Collective Bargaining
Collective Bargaining
Collective Bargaining
Integrative bargaining is similar to problem solving sessions in which both sides are trying
to reach a mutually beneficial alternative, i.e. a win-win situation.
3. PRODUCTIVITY BARGAINING:
A form of collective bargaining leading to a productivity agreement in which management
offers a pay raise in exchange for alterations to employee working practices designed to
increase productivity.
4. COMPOSITE BARGAINING:
In this type of collective bargaining, along with the demand for increased wages, the workers
also express their concern over other factors such as working conditions, recruitment and
training policies, environmental issues, mergers and amalgamations with other firms, pricing
policies, etc. with the intention to safeguard their interest and protect the dilution of their
powers.
Thus, the purpose of Collective Bargaining is to reach a mutual agreement between the
employee and the employer with respect to the employment terms and enjoy a long term
relationship with each other.
COLLECTIVE BARGAINING MEMBERS
REGISTERED NURSES
PHYSICIANS
OTHER PROFESSIONALS
TECHNICAL EMPLOYEES
NON -PROFESSIONALS
COLLECTIVE BARGAINING PROCESS
Payment to Apprentice :- The Minimum Rates of Stipend prescribed under the Rules
as follows. (Revised Rate w.e.f. 23rd Mar 2011).
Graduate Apprentices @ Rs:- 3560/- p.m. , Sandwich Course (Students from Degree
Inst.) @ Rs:- 2530/- p.m., # Technician Apprentices @ Rs:- 2530/- p.m., # Sandwich
course (Students from Diploma Inst.) @ Rs:- 2070/- p.m., # Technician (Vocational)
Apprentices @ Rs:- 1970/- p.m.
2.The Factories Act -1948
Applicability of the Act :
Any premises whereon Ten (10) or more persons with the Aid of Power or Twenty (20) or
more Workers were working without Aid of Power on any day preceding 12 months, wherein
Manufacturing process is being carried on. It extends to whole of India and Covers all
Manufacturing processes & Establishments falling within the definition of “Factory” Sec.2
(ii).
Objective of the Act:
This Act has been come into force to Consolidate and Amend the Law Regulating the
Workers working in the factories. To ensure the Safeguard the interest of workers and
Protect them from exploitation, the Act prescribes certain standards with regard to Safety,
Welfare and Working Hours of workers, apart from other provisions.
Welfare of Employee:
Adequate Facilities for Washing, Sitting, Storing of cloths during Off Working hours. [Sec -
42]. If a worker has to work in Standing Position, Sitting Arrangement to take Short Rests.
[Sec - 44]. Adequate First Aid Boxes shall be provided & Maintained with all required
medicines. [Sec - 45].
Facilities for Large Factories:
Ambulance Room if 500 or More Workers are Employed in the Factory. Canteen if
250 or More workers are employed. [Sec - 46].
Rest Rooms / Shelters with Drinking Water when 150 or More workmen are
Employed. [Sec - 47] Crèches if 30 or More Women workers are employed. [Sec -
48]
Full time “Welfare Officer” if factory Employs 500 or More workers [Sec - 49]
Working Hours under the Act:
The Maximum Working hours can‟t be more then 48 Hours in a week. [Sec - 51].
The Maximum Daily Working Hours can‟t be more then 09 Hours. [Sec - 54].
One Weekly Holiday is Compulsory which is Sunday. If Employee works on
Sunday, then he should Compenste with any Other day of the Week. [Sec - 52(1)].
At least Half an hour Rest should be provided after 5 hours of work. [Sec - 55].
Total period of work inclusive of rest interval cannot be more than 10.5 hours. [Sec -
56].
A Worker should be given a Weekly Holiday. Overlapping of Shifts is not Permitted.
[Sec - 58]. Notice of Period of Work should be displayed. [Sec - 61].
Mission Statement :- To Provide for Certain Benefits to Employees in case of
Sickness, Maternity and Employment Injury & to make the Provisions for Related
Matters.
