Q.16. Why do worker join trade unions? (AKTU. 2014 - 15)
Ans. The important forces which make the employees join a union are as follows:
(i) Greater Bargaining Power - The individual employee possesses very little bargaining power as compared to that of his employer. The better course for him is to join a union which can take concert action against the employer. The threat or actuality of a strike by a union is a powerful tool that often causes the employer to accept the demands of the workers for better conditions of employment.
(ii) Make their Voices Heard - A trade union provides such a forum where the feelings, ideas and opinions of the workers could be discussed. It can also transmit the feelings, ideas, opinions and complaints of the workers to the management. The collective voice of the workers is heard by the management and given due consideration while taking policy decisions by the management.
(iii) Minimise Discrimination - A trade union can compel the management to formulate personnel policies which press for equality of treatment to the workers. All the labour decisions of the management are under close scrutiny of the labour union. This has the effect of minimizing favoritism and discrimination.
(iv) Sense of Security - The employees may join the unions because of their belief that it is an effective way to secure adequate protection from various types of hazards and income insecurity such as accident, injury, Illness, unemployment, etc. The trade unions secure retirement benefits for the workers and compel the management to invest in welfare services for the benefit of the workers.
(v) Sense of Participation - The employees can participate in management of matters affecting their interests only if they join trade unions. They can influence the decisions which are taken as a result of collective bargaining between the union and the management
(vi) Sense of Belongingness - Many employees join a union because their co-workers are the members of the union. At times, an employee joins a union under group pressure; if he does not, he often has a very difficult time at work. On the other hand, those who are members of a union feel that they gain respect in the eyes of their fellow workers. They can also discuss their problems with the trade union leaders.
(vii) Background Factors - Historical background factors also play a part in the disposition of employees to join a union.
Q.17. Examine the impact of industrialisation on religion and morality in India. (AKTU. 2014 - 15)
Ans. Impact on religion and morals: -
With the coming of industrialization, religion is seen as an outdated belief system. Science is as in opposition to religion, and people who reason based on science are seen as modernized. Recently, however, science and religion are seen as different sides of the same coin. Industrialization is closely related to science and technology, religious influence on the industrialized society is weakening. People of different religious backgrounds work and live together in peace.
Morals and ethics stem from religion. With the weakening grip of religion on society, morals and ethics are also departing from society or changing altogether. For example, abortions are commonplace and sex before marriage is also common. People have a rational and materialistic outlook toward life. Due to the loosening social control, there has also been in increase in crimes.
Q.18. What is meant by model standing order? Are these orders applicable to all establishments? What is the scope of their application? (AKTU. 2014 - 15)
Ans. S. 35 of the Draft Code sets out a list of matters to be covered by Model Standing Orders drafted by the Central Government allowing the scope for inclusion of unspecified matters under its ambit. It is a welcome step because the Draft Code envisages a far more expansive list of specified matters than before and it is especially commendable that it spells out certain acts which are decidedly considered to be acts of misconduct. For instance, in line with the Vishaka judgement, sexual harassment has now been classified as misconduct under the Model Orders. Further, contractual uncertainty and scope for disputes leading to judicial intervention are both reduced by the inclusion of matters such as medical aid in case of accidents in the standing orders.
There is a difference between the matters on which Model Standing Orders should be framed as provided in S. 35 and the matters which are covered under the First Schedule (which lists matters that must mandatorily be covered by Standing Orders). The First Schedule contains two provisions which are missing from the Model Standing Orders and the latter contains a number of provisions not included in the former. The First Schedule contains matters that would mandatorily be included in the Standing Orders while S. 35 sets out additional guidelines for the Model Standing Order that industries should loosely follow. However, the phrase used in S. 35 is “shall make” which seems to impose a positive obligation on industries to include all matters stated in the section in their Standing Orders. In that case, it is unclear as to why there are two separate provisions dealing with matters covered by Standing Orders.
Another issue worth noting here is that the existing statute envisages strict compliance of the Standing Orders with the Model Standing Orders wherever specified it has been affirmed in Indian Oil Corporation Ltd. v. Joint Chief Labour Commissioner that the Certifying Officer must verify the same. Now, the usage of the phrase “based on” in S. 35 of the new Code implies a degree of derogation from the earlier standards of strict compliance, which allows employers greater flexibility to adopt the standing orders as per their specific needs and hence is a welcome change. However, it makes the Certifying Officer’s duty to check compliance slightly ambiguous. Thus it might be better to insert an express clause indicating that the Certifying Officer shall, while examining the reasonableness and fairness of the provisions of the Standing Orders, also ensure that these provisions are reasonably based on the Model Standing Orders.
