(b) AS THERE WAS CASE [2002(92)FLR667(SC)]HELD
AN INDUSTRIALDISPUTE PENDING THAT, ONCE THE33(2)(B) PETITION
PRABHAKAR MANJARE HAS BEEN DISPOSED OF AND
2
THE APPROVAL PETITION WAS APPROVAL REQUEST TURNED
2002(95) FLR 1108[SC REJECTED FOR NOT COMPLYING DOWN, THE MANAGEMENTS
WITH PROVISIONS OF 33(2)(B) DISMISSAL ACTION BECOMES
PROPERLY VOID AND IT CANNOT BE
3
REOPENED AGAIN
MANAGEMENT THEN
2
2001 (II) LLJ 199 [SC-5 RESUBMITTED AN APPLICATION A SECOND APPROVAL
BENCH] OR 2001 (3) LLN AFTER RECTIFYING THE DEFECTS APPLICATION IS THEREFORE NOT
4
105 [SC-5 BENCH] MAINTAINABLE
CAN MANAGEMENT MAKE A
SECOND APPLICATION AFTER THE
FIRST ONE WAS REJECTED ?
4 CHENNAI PORT & DOCK 1 EXISTING SERVICE RULES 1 IF THE CURRENT SERVICE RULES
WORKERS CONGRES SILENTABOUT TRANSFER OF DO NOT PROVIDE FOR
EMPLOYEES PROVISIONS ON TRANSFER
VS MANAGEMENT CAN
TRANSFEREMPLOYEES ONLY
UNION OF INDIA AFTERGIVING NOTICE OF
CHANGEUNDER SECTION 9A
2002(94) FLR 1072[HC-MAD- IF EMPLOYEE IS TRANSFERRED ANDCOMPLETE THE
2
SB] WILLIT AMOUNT TO VIOLATION PROCEDUREPRESCRIBED IN ID
OFSECTION 9A OF THE ID ACT ACT

5 SMT PAKKIYAM 1 CAN THE LABOUR 1 THERE IS NO PERIOD OF


COURTENTERTAIN BELATED LIMITATION PRESCRIBED UNDER
VS AND STALECLAIMS UNDER SECTION 33(C) OF IDACT
SECTION 33 (C) (2)OF THE ID
EXECUTIVE ACT ?
ENGINEER,SOUTHERN
RAILWAY
HOWEVER, IF LONG DELAYSARE
2002(94) FLR 1207[HC-KER- NOT PROPERLY EXPLAINED THE
SB] LABOUR COURT CAN REJECT
2
STALE CLAIMS

6 CANARA BANK EMPLOYEES 1 AS PER SECTION 19(2) & 19(6) 1 QUOTING THE EARLIER SUPREME
UNION aSETTLEMENT OR AWARD COURT DECISION IN THE LIC
CAN BETERMINATED BY THE CASE [AIR 1980 SC-2181] HELD ON
VS PARTIESAFTER THE VALIDITY TERMINATION OF A SETTLEMENT
CANARA BANK 2002(94) FLR PERIOD IS OVER OR AWARD THERE WILL BE NO
985[HC-KER-DB] GOING BACK TO THE
ON ISSUE OF SUCH A PREAWARDOR PRE-SETTLEMENT
2
TERMINATION DOES IT PROVISIONS
AMOUNT TO GOING BACK TO 2
THE PRE-SETTLEMENT OR
THE TERMS UNDER THE
PREAWARD SERVICE
TERMINATED AWARD/
CONDITIONS ?
SETTLEMENT WILL CONTINUE TO
BE BINDING ON THE PARTIES
UNTIL THE TERMS ARE ALTERED
THROUGH A FRESH SETTLEMENT
OR AWARD
7 UNNIKRISHNA PILLAI 1 AS PER SECTION 25B OF ID 1 THE RIGHT TO CLAIM RE-
ACT A WORKMAN ENGAGEMENT IS NOT LIMITED TO
VS RETRENCHED WOULD WORKMEN WHO RECEIVE
BEENTITLED TO RECEIVE COMPENSATION
P.O. LABOUR COURT UNDER SECTION 17(B) OF ID
2002 (95) FLR 299[HC-KER- ACT EMPLOYER BOUND TO 2
WORKMEN WHO DID NOT SATISFY
SB] PAY LAST DRAWN WAGES AS
SECTION 25-B REQUIREMENTS
SUBSISTENCE ALLOWANCE
ARE ALSO ENTITLED TO RE-
DURING PENDENCY OF
ENGAGEMENT
CHALLENGE BEFORE HIGH
COURT/SUPREME COURT.