Objective of the Act:- The ESI Scheme is an Integrated Measure of “Social
Insurance” come to the Life through the “Employees' State Insurance Act –
1948”, and is Designed to complete the task of Protecting „Employees' as defined in
the ESI Act – 1948, against the Hazards of Sickness, Maternity, Disablement or
Death due to Employment Injury & to provide full Medical Care to Insured Persons
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(IP) & their Families. The ESI Act is applicable across the length and breadth of the
India.
3. The Employees State Insurance Act – 1948
Applicability of the Act :
Under Section - 2(12) of The Act, ESI is applicable to the all Factories employing 10
(Ten) or More Persons irrespective of whether Power is used in process of
Manufacturing or not.
Under Section - 1(5) of The Act, the Scheme has been Extended to Shops, Hotels,
Restaurants, Cinemas including Preview Theatre, Road Motor Transport
undertakings & Newspaper Establishment employing 20 (Twenty) or More persons.
Further, Under Section - 1(5) of the Act, the Scheme has been Extended to Private
Medical & Educational Institutions employing 20 (Twenty) or More persons in
certain States .
The Existing Wage-Limit for Coverage under the Act, is Rs. 15,000/- per month.
(Excluding Remuneration for Overtime)
“At an Average the ESI Corporation makes 40 Lacs Individual Payments each year
Amounting to about Rs. 300 crores through its wide spread network of branch
Offices in the implemented areas”.
Benefits of ESI :- Medical Benefit, Sickness Benefit, Maternity Benefit, Disablement
Benefit, Dependents Benefit, Funeral Expenses & Others Benefits.
Obligation of the Employers :
Deducate & Deposit the ESI Contribution with Own Share Monthly. Generated the
TIC & Handover to Employee for Smart Card.
Submit the Accident Report in Form – 16 within 24 hours of the Accident. Grant
Leave to Insured Employees on the basis of Sickness Certificates.
Records Maintenance :
Maintain the Register of Employees in Form -6 (under Reg.:- 32).
Maintain the Accident Book in Form - 11 (under Reg.:- 66). Maintain the Inspection
Book (under Reg.:- 102A).
Maintain the Form – 32 of Contribution Details of Employees. File all the copies of
Return of Contribution, Challans, etc.
File all the General Correspondence & Copies of Accident Reports.
4. The Maternity Benefit Act - 1961
“An act to Regulate the Employment of Women in certain Establishment for certain period
before and after Child-Birth & to provide for Maternity Benefit & Certain other benefits”.
Objective of the Act:-
The Maternity Leave & Benefit Act is to Protect the Dignity of Motherhood by providing the
Complete & Healthy Care to the Women & Her Child, when she is not able to perform her
duty due to her health condition. In the morden world, as the participation of Women
Employees is growing in Every Industry, so the need of the Maternity Leave & other
Benefits are becoming increasingly common.
Applicability of the Act:- The Act extends to whole of India. In the first instance, to every
establishment being a Factory, Mine or Plantation in which 10 or More persons are or were
employed on any day of the preceding (12) Twelve months. (including any such
establishment belonging to Government & to every establishment wherein persons are
employed for the exhibition of equestrian, acrobatic and other performances. except
employees covered under the “ESI Act 1948”.
Right of Maternity Benefit:- Every Pregnant working women in any Establishment are
Eligible for Maternity Benefit, provided they have Served in the Establishment for at least 80
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days in (12) Twelve months before the expected date of delivery. However, if a woman is
earning less than Rs:- 15,000/- she may be offered ESI scheme by her employer & she will
receive the Maternity Bebefit under ESI Scheme.
Notice to the Employer:- Ten (10) weeks before the date of her expected delivery, she may
ask the Employer to give her light work for a Month. She should give written Notice to the
Employer about Seven (07) weeks before the date of her delivery that she will be on
Maternity Leave for Six weeks before & after her delivery.
Benefits under the Act:-
Leave with Average Pay for Twelve Weeks (03 Mths), 06 weeks Before & After the
delivery. She can take the Pay for the first Six (06) weeks before start of Maternity
leave.
She will get Pay for the Six (06) weeks after child-birth within 48 hours of Request.
A Medical Bonus of Rs. 1,000/-, if the Employer does not provide free Medical Care.
An Additional leave with pay up to one month if the woman shows Proof of Illness.
