Introduction to Personnel Law & Management

Case examples 1


1 Raju joined as an apprentice in xyz organization. organization. After completion of his training he requested HR manager to absorb him as an regular employee which he declined. Raju wishes to challenge his declined. decision under Apprentice act,1961.?will act,1961. he succeed? Answer with reasons

Objectives The Apprentices Act of 1961



The Apprentices Act of 1961 envisages to regulate and control the training of apprentices and to supplement the availability of trained technical personnel for the industry. The Act was industry. amended in 1973 to provide for practical training to the graduate engineers and diploma holders, thereby improving their employment potential

Case examples 2


A state govt. dept called for list of candidates govt. for certain job vacancy from employment exchanges and at the same time advertised the vacancy in the newspaper also and later it selected a candidate who had applied in response to the advertisement in the newspaper. newspaper. A candidate whose name was included in the list sent by the employment exchange wishes to challenge the selection under employment exchange (compulsory notification of vacancy ) Act 1959 . Will he succeed? Answer with Reasons

Objective  The Act aims to provide for the compulsory notification of vacancies to employment exchanges.


Employment Exchanges (Compulsory Notification of vacancies) Act 1959

There is nothing in employment exchange (compulsory notification of vacancy )act 1959 which compels the employer to employ those person only who have been sponsored by the employment exchanges

Case Example 3


PM GLASS FACTORY EMPLOYED 660 WORKERS N 3 PRODUCTION UNIT ACROSS THE STATE Of RAJASTHAN. Though the RAJASTHAN. company claimed to have great work place in reality the working condition of the employees were pathetic. The ventilation and lighting were pathetic. bad. bad. Since the glass factory by its very nature was prone to occupational hazards, employees suffered from various ailments because of excessive exposure to gases like carbon monoxide and glass dust , which resulted in respiratory diseases in workers What according to factories act are the safety standards that have to be followed by organization

Factory Act 1948

   

Objectives The main objectives of the Factories Act are to regulate working conditions in factories, and to ensure that basic minimum requirements for the safety, health and welfare of the factory workers are provided. Besides, the Act envisages to regulate the working hours, leave, holidays, overtime, employment of children, women and young persons, etc

Factory Act 1948

 Cleanliness  Sec

12 Disposal of wastes and effluents  Sec 13 Ventilation and Temperature  Sec 14 Dust and Fumes  Sec 15 Artificial humidification  Sec 16 Over crowding  Sec 17 Lighting  Sec 18 Drinking Water  Sec 19 Latrines and urinals  Sec 20 Spittoons

Factory Act 1948



safety of the workers. They are:

         

Sec 21 Fencing of machinery Sec 22 Work on or near machinery in motion Sec 23 Employment of young children(age 15-18) on 15dangerous machines Sec 24 Striking gear and devices for cutting off power Sec 25 Self acting machines Sec 26 Casing of new machines Sec 27 Prohibition of employment of women and children near cotton openers Sec 28 Hoists and lifts Sec 29 Lifting machines, chains, ropes and lifting tackles Sec 30 Revolving machinery

Factory Act 1948

 Sec

31 Pressure plant  Sec 32 Floors, stairs and means of access  Sec 33 Pits, sumps, openings in floors  Sec 34 - Excessive weights  Sec 35 Protection to eyes  Sec 36 Precautions against dangerous fumes, gases etc and use of 

Sec 37 Precautions against 37 explosives or inflammable dust, gas etc

 Sec

38 Precautions in case of fire

Factory Act 1948

        

Washing facilities Sec 43 Facilities for storing and drying clothes Sec 44 Facilities for sitting Sec 45 First aid boxes (150) ( ambulance -500) Sec 46 Canteens (250) Sec 47 Shelters, rest rooms and lunch rooms Sec 48 Creches (30) Sec 49 Welfare officers (500) Sec 50 Power to make rules to supplement this chapter

Factory Act 1948

 hours

of work (48 hrs)  52- Weekly holidays 52 53- Compensatory holidays 53 54- Daily hours (9 hrs) 54 55- Intervals for rest (30 min) 55 56- Spreadver 56-

Case Example 4


In the appointment letter dated 10 th july 2008 of Mr x it was stated that he would be made permanent on completion of probation period of 6 months . Standing order came in force on 15th Aug 2008. Mr y who joined on 20th Aug was made permenent as probation period in standing order was 3 months.Can Mr X filed a suit AGAINST THE ORGANIZATION

Case Example 4


Mohan an employee of ABC org assaulted his neighbor last night. Can this be termed as misconduct according to standing order act Mohan assaulted his co-worker sohan outside cothe factory premises while they were going home. Can this be termed as misconduct according to standing order act

Standing Order Act



The Act requires employers of certain industrial establishments to clearly define, with sufficient precision, the conditions of employment, i.e. standing orders/service rules, and to make them known to the workmen employed by them

Case Example 5


RAJAN the CEO of poddar limited a woollen carpet company claimed he cannot give minimum wages on account of company not earning enough profit. In this act of his is justified.