2 SECTION 25-H STIPULATES


THATRETRENCHED
WORKMEN SHOULDBE RE-
ENGAGED IF OPERATIONSARE
RESUMED AT ANY
FUTUREDATE

3 ARE WORKMEN WHO WERE


RETRENCHED WITHOUT
COMPENSATION [THAT IS NOT
SATISFYING THE 240 TEST]
ENTITLED TO RE-
ENGAGEMENT BENEFIT
UNDER SECTION 25-B
8. RANJIT SINGH 1 WORKMEN AT HYDERABAD 1 ONCE THERE IS A VALID
TRANSFERRED TO MANIPAL TRANSFER THE JURISDICTION
VS FOR RISING INDUSTRIAL DISPUTE
PRESIDING OFFICER HE REFUSED TO JOIN AT WILL BE THE PLACEOF NEW
2
MANIPAL AND RAISED A POSTING
2003(1) LLJ 1100 DISPUTE HAS IND. TRIBUNAL 2
[HC-P&H – DB] HYDERBAD THE FACT THAT THE EMPLOYEE
IS ILLEGALLY KEEPING AWAY
FROM THE PLACE OF POSTING
3 JURISDICTION TO TRY THE
WILL NOT ALTER THIS POSITION
CASE OR SHOULD THE ID BE
RAISED AT MANIPAL ?
3
JURISDICTION OF HYDERABAD IS
THEREFORE RULED OUT
9 SURAJ PALSING 1 SECTIONS 25-B AND 25-F OF 1 ACTULLY WORKED SHOULD BE GIVEN THE
ID ACT STIPULATE THE MARKED DAYS FOR WHICH HE RECEIVFGED
QUALIFYING CONDITIONS PAYMENT
FOR RECEIVING
VS RETRENCHMENT
EVEN IF 240 DAYS TEST NOT SATISFIED IN
COMPENSATION
2 THE IMMEDIATE PREVIOUS 12 MONTHS IF IN
LABOUR 25B(2)(A) STIPULATES THAT
ANY OF HIS EARLIER YEARS,M HE HAS
COURT 2 SATISFIED THE TEST, HE CANNOT BE
TO QUALIFY A WORKMAN
DENIEDRETRENCHMENTCOMPENSATION
2002(95) FLR WHO IS NOTIN REGULASR
521 [HC-DEL- SERVICE MUST HAVE
‘ACTUALLY WORKED ‘FOR
SB] ATLEAST 240 DAYS DURING
NOTE : A WORKING ONREGULAR
2002(III) LLJ EMPLOYMENT NEED NOT GO THROUGH
THE 12 MONTHS PRECEDING
3 THIS 240 DAY TEST TO QUALIFY
885 THE DATE OFRETREBCGNEBT
a
STATE OF TWO QUESTIONS WERE
RAJASTHAN RAISED

WILL ‘ACTUALLY
VS WORKED’INCLUDE NON
b
WORKING DAYS FOR WHICH
MAHENDRA WORKER RECEIVED WAGES ?
JOSHI IF WORKMAN DID NOT
2002 (95) FLR SATISFY 240 DAYS IN THE
595 [HC-RAJ- IMMEDIATE [PREVIOUS 12
DB] MONTHS, BUT HAD SATISFIED
THE 240 TEST FOR EARLIER
YEARS WOULD HE BE
ENTITLED FOR
RETRENCHMENT
COMPENSATION ?
10 BANK OF 1 WORKMAN CHALLENGED 1 ONCE THE TRIBUNAL FINDS THE DOMESTIC
BARODA HISDISMISSAL UNDER ENQUIRY IS IN ORDER, THE COURT HAS TO
SECTION 11A OFID ACT DISPOSE OF THE CASE ON THE BASIS OF
VS THE EVIDENCE ALREADY EXISTING
TRIBUNAL AFTER
G SRIRAM 2 2. THE TRIBUNAL CANNOT PERMIT FRESH
HOLDINGDOMESTIC ENQUIRY
2003 (I) LLJ EVIDENCE TO BE TAKEN
VALID PERMITTED THE
905[HC-AP-DB]
WORKMAN TO LEAD
ADDITIONAL EVIDENCE SEE THE LEADING CASE OF THE SUPREME
COURT ON POWERS OF TRIBUNALS UNDER
3 3
IS THIS ACTION OF TRIBUNAL SECTION 11A IN NEETA KAPLISH’S CASEIN
VALID 1999 (I) LLJ 275
11 RANJIT SINGH 1 MANAGEMENT DECIDED 1 ONLY ON PERMISSION BEINGGRANTED
TOTERMINATE UNION DOES THE JURALRELATIONSHIP
VS LEADERS FORINVESTIGATING WITHEMPLOYER COME TO AN END
ILLEGAL STRIKE
PRESIDING
CITING SEVERAL SUPREMECOURT
OFFICER
SINCE A DISPUTE WAS DECISIONS, HELD WORKMAN ENTITLED TO
PENDINGFILED A PERMISSION SUBSISTENCE ALLOWANCE DURING
2003(1) LLJ 2
APPLICATIONBEFORE PERIOD OF SUSPENSION THAT IS TILL THE
1100[HC-P&H-DB]
PRESIDING OFFICER PETITION UNDER 33(1) IS DISPOSED OFF BY
TOCOMPLY WITH PROVISIONS THE TRIBUNAL
OFSECTION 33(1)

