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Industrial Relations and Labour Laws
1. PQR is a sugar manufacturing factory situated at a remote village in Ahmednagar. The factory buys sugarcane for the nearby villagers and sells the sugar manufactured, to the wholesalers at Pune. Male, female and children from the nearby villages are employed to work in the factory. Since the factory is situated at a remote area the basic health, safety and welfare provisions that should be provided to the employees are not available. The female employees were made to work overtime. The children had to work on and near dangerous machines. The employees were not paid overtime wages and were also not given the requisite holidays. Last month a group from an NGO visited the factory and after analyzing the condition suggested that the employees form a trade union under the provision of the Trade Unions Act. Analyze the situation and relate it with the different functions of a trade union.
2. A company permitted the employees to take 75 holidays in a year. Due to financial problems the management decided to cut down the holidays to 60 per year. The employees were unhappy with the decision and approached the Trade Union. The employees got together and decided to raise the issue with the management. Since all the employees were against the decision, the management was compelled to reach to a bargaining situation. At the end it was decided that the employees will be given holidays for 60 days only. But to compensate for the cancelled holidays, the management will pay each employee wages for 20 days in the month of December. What were the different functions taken that led to a successful collective bargaining?
3. Mrs. Payal is an employee, with a software company. She is employed as a system administrator. Along with her, two more colleagues David and Manisha are employed in the company at the same position. Mrs. Payal goes on a maternity leave for a period of 12 weeks. Before going on leave she had completed her assignments and no work was pending. During her leave, David and Manisha coped with the work and therefore the manager did not feel the need to appoint a temporary employee in Payal's place. Also in her absence the business did fairly well and there was no instance which required her presence. Now, Payal is completing her 12 weeks of maternity leave and is about to return to work. But the manager now feels that the office can cope without her and not hiring her back will also save company’s some money.
a) What would be your advice to the manager?
b) What remedies does Payal have?
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