Case Example 5


Mr X paid less wages then what is prescribed in Minimum Wages Act on ground of less performance or output. Is it right on his part.

The Minimum Wages Act, 1948

 

Objectives The Minimum Wages Act, 1948 envisages to provide minimum statutory wages for scheduled employments with a view to obviate the chances of exploitation of labour through payment of very low and sweating wages. The Act also provides for the maximum daily working hours, weekly rest day and overtime

Case Example 6


Mr . X is found guilty of misconduct causing financial loss to the employer . Is it lawful for the employer to deduct the amount of loss from the bonus payable by him to the employee under the Payment of bonus Act.

 

Objectives The Payment of Bonus Act, 1965 aims at providing for the payment of bonus (linked with profits or productivity) to the employees of certain establishments, and for matters connected therewith. The object of the act is to maintain peace and harmony between labour and capital by allowing the workers to share in the prosperity of the establishment reflected by the profits earned by the contribution made by the capital , management and labour

Case Example 7


Sohan and his 9 friends remained absent from duty without any information for continuous 10 days? What amount needs to be deducted from his wages as per the per the payment of wages Act

Case example 7
Sohan remained in the workplace without doing any work which was give by the employer. Yet he claimed for full day salary. Is the employer liable to pay him full day salary or half day salary.  Sohan wanted to come to the factory but was prohibited to enter the premises by certain workers who were on illegal strike . Can Sohan claim for the wages.


 

Objectives The Payment of Wages Act, 1936 was enacted with the object of (i) regulating payment of wages, imposition of fines and deductions from wages, and (ii) eliminating all malpractices by laying down wage periods and time and mode of payment of wages. The Act, therefore, ensures payment of wages in a particular form at regular intervals without unauthorized deductions. deductions.

Case Example 8
Mr x the CEO of the company denied Gratuity to its workman because they went on an illegal strike and thereby caused heavy loss to the company.  Was it correct on his part?
 

The Payment of Gratuity Act, 1972



The Payment of Gratuity Act, 1972 envisages to provide a retirement benefit to the workmen who have rendered long and unblemished service to the employer, and have thus contributed to the prosperity of the employer. Gratuity is a reward for long and meritorious service.

Case Example 9


A chowkidar employed in the office of P.W.D was murdered during the course of burglary. Can his widow claim for compensation under workman compensation act ,1923.

The Workmen's Compensation Act,1923



It aims to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen.

Case Example 9


There was a earthquake which took the life of 15 workers who was working in the factory at the time when earthquake came. Can their decendents claim compensation

Case Example


No, because when the accident involved risk common to all humanity and did not involve any peculiar or exceptional danger resulting from the nature of employment. The employer is not liable.to pay compensation.

Case Example 9


Mr X who was on duty , had gone to canteen to take tea where he dies. Can his widow claim compensation

Yes, Because it has been held that the accidental injury arose in the course of employment and that the period of recess do not disrupt the continuity of employment

Case Example 9


A workman after completing his shift duty went to the market near his factory . On the way back from the market, he received injuries in an accident. Whether workman can claim compensation under workman compensation act , 1923. Answer with reasons?

Doctrine of notional extension.



Employment does not necessarily ends when the tool down signal is given or when the workman leaves the actual workshop. There is a notional extension at both the entry and exit time and space . The scope of such extension depends on circumstances of a given case.

Case Example 9


The employees of ABC limited are under contractual obligation to use only a particular means of transport. Which sunil the workman did not avail and while going to work place he met with an accident. Can he claim compensation.

Case Example 9


Mr Y is workman was in dept and his job does not require him to visit the work shop where production is taking place. However one day he went there to meet sohan his friend at the workshop . While he was in the workshop sohan was working on a machine and he deliberately went there to help him when he was not eligible to do so and he met with an accident. Can he claim compensation?

Doctrine of Added peril



It contemplates that if a workman while doing his masters work undertakes to do something which he is not ordinarily called upon to do and which involves extra danger he cannot hold his master liable for the risk arising there from

Case example 10


A joint Enquiry of five workmen of our factory was conducted in respect of common charge sheet issued to them. On the basis of the findings received from the enquiry officer, five workers were dismissed from services. They raised an dispute which was reffered to labour court. The labour court framed premilinary issue regarding the fairness of the enquiry and passed an award holding that enquiry held is not fair and proper. The labour court has also given an opportunity to company to prove the charges.However the management intends to challenge the award of the labour court regarding the fairness?

Case example 10


Can the award of labour court with regard to preliminary issue of fairness of enquiry be challenged in the high court?