WORKER WAS PLACED


3 UNDER SUSPENSION BUT
NOT PAID ANY SUBSISTENCE
ALLOWANCE

4 IS THE WORKMAN ELIGIBLE


FOR SUBSISTENCE
ALLOWANCE?
12 PRAMOD JHA 1 AS PER SECTION 25 1 SECTION 25(E) DOES NOT STIPULATE THAT
(F)RETRENCHMENT WOULD BE PAYMENT HAS TO BE MADE AT THE TIME OF
VS ILLEGAL IF NOTICE OF GIVING NOTICE
RETRENCHMENTPAYMENT OF
STATE OF BIHAR COMPENSATION
THE SECTION REQUIRES ONLY PAYMENT
2003(2) LLJ 159 ANDINTIMATION TO
TO BE MADE AT TIME OF ACTUAL
[SC] GOVERNMENT IS NOTALL DONE 2
RETRENCHMENT
TOGETHER

IN THIS CASE PAYMENT WAS MADE AT


THE WORKMAN CHALLENGED
2 3 TIME OF RETRENCHMENT
HISRETRENCHMENT ON THE
GROUNDTHAT THE PAYMENT
WAS NOT MADEAT THE TIME ACTION OF MANAGEMENT UPHELD
OF NOTICE 4

REFERENCE ISSUE RAISED HELD


1BPL LTD 1 GOVERNMENT 1 SINCE THERE WAS A STAY
REFERED A DISPUTE ORDER AND THER WAS NO
VS TO INDUSTRIAL ADJUDICATION PENDING ON
TRIBUNAL FOR THE DATE OF DISMISSAL,
SUDHAKAR 2 ADJUDICATION THERE WAS NO VIOLATION
OF SECTION 33(2) (b) OF
2005(104) 3 MANAGEMENT 2 ID ACT
FLR450-[SC] OBTAINED A STAY ON
THIS REFERENCE NO APPROVAL WAS
REQUIRED FROM TRIBUNAL
4 MANAGEMNT
DISMISSSED AN
EMPLOYEE WITHOUT
APPLYING FOR 33(2)
APPROVALS

5 INDUSTRIAL
TRIBUNAL AND
SUBSEQUENTLY THE
HIGH COURT ALSO
HELD THAT AN
INTERIM STAY WILL
NOT ABSOLVE
MANAGEMNT FROM
ITS RESPONSIBILTY TO
OBTAIN PERMISSION
UNDER SEC33(2)(b)

MANAGEMNT
CHALLENGED THIS IN
SUPREME COURT
2MANAGEMENT OF 1 LABOUR COURT HELD 1AFTER HAVING FOUND THE
GORDON CLOSURE TO BE CLOSURE TO BE BONA-FIDE
WOODROFFE LTD PROPER AND VALID AND IN COMPLIANCE WITH
LAW,THE LABOUR COURT
VS 2 AFTER HOLDING HAS NO AUTHORITY TO
CLOSURE AS PROPER ORDER PAYMENT
PO PRINCIPAL LAB AND VALID OREDERED OFADDITIONAL
COURT PAYMENT OF COMPENSATION OR EX-
3 ADDITIONAL GRATIA OVER AND ABOVE
2004(3) COMPENSATION AND THE CLOSURE
LLJ 539[SC] EX-GRATIA ON COMPENSATION PAYABLE
OR GROUNDS OF SOCIAL UNDER ID ACT
2004(102) JUSTICE
FLR 1013[SC]
4 SINGLE BENCH AND
DIVISION BENCH OF
THE HIGH COURT
UPHELD THE LABOUR
COURT ORDER FOR EX-
GRATIA AND
ADDITIONAL
COMPENSATION

MANAGEMENT
CHALLENGED THE HC
ORDER IN SC
3MUKESH TRIPATHI 1 THE 1 THOUGH THE DEFINITION OF
DEFINITION OF “WORKMAN” IN SEC 2(S) OF
VS “WORKMAN” UNDER THE ID ACT 1947 INCLUDES
SECTION 2(S) OF ID AN APPRENTICE,THROUGH
ACT THE SUBSEQUENT SPECIAL
SAYS IT SHALL ALSO LEGISLATION ON
Sr DIVISIONAL 2 INCLUDE APPRENTICE APPRENTICES[APPRENTICES
MANAGER LIC ACT 1961] STATUTORY
CAN APPRENTICE APPRENTICES HAVE BEEN
2004(103) THEREFORE RAISE SPECIFICALLY EXCLUDED
FLR 350 [SC DISPUTES OR CLAIM FROM THE PURVIEW OF
BENEFITS UNDER ID LABOUR LAWS[SEE Sn 18 OF
ACT 2 APP ACT 1961][EXCEPT FOR
BENEFIT UNDER WC ACT
3 1923]