In case of Miscarriage, Six (06) weeks leave with average pay w.e.f :- Date of
Miscarriage.
For Tubectomy Operation : Leave with wages @ of maternity benefit for a period of
2 weeks.
No deduction from Normal & Usual Daily wages of a woman entitled to maternity
benefit. Light work for Ten (10) weeks before the date of her expected delivery, if
she asks for it.
Two Nursing breaks in her daily work until the child is (15) fifteen months old. No
Discharge or Dismissal while she is on Maternity Leave. (Section 5)
No charge to her Disadvantage in any conditions of her employment.
5. The Payment of Bonus Act - 1965
Objective of the Act:- An Act to Provide for the “Payment of Bonus” to Persons employed
in certain Establishments on the basis of Profits or on the basis of Production or Productivity
& for matters connected therewith.
History of Bonus:- “Bonus” is really a Reward for Good work or Share of Profit of the unit
where the Employee is working. The practice of Paying Bonus in India appears to have
Originated during 1st World War when certain textile mills granted 10% of wages as War
Bonus to their workers in 1917. In certain cases of Industrial Disputes Demand for Payment
of Bonus was also included. In 1950, the Full Bench of the Labour Appellate evolved a
formula for determination of bonus.
Applicability of the Act: - The Act is applicable to any Factory employing 10 or More
persons where any processing is carried out with Aid of Power & also to Other
Establishments (established for purpose of profit) employing 20 or More persons. This Act
extends to the whole of India.
Eligibility for Bonus:- Every Employees drawing wages upto Rs:-10000/-, shall be entitled
for Bonus with minimum 30 (Thirty) Days worked performed by Employee during the
Accounting period.
Disqualification for Bonus:- An Employee shall be Disqualified from Receiving the Bonus
under this Act, if he is Dismissed from service for “Fraud, Riotous or Violent Behaviour”
while on the Premises of the Establishment; or Theft, Misappropriation or Sabotage of any
Property of the Establishment.
Payment Rate & Calculation of Bonus:
Payment Rate @ Bonus : Minimum 8.33% & Maximum upto 20% of the salary or
Rs.100 (on completion of 5 years after 1st Accounting year even if there is No profit).
{Sec. 10.}
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For Calculation purposes Rs:- 3500/- per month maximum will be taken even if an
Employee is drawing upto Rs:- 3500/- per month. (Sec. 12)
Time Limit for Payment of Bonus: Within 08 Months from the Close of Accounting
year. Mostly Organization paid the Bonus before the Diwali (Sec. 19)
Computation of gross profits : For banking company, as per Schedule - I. Others, as
per Second - II
Set-off and Set-on : As per Schedule IV. Sec. 15
Submission of Return : In Form D to the inspector within 30 days of the expiry of
time limit under Section 19. Rule 5
6. The Payment of Gratuity Act - 1972
Objective of the Act:- An act to Provide for a Scheme for the Payment of Gratuity to
Employees engaged in “Factories, Mines, Oilfields, Plantations, Ports, Railway Companies,
Shops or Other Establishments” and for matters connected therewith or incidental thereto, so
far as it Relates to “Ports & Plantations” it does not apply to the State of Jammu and
Kashmir. This Act Extends to the whole of India.
Applicability of the Act:- The Act shall apply to Every “Factory, Mine, Oilfield, Plantation,
Port, Railway Companies, Every Shop or Establishment within the Meaning of any Law for
the time being in force in Relation to Shops & Establishments in a State, in which Ten (10)
or More persons are employed, or were employed, on any day of the preceding 01 year. The
Act is applicable to “All Employees”, irrespective of the salary.
Meaning of Gratuity:- The “Payment of Gratuity Act 1972” is a Social Security
enactment. It is derived from the word “Gratuitous” which means „Gift‟ or „Present‟.
“The Gratuity” is a Lump Sum Payment to Employee when he / she Retires or Leaves the
Service. It is Basically a “Retirement Benefit” to an Employee so, that he / she can Live
Life Comfortably after Retirement. However, under the “Gratuity Act”, gratuity is payable
even to an employee who Resigns after completing at least “5 years” of service. In case
uninterrupted continuous service of „04 years & 240 days‟ also be consider for Gratuity
Payment.
