Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e Equal Opportunity and the Law 2–1

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e Labor legislation in India  India has an elaborate labor legislation framework, largely covering the organized sector  The legislations are criticized for being too rigid and inflexible  The legislations are rooted in the constitution of India 2–2

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e Constitution of India and Labor Legislation  The constitution of India is rooted in the principles of democracy, socialism, and secularism  The specific provisions concerned with labor and work are found in the fundamental rights section and the directive principles of state policy  The constitution distributes the powers to handle labor related legislations between and state legislatures  Separate constitutional provisions exist to regulate conditions of work of civil servants (government employees) 2–3

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e Constitution of India and Labor Legislation (continued) Fundamental Rights  Article 14: Equality before law  Article 15b : Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth  Article 16: Equality of opportunity in matters of public employment  Article 17: Abolition of untouchability 2–4

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e Constitution of India and Labor Legislation (continued) Right to Freedom  Article 19 deals with the protection of certain rights regarding freedom of speech, etc Right Against Exploitation  Article 21 deals with the right to life  Article 23 deals with the prohibition of trafficking of human beings and forced labor  Article 24 deals with the prohibition of employment of children in factories 2–5

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e Constitution of India and Labor Legislation (Continued) Directive Principles of state policy  Article 38: State to secure a social order for the promotion of welfare of the people  Article 39: Certain principles of policy to be followed by the state  Article 41: right to work, to education and public assistance in certain cases.  Article 42: Provision for just humane conditions of work and maternity relief  Article 43: Living wage, etc, for workers 2–6

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e Constitution of India and Labor Legislation (Continued)  Article 43A: Participation of workers in management of industries  Article 45: Provision from free and compulsory education for children  Article 46: Promotion of educational and economic interests of scheduled caste, schedules tribes and other weaker section  Article 47: Duty of the state to raise the level of nutrition and standard of living and to improve public health 2–7

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e Constitution of India and Labor Legislation (Continued) Articles affecting government employment  Article 309: Refers to recruitment and conditions of service of people employed by government.  Article 310: Specifies the tenure of persons holding office.  Article 311: Refers to dismissal, removal and demotion of government employees 2–8

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e Constitution of India and Labor Legislation (Continued) Labor Jurisdiction for Central and State government  Article 246 and the seventh schedule of the constitution of India specify distribution of powers (legislative) between the central and state government  Labor is placed in the concurrent List or List III 2–9

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–10 Laws related to Industrial Relationships   The Trade Unions Act,   The Industrial Employment (Standing Orders) Act,   The Industrial Disputes (ID) Act, 1947.

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–11 The Trade Unions Act, 1926   The act allows freedom for any seven employees to apply to register a trade union, but a later amendment in 2001 specified the minimum membership as 10% of the employees or 100 employees, whichever is less.   Trade unions are to be registered with the appropriate government-appointed Registrar of Trade Unions.

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–12 Industrial Employment (Standing Orders) Act, 1946   The act formally defines conditions of employment including recruitment, discharge, disciplinary action, working hours, holidays and leaves.   The act is applicable to industrial establishments under the jurisdiction of central and state governments.   It serves to reduce conflict and communication mechanism between management and labor. Industrial Disputes (ID) Act, 1947  The act was formulated with the objective of having a machinery and procedure for the investigation and settlement of industrial disputes in place.

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–13 Laws Related to Wages The Payment of Wages Act, 1936   The act ensures payment of wages on time. The Minimum Wages Act, 1948   The act sets the framework for declaring the minimum wages payable for occupations, both in formal and the informal sectors.   It specifies the structure and procedure for fixing and revising the minimum wages at regular intervals.

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–14 Laws Related to Working Hours, Conditions of Services and Employment The Factories Act, 1948   The act safeguards the health, safety and welfare of workers in establishments covered by the act. The Shops and Commercial Establishments Act, 1961   The act deals with work-related aspects of shops and commercial establishments.   It prohibits employment of children, underage people, and women during night hours.   It lays down the procedure for dismissal, discharge, and termination of employment.

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–15 Laws Related to Equality and Empowerment of Women The Maternity Benefit Act, 1961 It provides job security and support to pregnant women. The Equal Remuneration Act, 1976 The act prevents gender-based discrimination in employment and wages.

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–16 Laws Related to Social Security Workmen’s Compensation Act, 1923 The act provides compensation to employees in cases of mishaps at work. Employees State Insurance Act, 1948   The act provides relief to employees and dependents in cases of sickness or events that prevent them from working.   Various benefits given to eligible employees are: Sickness benefit – in cash Maternity benefit – in cash Disablement benefit –in cash Dependents’ benefit – in cash Funeral expenses – in cash Medical benefit – as service and kind

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–17 Laws Related to Social Security (Continued) Employees’ Provident Funds And Miscellaneous Provisions Act, 1952 The act provides security to employees during times of distress and old age. Payment of Gratuity Act, 1972 The act provides for gratuity payment to all employees at the prescribed rates, currently 15 days for every year of service.

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–18 Guidelines for Handling Sexual Harassment Complaints The Supreme Court of India has given the following guidelines for defining sexual harassment of women:   Sexually determined behavior (whether directly or by implication)   Physical contact and advances   A demand or request for sexual favors   Sexually colored remarks   Showing pornography   Any other unwelcome physical, verbal or non- verbal conduct of a sexual nature.

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–19 Discriminatory Employment Practices Selection Educational Requirements Tests Preference to Relatives Height, Weight, and Physical Characteristics Arrest Records Application Forms Discharge Due to Garnishment Recruitment Word of Mouth Misleading Information Help Wanted Ads Personal Appearance Dress Hair Uniforms

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–20 Diversity Management Program Steps in a Diversity Management Program: Assess the situation Provide strong leadership Provide diversity training and education Change culture and management systems Evaluate the diversity management program

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–21 Is the Diversity Initiative Effective?  Are there women and minorities reporting directly to senior managers?  Do women and minorities have a fair share of job assignments that are stepping stones to successful careers in the company?  Do women and minorities have equal access to international assignments?  Are female and minority candidates in the company’s career development pipeline?  Are turnover rates for female and minority managers the same or lower than those for white male managers?

Copyright © 2011 Dorling Kindersley (India) Pvt. Ltd Authorized adaptation from the United States edition of Human Resource Management, 12/e 2–22 Important Indian Labor Laws   Trade Unions Act, 1926   Industrial Employment (Standing Orders) Act, 1946   Industrial Disputes (ID) Act, 1947   Payment of Wages Act, 1936   Minimum Wages Act, 1948   Factories Act, 1948   Shops and Commercial Establishments Act, 1961   Maternity Benefit Act, 1961   Workmen’s Compensation Act, 1923   Employees State Insurance Act, 1948   Employees’ Provident Funds And Miscellaneous   Provisions Act, 1952   Payment of Gratuity Act, 1972