THEREFORE ALL
STATUTORY APPRENTICES
ARE NOT WORKEAN UNDER
ID ACT

NON STATUTORY
APPRENTICES CAN CLAIM
4 BENIFIT/STATUS OF
WORKMEN ONLY IF THEY
CAN ESTABLISH THAT THEY
ARE DOING THE JOBS SPELT
OUT IN SEC 2(S) LIKE
MANNUAL, SKILLED,
UNSKILLED,
TECHNICAL, OPERATIONAL,
CLERICAL OR SUPERVISORY
WITH SALARY OR LESS
THAN Rs1600 PM

IF THEY CANNOT ESTABLISH


THIS THEY
WOULD NOT BE WORKMEN
4ALARSIN 1 SEC 9A OF ID ACT 1 ITEMS 10 & 11 OF THE 4
MARKETING STIPULATES THAT SCHEDULE IS ATTRACTED
EMPLOYEES UNION EMPLOYER MUST GIVE ONLY WHEN THE PLANT,
NOTICE OF CHANGE OCCUPATION OR SHIFT IS TO
VS 2 FOR ITEMS FALLING CONTINUE WITH INCREASED
UNDER SCHEDULE 4 OR DECREASED MANNING
ALARSIN OF THE ACT 2
PHARMACEUTICALS IF THE PLANT, OCCUPATION
LTD ITEMS 10 & 11 OF OR SHIFT IS TOTALLY
SCHEDULE 4 READS AS DISCONTINUED OR CLOSED,
2004(3) FOLLOWS SEC9A IS NOT ARTTRACTED
LLJ 870 “10.RATIONALISATION, &HENCE NO VIOLATION
[HC-BOM-SB] STANDARDISATION OR
IMPROVEMENT OF
PLANT OR TECHNIQUE
WHICH IS LIKELY TO
3 LEAD TO
RETRENCHMENT OF
WORKMEN”
“11.ANY INCREASE OR
4 REDUCTION IN THE
NUMBER OF PERSONS
EMPLOYED OR TO BE
EMPLOYED IN ANY
OCCUPATION OR SHIFT
NOT OCCASIONED BY
CIRCUMSTANCES
OVER WHICH
EMPLOYER HAS NO
CONTROL”

EMPLOYER CLOSED
DOWN ITS MAILING
SECTION &
RETRENCHED THE
WORKMEN WITHOUT
GIVING ANY NOTICE
OF CHANGE

UNIONS ALLEGED
VIOLATION OF
SECTION 9A
5SANGHAM TAPE 1DOES THE LABOUR 1 ONCE AN AWARD OF A
COMPANY COURT OR TRIBUNAL LABOUR COURT/TRIBUNAL
HAVE POWERS TO SET BECOMES ENFORCEABLE AS
VS ASIDE ITS OWN EX- PER SECTION 17-A THE
PARTE AWARD COURT, TRIBUNAL WILL
HANS RAJ HAVE NO AUTHORITY OR
2 POWER TO SET ASIDE ITS
2004(3) OWN EX-PARTE DECISIONS
LLJ 1141[SC]
HOWEVER IT THE PARTIES
APPROACH THE
COURT/TRIBUNAL WITHIN 30
DAYS OF THE PUBLICATION
OF THE AWARD, THE
COURT/TRIBUNAL WILL
HAVE POWER TO SET ASIDE
ITS EX-PARTE AWARD
6M/S MARUTI UDYOG 1 AS PER SEC25 H, A 1THE RIGHT OF RE-
LTD RETRENCHED EMPLOYMENT IS
WORKER HAS A RIGHT AVAILABLE ONLY TO
VS OF RE-EMPLOYMENT WORKMEN RETRENCHED
2 IF THE EMPLOYER UNDER 25 F AND THIS RIGHT
RAMLAL & OTHERS REVIVES THE IS NOT AVAILABLE TO
[2005(104) OPERATION WORKMEN WHO LOSE THEIR
FLR 820-SC] JOBS DUE TO TRANSFER
OR AS PER SEC 25 FF & UNDER 25FF OR 25FFF
[2005(1) 25FFF WHEN AN
LLJ 853] 3 UNDERTAKING IS
TRANSFERRED OR
CLOSED, AFFECTED
WORKMEN ARE
ELIGIBLE FOR
COMPENSATION AS
APPLICABLE UNDER
SEC 25 F