        

Act 1, Employment Exchange Compulsory Notification 1, of Vacancies Act1959 Act 2 The Industrial employment (Standing orders) Act 1946 Act 3 Factories Act, 1948 Act 4 The Apprentices Act, 1961 Act 5 Child labour (Prohibition and Regulation) Act, 1986 Act 6 The Payment of Wages Act, 1936 Act 7 The Minimum Wages Act, 1948 Act 8 The Payment of Bonus (Amendment) Act, 1977 Act 9 The Payment Of gratuity act, 1972

Act 10 The Workmens Compensation Act, 1923  Act 11 The Maternity Benefit Act, 1961  Act 12 Trade Union Act, 1926  Act 13 The Industrial Disputes Act, 1947


Personnel Management

Topics
 

  

PERSONNEL MANAGEMENT PRINCIPLES & PERSONNEL POLICIES MANPOWER PLANNING/ RECRUITMENT AND SELECTION JOB ANALYSIS JOB DESCRIPTION JOB DESIGN

Topics
INDUCTION  TRANSFERS  PROMOTIONS  LABOUR TURNOVER  ABSENTEEISM  TRAINING  DISCIPLINE


Topics
GRIEVANCE  COMPENSATIO  MORALE STUDIES  PERSONNEL RESEARCH


Case Example 11


Avon International a newly software development Firm plans to introduce a new HRD Policy to ensure continual development of its Human Resources. Discuss the various aspects of Human Resource that the company has to consider while drafting its HRD Policies

Case Example 12


ABC enterprise is a steel manufacturer where jobs are characterized by intense specialization . This gradually led to high level of dissatisfaction and fatigue among its employees. Discuss the suitable approach to job design that merges the technical needs of ABC enterprise with the social needs of the employees?

Job Design is the process of structuring work and designating the specific activities at individual and group level It determines the responsibility of an employee, the authority he enjoys over his work, the scope of decision making and eventually his level of satisfaction and productivity.

Case Example 13


Wonderworld is a leading manufacturer in the textile industry. However of late it has been experiencing problems of low employee motivation and deteriorating levels of employee productivity . It is learnt that the monotonous and routine nature of jobs in the organization is primarily responsible for the decreasing levels of employee productivity. In order to tackle this problem the management at wonderland plans to rearrange job activities in such a way that jobs are interesting enough to motivate its employees. Discuss the various job design options available to the management that might help in motivating its employees

Case Incident 14


Sourabh was fuming and freeting. He gave his resignation to kamath His boss and walked out of the room .Sourabh quit the prestigious job of SAIL as MANAGER MATERIAL where he can order material worth 25 lakh without nobody prior approval and joined pulp making plant in karanatka as AGM material. The perk ,designation and reputation of the company lured him away.

Case Incident 14


When he joined little did he knew he had to take prior approval to place any order worth even Rs 1 lakh. He placed the order ,materials arrived ,were received , and used in the plant. Trouble started when the bill came ..The accounts dept withheld as it was not endorsed by kamath . Kamath refused to sign as prior approval was not taken from him Sourabh felt humilated and cheated. He decided to quit What went wrong?

Case Incident 15
Seema has been late at least three days per week since school started. Initially, she would come in, would be very apologetic, and report to her workstation. Now she just walks in and simply goes to work. School has been in session for two and a half months now, and her coco-workers are not pleased. There is obvious tension when the other workers are around her due to her attitude and the increased workload on them. What should the manager do?

Discipline is employee self control or force which prompts him to willingly co-operate cowith organizational standards, rules, regulations procedures deemed necessary for the organization etc.

Case Incident 16


The employee of a manufacturing unit had a problem with their supervisor who was very bossy and rude. The result was increased frustration and an increased number of accidents at the workplace .The supervisor who knew that the subordinates would not be able to report the issue to higher officials saw no necessity to change the behaviour. What do you think is necessary for the organization?

Grievance is a type of discontent , which must always be expressed. A Grievance is more formal in character than complaint. It can be valid or ridiculous and must grow out of something connected with the company policy or operations

Case incident 17


Preeti Sharma recently joined the design team of Perfect Motors. Her initial experience showed that the top management showed no interest at all in the problems being faced by the design engineers but at the same time, insisted on high productivity standards. Her earlier employer had implemented quality circles to resolve work place problems and improve productivity. She therefore inspired her colleagues at Perfect Motors to form quality circles so that the problems could be resolved and productivity improved. Will quality circles serve the purpose? What are the various steps in the development and working of a quality circle?

Quality Circles  It is defined as a small group of employees in the same work area or doing a similar type of work , who voluntarily meet regularly for about half an hour every week to identify, analyze work related problems , leading to improvement in their total performance and enrichment of their work life.