UGC NET/JRF EXAM, MARCH-2023 Labour and Social Welfare

Under Section 10 of the Industrial Disputes Act, 1947, the following types of industrial disputes can be referred to the Labour Court:

Propriety or legality of an order passed by an employer under the standing order: This involves disputes related to the correctness or lawfulness of orders given by an employer.

Discharge or dismissal of workmen including reinstatement: If there are disagreements regarding the termination of employment or the reinstatement of a dismissed worker, such disputes fall under the Labour Court's jurisdiction.

Illegality or otherwise of a strike or lockout: The Labour Court can determine whether a strike or lockout is legal or not. Hence, correct options are (a), (b) and (d).

The three-tier system for the settlement of grievances under the Model Grievance Procedure consists of:

The levels of the immediate supervisor: This is the first point of redressal. Here, .the aggrieved worker raises their issue with their immediate supervisor, seeking a solution.

The departmental or factory head: If the grievance isn't resolved at the supervisor level, it moves up to the department head or the overall head of the factory.

The bipartite grievance committee: If the first two levels fail to resolve the issue, the grievance is then taken up by a committee formed of representatives from
both the management and the workers. The aim is to ensure a speedy and amicable resolution of employee grievances.

Hence, correct options are (a), (b) and (c).

Industrial relations play a pivotal role in the economic and social development of any country. The main aspects related to industrial relations are:

Promotion and development of healthy labour-management relations: This aims to cultivate a positive work environment where both workers and management collaborate effectively.

Maintenance of industrial peace and avoidance of industrial strife: A harmonious industrial environment benefits both the workers and the organization. Avoiding conflicts and disruptions is essential for productivity and growth.

Development of Industrial Democracy: Industrial democracy promotes a culture where workers have a say in decisionmaking processes, fostering a sense of ownership and responsibility. Maintaining and developing political democracy isn't directly an aspect of industrial relations, although a robust industrial relationship can contribute to a stable political environment.

Hence, correct options are (a), (b) and (d).

The International Labour Organization (ILO) is indeed a tripartite organization, meaning it consists of representatives from governments, employers, and workers. India is a founding member of ILO, having joined it in 1919. While ILO does pass conventions, it also adopts recommendations.

The distinction is that conventions are international treaties and are binding on members that ratify them, while recommendations serve as nonbinding guidelines. The "Declaration on Fundamental Principles and Rights at Work" was adopted at the 86th session of the International Labour Conference in 1998.

India has ratified eight of the fundamental conventions of the ILO, so the statement that India has ratified only four is incorrect.

According to the Building and Other Construction Workers Act of 1996, it is mandatory to provide creches at every establishment where more than 50 female building workers are ordinarily employed. This is to facilitate women workers who have young children.

The creches are meant for the use of children who are under the age of six years. This provision ensures that female workers can work without the stress of leaving their young children at home, promoting a more inclusive work environment and addressing gender disparities in the construction sector.

The Minimum Wages Act, 1948, is a crucial Act that aims to safeguard the interests of workers, ensuring they get a fair wage for their labor. The appropriate government has the power to fix minimum wages for employees in employments specified in both Schedule I and Schedule II. It can also set different wage rates for different localities.

While the Act does call for the appointment of committees and sub-committees to advise on the fixation or revision of minimum rates, it stipulates that a review of the minimum wages should be done at intervals. Payment in kind is not a recognized form of wage payment under this Act; wages are to be paid in cash.

The Equal Remuneration Act, 1976, was 60. 61. enacted to ensure that there's no gender discrimination in the wages paid to men and women for the same work or work of similar nature. According to the Act, for two jobs to be termed as 'same work or work of similar nature', the criteria evaluated include skill, effort, and responsibility involved in the roles.

Skill involves both educational qualifications and hands-on experience. Effort pertains to the physical and mental labor required, and responsibility revolves around the accountabilities associated with a particular job. Hence, if two jobs demand similar levels of skill, effort, and responsibility, they should ideally come with equal remuneration, irrespective of the gender of the employee.

The Payment of Wages Act, 1936, lays down specific guidelines regarding the imposition of fines on employed individuals. An employed person should always be given an opportunity to present their case before a fine is imposed on them. However, the statement that the total amount of fine in a wage period shall not exceed five percent of wages is incorrect.

The actual limitation is that it should not exceed three percent of the wages. Furthermore, no fine can be imposed on an individual under the age of fifteen years, not eighteen. The provisions of this Act ensure that fines are imposed judiciously and that employees are safeguarded against arbitrary and excessive penalties.