ARE WORKMEN WHO


LOSE THEIR JOB
CONSEQUENT TO
TRANSFER OR
CLOSURE OF AN
UNDERTAKING
ELIGIBLE TO CLAIM
RE-EMPLOYMENT
UNDER 25-H IF THE
UNDERTAKING IS
REVIVED AND
OPERATIONS
RE-STATRED?
7OSWAL 1 AS RER SECTIOB 25-N 1 ANY AGREEMENT OPPOSED
AGROFURANE LTD AND 25-O AN TO PUBLIC POLICY [IN THIS
EMPLOYER WHO CASE REQUIREMENT OF
VS INTENDS TO GOVERNMENT PERMISSION]
RETRENCH/CLOSE IS NULL AND VOID AS PER
OSWAL WORKERS DOWN IS REQUIRED TO SECTION 23 OF THE INDIAN
UNION 2 APPLY FOR 2 CONTRACT ACT 1872
[2005(1) GOVERNMENT
LLJ 1117-SC] PERMISSION SINCE THE CONTRACT IS
VOID AB-INITIO, IT IS NOT
3 COMPANY WITHOUT ENFORCEABLE BY LAW
APPLYING FOR
GOVERNMENT
PERMISSION, ENTERED
INTO CONCILIATION
SETTLEMENT WITH
THE WORMEN ON THE
CLOSURE OF THE
ESTABLISHMENT

IS SUCH A
SETTLEMENT
ENFORCEABLE?
8DAMOH PANNA 1UNDER SECTION 11-A 1 IT IS NOT CORRECT TO SAY
RURAL BANK OF ID ACT, LABOUR THAT LABOUR COURTS
COURTS ARE HAVE UNLIMITED AND WIDE
VS EMPOWERED TO POWERS UNDER SECTION 11-
REDUCE THE 2 A TO REDUCE PUNISHMENTS
SARVESH BERRY PUNISHMENT OF
[2005(104) DISMISSED WORKMEN NORMALLY EMPLOYER
FLR 291-SC] IF THE COURT FINDS ALONE SHOULD BE THE
THE PUNISHMENT TOO APPROPRIATE AUTHORITY
HARSH OR TO DETERMINE
DISPROPORTIONATE 3 PUNISHMENTS FOR
TO MISCONDUCT ENSURING DISCIPLINE
COMMITED
LABOUR COURTS CAN
IS THERE ANY INTERFERE ONLY IF THE
LIMITATION TO POWES LABOUR COURT GIVES A
OF THE LABOUR 4 REASONED ORDER
COURT? SHOWING THAT THE
PUNISHMENTS IMPOSED BY
EMPLOYER IS SHOCKINGLY
DISPROPORTIONATE AND
HAS DISTURBED
CONSCIENCE OF THE COURT

COURTS MERELY
MENTIONING THAT THE
PUNISHMENT IS SHOCKING
OR DISPROPORTIONATE
WOULD NOT BE ENOUGH
Everybody would have come across the recent update in the PF website in chennai about
the definition of Basic wages.As per the same, the department has posted a update which
claims to include Conveyance part of the salary also in to Basic wages.

For example for the following salary split

Baisc 2700 HRA 2400 Conveyance 800 Other allowance 100.

What we have been practising and following so far is that for the purpose of considering
Basic wages, we will take Rs.2700 alone. But as per the update given, the department
is construing the judgement of Division Bench of the Honourable Andhra Pradhesh High
Court in

Nazeena Traders (Private) Limited v The Regional

Provident Fund Commissioner, that the EPF & MP Act, 1952 (citation not
mentioned in the website) that except HRA portion which is specifically excluded in the
section, apart from Rs.2700, another Rs.800+Rs.100 is added to the basic, and
contribution to be paid on this.

EPF & MP Act, 1952 is a beneficial

legislation enacted as a measure of social justice and should be construed


liberally so as to confer benefit on the employees to the maximum extent
and
finally as per the guidelines laid down by the Hon’ble Supreme Court in The
Regional Provident Fund Commissioner, Punjab v Shibu Metal Works 1964-
65 (27) FJR 491, in construing the material provisions of the Act, if two
views are reasonable possible, the Courts should prefer the view which helps
the achievement and furtherance of the object, which is also clearly defined
in Balbir Kaur and another v Steel Authority of India Ltd. and other; T.K.
Meenakshi (Smt.) and another v Steel Authority of India ltd. and Others as “to ensure
better future of the employee concerned on his retirement and for the benefit of the
dependants in case of his earlier death”. Moreover, in the matter of State Vs. Girdhari lal
Bajaj, 1962 II LLJ 46 (Bom.DB), the Hon’ble Court observed that when there is doubt
about their meaning, it is to be understood in the sense in which it best harmonizes with
the subject of the enactment and the object which the legislature has in view"
Competency Matrix is the list of requirements a person as an employee in a particular
designation needs to have, be it the skills, the education, the experience, additional
knowledge etc...