Employees Eligible for Gratuity:- “Employee” means any Person (other than Apprentice)
employed on wages in any Establishment, Factory, Mine, Oilfield, Plantation, Port, Railway
Company or Shop, to do any Skilled, Semi-skilled or Unskilled, Manual, Supervisory,
Technical or Clerical work, whether terms of such Employment are express or implied, and
whether such Person is Employed in a Managerial or Administrative capacity.
Time of Gratuity Payment:- Gratuity is Payable to a Person on (a) Resignation (b)
Termination on account of Death or Disablement due to Accident or Disease (c) Retirement
(d) Death. Normally, Gratuity is payable only after an Employee completes Five Years of
Continuous service. “In case of Death and Disablement, the condition of minimum 5 years‟
service is not applicable”. [Section 4(1)].
Amount of Gratuity Payable:- Gratuity is Payable @ 15 days wages for Every year of
Completed service. In the last year of service, if the employee has completed more than 6
months, it will be treated as full year for purpose of gratuity. “In case of seasonal
Establishment, Gratuity is Payable @ 7 days wages for each season.” [Section 4(2)].
Maximum Gratuity:- The Maximum Gratuity Limit as per Section 4(3) has been raised
from “3.5 lakhs to 10 lakhs”. This will give advantage to both Private & Public sector
employees.
ROLE OF PROFESSIONAL ASSOSCIATIONS AND UNIONS
Introduction
A professional body, professional organization, or professional society) is usually a
nonprofit organization seeking to further a particular profession, the interests of individuals
engaged in that profession and the public interest.
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Definition
An association is regarded as the organization that brings members of the same
profession together for the exchange of information & experience & for the
advancement of their profession.
A professional association is also known as a 'professional body' and is a group that
represents the interests of a particular industry.
Objectives
To understand the role of professional organisations in empowering nurses in their
emerging professionalism.
To discuss the functions of each professional organisations.
To discuss importance of self-assertiveness in safeguarding our profession.
To study the vast scope of collective bargaining in nursing profession.
PROFESSIONAL ORGANIZATIONS
AT CENTRE LEVEL
TRAINED NURSES ASSOCIATION OF INDIA (TNAI)
INTERNATIONAL COUNCIL FOR NURSES (ICN)
THE COMMONWEALTH NURSES FEDERATION
THE INDIAN NURSING COUNCIL (INC)
THE RED CROSS SOCIETY
WORLD HEALTH ORGANISATION (WHO)
AT STATE LEVEL
THE STUDENT NURSES ASSOCIATION (SNA)
THE NURSES LEAGUE OF CHRISTIAN MEDICAL ASSOCIATION
THE CHRISTIAN MEDICAL ASSOCIATION OF INDIA
TRAINED NURSES ASSOCIATION OF INDIA (TNAI)
The Trained nurses association of India is a national professional association of Nurses. The
present name and organization were established in 1922.
Aims
Upgrading
Development and standardization of nursing education
Improvement of living and working condition for nurses in India
Registration for qualified nurses
Activities
TNAI gives scholarships for nurses who wish to go on for advanced study either here
or abroad.
It helped to remove discrimination against male nurses.
Initiated much needed study and improvement of economic conditions for nurses.
The TNAI opposes strikes unless all other means of negotiating have failed to bring
about satisfactory working conditions.
INTERNATIONAL COUNCIL FOR NURSES (ICN)
It was formed in 1899. It’s an international association for all nurses in the world. Great
emphasis has been on non-discrimination.
OBJECTIVES
Promote the development of strong national nurses associations.
Assist national nurses association to improve the standards of nursing and the
competence of nurses.
Assist national nurses associations to improve the status of nurses within their
countries.
Serve as the authoritative voice for nurses and nursing internationally.
ACTIVITIES
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UNIONS IN INDIA
At present three unions of nurses are working at the central level.
All India Government Nurses Federation (AIGNF)
Trained Nurses’ Union (TNU) and
Trained Nurses Association of India (TNAI)
Orissa Nursing Employee’s Association (ONEA),
Trained Nurses Association of India, Orissa branch.
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