Competency Mapping is the document to see in which, a particular employee being in


that position is meeting the specified requirements as mentioned in the Competency
Matrix.

TPM Definition
A company-wide team-based effort to build quality into equipment and to improve
overall equipment effectiveness

Total

• all employees are involved

• it aims to eliminate all accidents, defects and breakdowns

Productive

• actions are performed while production goes on

• troubles for production are minimized

Maintenance

• keep in good condition

• repair, clean, lubricate

TPM combines the traditionally American practice of preventive maintenance with Total
Quality Control and Total Employee Involvement, to create a culture where operators
develop ownership of their equipment, and become full partners with Maintenance,
Engineering and Management to assure equipment operates properly everyday.

Origins of TPM
• Dr. Deming introduced statistical analysis and used the resulting data to control quality
during manufacturing (TQM)

• Some general concepts of TQM did not work well in the maintenance environment

• The need to go further than preventive maintenance was quickly recognized by those
companies who were committed to TQM

• Maintenance became an integral part of TQM in the early 90’s

Total Productive Maintenance Principles


• Increase Overall Equipment Effectiveness (OEE)

• Improve existing planned maintenance systems

• The operator is the best condition monitor

• Provide training to upgrade operations and maintenance skills

• Involve everyone and utilize cross-functional teamwork

8 Major Pillars of TPM


8 TPM Pillars

1st TPM Pillar: Autonomous Maintenance


Train the operators to close the gap between them and the maintenance staff, making it
easier for both to work as one team

Change the equipment so the operator can identify any abnormal conditions and measure
deterioration before it affects the process or leads to a failure

7 steps are implemented to progressively increase operators knowledge,


participation and responsibility for their equipment

1. Perform initial cleaning and inspection

2. Countermeasures for the causes and effects of dirt and dust

3. Establish cleaning and lubrication standards

4. Conduct general inspection training

5. Carry out equipment inspection checks

6. Workplace management and control

7. Continuous improvement
2nd TPM Pillar: Equipment and Process Improvement
Objective: maximize efficiency by eliminating waste and manufacturing losses

Manufacturing losses are categorized into 13 big losses:

• Equipment losses (6)

• Manpower losses (4)

• Material losses (3)

Equipment Losses

Equipment Losses

Manpower and Material Losses


Manpower and Material Losses

OEE: Overall Equipment Effectiveness


OEE figures are determined by combining the availability and performance of your
equipment with the quality of parts made

OEE measures the efficiency of the machine during its planned loading time. Planned
downtime does not effect the OEE figure.

OEE: Overall Equipment Effectiveness


3rd TPM Pillar: Planned Maintenance
Objective: establish Preventative and Predictive Maintenance systems for equipment and
tooling

Natural life cycle of individual machine elements must be achieved

• Correct operation

• Correct set-up

• Cleaning

• Lubrication

• Retightening

• Feedback and repair of minor defects

• Quality spare parts

4th TPM Pillar: Early Management of New Equipment


Objective: establish systems to shorten
• new product or equipment development

• start-up, commissioning and stabilization time for quality and efficiency

New equipment needs to be:

• easy to operate

• easy to clean

• easy to maintain and reliable

• have quick set-up times

• operate at the lowest life cycle cost

5th TPM Pillar: Process Quality Management


Definition: a process for controlling the condition of equipment components that affect
variability in product quality

Objective: to set and maintain conditions to accomplish zero defects

Quality rate has a direct correlation with

• material conditions

• equipment precision

• production methods

• process parameters

6th TPM Pillar: TPM in Administrative and Support


Departments.
Administrative and support departments can be seen as process plants whose principal
tasks are to collect, process, and distribute information

Process analysis should be applied to streamline information flow


7th TPM Pillar: Education and Training
TPM is a continuous learning process.

2 major components

• soft skills training: how to work as teams, diversity training and communication skills

• technical training: upgrading problem-solving and equipment- related skills

8th TPM Pillar: Safety and Environmental


Management
Assuring safety and preventing adverse environmental impacts are important priorities in
any TPM effort.
The latest techniques in the field of Human Resource
Development are:

Employees for Lease:


Sometimes the organizations depend upon consultancy agencies or
individual consultants for their expertise to tap and utilize their expert
knowledge. The consultancy agencies offer expert advice and the
execution of the advice is left to the employees of the organization.
The employees may in some of the cases fail to covert the know-how
into a project. Under such circumstances, new types of organizations
will emerge, which would be called as Employee Leasing Organization.
These leasing organizations will be principal employers and send the
required number and kind of employees to various organizations on
lease basis.

They collect the fee & other charges from various industries & pay the
salaries, provide benefits to the employees. The Leasing company will
pay complete salary and benefits to the employees irrespective of the
number of days that the employee is sent to various organizations on
lease.
This type of agreement is beneficial to the leasing company, specialist
employees and the industry. The industry with limited budget can
utilize the expert advice & service of most competent human
resources.

Moonlighting by Employees:
This is a situation, which arises among employees on account of
dissatisfaction from present wage & salary structure. They feel that
employer enjoys the increased profit and that they are being exploited
by the employer. Consequently they agitate for hike in wages or take
up another part-time job or business simultaneously with that of the
original job. This is also known as Double Jobbing.

Moonlighting by employees affects almost all the functions of Human


Resource Management. The effects of Moonlighting would be mostly
negative & it poses challenges to the personnel manager. Presently
very limited number of employees does moonlighting, but the number
of employees will go on increasing due to change in employee values
& expectations. Management will have to take all possible care in
selection process about the possibility of moonlighting by the
prospective candidates.

Dual Career Groups:

There has been a tremendous increase in the number of female


employees in all types of organizations due to: -

* increased career orientation among women in recent years.


* creation of variety of jobs.
* higher level commitment
* better performance.
* Less demanding & agitative oriented.
* Economic Freedom.
* Better Social Status.
* Aspirations for quality of work life.

Due to dual career groups, both wife & husband will be loaded with
grievances & problems as both of them share their problems, both at
work and off the job. In view of overloading of the problems to both the
members in dual career groups, they spend heir time and energy in
solving the problems or in getting the grievances redressed for both
the parties. So, there will be possibility of less commitment to the work
in the organization by both the parties.

Due to this new trend in HR, in a nutshell, the HR manager should treat
people as resources, reward them equitably, and integrate their
aspirations with corporate goals through suitable HR policies.

Flexi-time & Flexi-work:


The number of hours in a day, number of days in a week and work
schedule when the worker has to perform is normally stated in the Job
Description. The concept of Flexi-time has been introduced in order to
suit the convenience of the workers without affecting the
organizational functioning. Flexi-time is a program that allows flexible
entry and leaving times for employees. Flexi-time increases
productivity, decline in absenteeism, and reduction in employee
turnover & increase in morale.

Flexi-work:
It is a program that allows flexibility in handling the type of work in
various departments of the organizations in systematic way by the
employee during his tenure of employment in an organization. For
example, a candidate may be selected as a clerk in the Personnel
Department and after two years he may be allowed to take up work in
any other department of the organization.

Training & Development:


Organizations spend a lot of time and resources in training, developing
and educating their employees in tune with the job awareness and
organizations' requirements. This is mostly due to the absence of
linkage between the industry and universities. Organizations in future
will establish their own educational institutes. These institutes will
frame their course curriculum to suit the requirements of various jobs
in the organization as a whole. These institutes will go on changing the
course curriculum depending upon the changes in technology, work
methods, production process, activities and so on.

The intake of these institutes depends on exclusive requirements of


organization. After the completion of the course, the candidate will be
awarded a diploma and absorbed by the organization. This
management arrangement will automatically take care of the problem
of unemployment and underemployment. This arrangement will also
minimize the duration of time to be spent by the candidate in his
educational process.

Management Participation in Employees' Organizations:


With the formation and recognition of employees' organizations, the
management cannot make unilateral decisions those affect employee
relationship directly or indirectly. Decisions relating to policies on
employment, training, transfer, promotion, adoption of latest
technology etc. are no longer determined by unilateral action of
management and must now be discussed with the representatives of
employees' organizations. Decisions on the policies and administration
may still rest with management, but they are frequently subject to
question and criticism by union representatives under a formal
grievance procedure.
This technique enables the two parties to exchange ideas, opinions,
information and knowledge to understand each other's viewpoint, with
an open mind and thereby avoid all misunderstandings. Thus, the
management representatives may provide effective plans,
suggestions, advice organization and directions for sound
management and functioning of federations and unions for the
common good of both the parties.

COLLECTIVE BARGAINING:
It is an institutional process for solving problems arising directly out of
employer-employee relationships. Through collective bargaining. the
two parties become responsive to each other. Employees ventilate
their problems relating to wages, employee benefits etc. while the
management puts forth its demands regarding employee co-operation
and commitment so as to maximize its profits. Thus, the two parties
discuss the problem and each party tries to solve the problems of the
other. The scope of collective bargaining is wider as the solutions for
common problems can be found directly through negotiations between
both the parties.

COLLABORATIVE MANAGEMENT:
It is the general practice that the owners and/or their representatives
manage the organization. But most of the organizations have started
allowing their employees to participate in management. It is viewed
that different parties concerned with the organizational activities will
manage the organization through participation. Such type of
management system is referred as 'Collaborative Management'.
Employee's participation in management was initiated to satisfy
workers' psychological needs, to develop a sense of belongingness and
loyalty to the organization.

RECOMMENDATIONS : -
Change is the law of nature. It is necessary way of life in different
circles. Though there may be some discontentment during the early
days of change, people learn to meet the changes and adopt
themselves to the changing situations. The management in future will
try to:

* Give up authoritarian style of leadership and adopt participative style


of leadership.
* Follow human relations approach and partnership approach towards
employees.
* Encourage creative skills and abilities and reward those talents.
* Shift the emphasis from legal and rule bounded approach
* Participate in trade union activities; recognize human resource as a
profit centre and as a basic instrument to earn profits rather than as a
cost centre.
* Understand the fact that human resource management will dominate
all other functional areas of management.

Further, the role of all Personnel Manager will also change.


Those changes will be as follows:

* Personnel manager and individual manager will give emphasis on


overall development of human resources.
* Human Resource Management function will be extended to cover
career planning and development, organization and development,
organize climate, role analysis, national wage policy, social justice etc.
Today competition is very tough and if an organization has to survive
in the race gracefully, it has to constantly upgrade its skills and
sharpen its capabilities. Many new techniques are implemented in the
organizations to motivate the employees and to help them perform to
their optimum capacity. By using the above-mentioned techniques and
many other programs, the organization tries to make the workers and
employees more competent, committed & comfortable to do a given
job.

CONCLUSION:-

Human resource management is a process of bringing people and


organizations together so that the goals of each other are met. The
role of HR manager is shifting from that of a protector and screener to
the role of a planner and change agent. Over the years, highly skilled
and knowledge based jobs are increasing while low skilled jobs are
decreasing.

HR Managers should concentrate on the following areas to


ensure success: -

* Use workforce skills and abilities in order to exploit environmental


opportunities and neutralize threats.
* Employ innovative reward plans that recognize employee
contributions and grant enhancements.
* Indulge in continuous quality improvement through TQM and HR
contributions like training, development, counseling, etc.
* Utilize people with distinctive capabilities to create unsurpassed
competence in an area.
* Decentralize operations and rely on self-managed teams to deliver
goods in difficult times e.g. Motorola is famous for short product
development cycles. It has quickly commercialized ideas from its
research labs.

- Babu

The Workforce Profile defined about 60 "soft skills", which employers seek. They are applicable
to any field of work, according to the study, and are the "personal traits and skills that employers
state are the most important when selecting employees for jobs of any type."

1. Math.
2. Safety.
3. Courtesy.
4. Honesty.
5. Grammar.
6. Reliability.
7. Flexibility.
8. Team skills.
9. Eye contact.
10. Cooperation.
11. Adaptability.
12. Follow rules.
13. Self-directed.
14 Good attitude.
15. Writing skills.
16. Driver's license.
17. Dependability.
18. Advanced math.
19. Self-supervising.
20. Good references.
21. Being drug free.
22. Good attendance.
23. Personal energy.
24. Work experience.
25. Ability to measure.
26. Personal integrity.
27. Good work history.
28. Positive work ethic.
29. Interpersonal skills.
30. Motivational skills.
31. Valuing education.
32. Personal chemistry.
33. Willingness to learn.
34. Common sense.
35. Critical thinking skills.
36. Knowledge of fractions.
37. Reporting to work on time.
38. Use of rulers and calculators.
39. Good personal appearance.
40. Wanting to do a good job.
41. Basic spelling and grammar.
42. Reading and comprehension.
43. Ability to follow regulations.
44. Willingness to be accountable.
45. Ability to fill out a job application.
46. Ability to make production quotas.
47. Basic manufacturing skills training.
48. Awareness of how business works.
49. Staying on the job until it is finished.
50. Ability to read and follow instructions.
51. Willingness to work second and third shifts.
52. Caring about seeing the company succeed.
53. Understanding what the world is all about.
54. Ability to listen and document what you have heard.
55. Commitment to continued training and learning.
56. Willingness to take instruction and responsibility.
57. Ability to relate to coworkers in a close environment.
58. Not expecting to become a supervisor in the first six months.
59. Willingness to be a good worker and go beyond the traditional eight-hour day.
60. Communication skills with public, fellow employees, supervisors, and customers.

National Safety Day (March 04, 2011)


Safety day Pledge
On this Day I solemnly affirm that I will
rededicate myself to the cause of safety health and
protection of environment and will do my best to
observe rules, regulations, and procedures and
develop attitudes and habits conducive for
achieving these objectives.
I fully realise that accidents and diseases are a
drain on the national economy and may lead to
disablements, deaths, damages to health and
property, social suffering and general degradation
of the environment.

I will do everything possible for the prevention of


accidents and occupational diseases and
protection of the environment in the interest of
self, my family, my community and the nation at
large.

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