...CHAPTER 9 LABOUR PRACTICES AND WORKING CONDITIONS IN TNCS: THE CASE OF TOYOTA KIRLOSKAR IN INDIA KRISHNA SHEKHAR LAL DAS & SOBIN GEORGE 1. INTRODUCTION The study on the working conditions and labour practices in Toyota Kirloskar in India is part of the network research on Transnational Corporation Monitoring in Asia. Since 2002 the Asian Transnational Corporation (ATNC) Monitoring Network has been operational to build up a regional network through which labour organisations in different Asian countries can pursue concrete solidarity actions to improve working conditions of workers employed in transnational corporations (TNC). Against this backdrop, it is aimed to have a closer look at the labour management and forms of employment in automobile and electronics sectors invested by Asian TNCs in Asia. As part of this endeavour, the Centre for Education and Communication (CEC), New Delhi collaborated with the network research coordinated by Asia Monitor Resource Centre (AMRC), Hong Kong to observe the labour practices of Asian TNCs invested in India. In the first phase the network research focused on the movement of capital and its impact on labour by engaging desk research on foreign direct investment (FDI) flows and related aspects. In the current phase, emphasis is on specific cases of labour practices and labour conditions in selected ATNCs. 1.1 Methodology The present study is situated in the wider context of the dichotomy between labour and capital. The changes of production...
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...Abstract In today’s economy more companies are announcing that they had to systematically create some type of strategic plan to reduce the workforce in there company. The cause of reduction can be due to overstaff, slow sales, and or slow production which leads to termination. When this type of decision has to be made, it can put a heavy burden on the Human Resources Department or the Vice President of Human Resource. When making a decision to have a reduction in the workforce by terminating employees, you have to be mindful you don’t violate employment laws. This paper will discuss the recommendation of which employees to terminate based on the scenario that is given of each employee. In the given scenarios, five employees’ work ethics is given and of the five, three must be fired and two can be transition into other jobs within the company. The key is to terminate the employees without violating employment laws and give the reason for the termination. Also I will discuss any possible post termination litigation that could occur. Mike Williams is a 34 year old Asian male who has an overall performance rating of above average. With his experience and college education he, would be a valuable asset to the company. Even though the computer system he utilizes will be obsolete, additional training on a newer system would put him up to speed with his other colleagues. Mike also has no absenteeism which could indicate that he is dedicated and committed to quality work...
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...Labor Law What is the name of the federal agency that conducts elections to determine if employees wish to be represented by a labor union? The National Labor Relations Board is the name of the federal agency that conducts elections. 2. If the hospital became upset at Sylvia for daring to request to the HR Director that the hospital increase its sick leave benefits and terminated her employment on the ground that she was a "troublemaker" would Sylvia have any legal grounds upon which to challenge her termination? Assume that she was terminated before she first contacted the union? Please explain your answer. In the event that she is fired before actually contacting the union officials, the hospital could easily make an argument that she had been terminated for legitimate reasons, as they could not use union contact to determine her employment status. The hospital could in fact terminate her employment and the most Sylvia could do, would be to ask how she had been a troublemaker. 3. Was the hospital correct that it was not obligated to bargain with the union over how much paid sick leave the employees should be entitled to? If not, please explain why the hospital was incorrect. The hospital was incorrect with regards to not being obligated to bargain over paid sick leave. According to the National Labor Relations Act, the union and company are obligated to bargain over wages, hours, and other working conditions. 4. Did the union have a legal right to threaten strike to the employer...
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...to the problem of sickness in industry, and ensure old age pension benefits and other fringe benefits; 10. It creates new and varied procedures for the solution of the problems as and when they arise-Ã problems which vex industrial relations; and its form can be adjusted to meet new situations. Since basic standards are laid down, the employee is assured that he will be required to work under the stipulated audit; 11. It provides a flexible means for the adjustment of wages and employment conditions to economic and technological changes in the industry, as a result of which the chances for conflicts are reduced. 12. As a vehicle of industrial peace, collective bargaining has no equal. It is the most important and significant aspect of labor-management relations, and extends the democratic principle from the political to the industrial field. 13. It builds up a system of industrial jurisprudence by introducing civil rights in industry. In other words, it ensures that management is conducted by rules rather than by...
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...The Impact of Lebanese Labor Law and Governmental lack of Supervision with Proposed Solutions The Lebanese labor Law can be defined as a system of standards and rules in business society where standards of human conduct that impose obligations and grant corresponding rights and rules regarding the ascertainment, creating, modification and enforcement of these standards to achieve justice between the employer and the employee.(Global Encyclopedia p-235 L). The Lebanese constitution of 1926, as amended, is still in force today. Its main feature is the representation given to the various religious communities in public employment, the formation of government, and the selection of the legislature. It guarantees basic individual rights and freedoms...
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...Mabeza vs. NLRC [G.R. No. 118506 April 18, 1997] Facts: Petitioner Norma Mabeza and her co-employees at the Hotel Supreme in Baguio City were asked by the hotel’s management to sign an instrument attesting to the latter’s compliance with minimum wage and other labor standard provision. The instrument provides that they have no complaints against the management of the Hotel Supreme as they are paid accordingly and that they are treated well. The petitioner signed the affidavit but refused to go to the City’s Prosecutor’s Office to confirm the veracity and contents of the affidavit as instructed by management. That same day, as she refused to go to the City Prosecutor’s Office, she was ordered by the hotel management to turn over the keys to her living quarters and to remove her belongings to the hotel’s premises. She then filed a leave of absence which was denied by her employer. She attempted to return to work but the hotel’s cashier told her that she should not report to work and instead continue with her unofficial leave of absence. Three days after her attempt to return to work, she filed a complaint against the management for illegal dismissal before the Arbitration Branch of the NLRC in Baguio City. In addition to that, she alleged underpayment of wages, non-payment of holiday pay, service incentive leave pay, 13th month pay, night differential and other benefits. Peter Ng, in their Answer, argued that her unauthorized leave of absence from work is the ground for her dismissal...
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...Running head: Oklahoma Labor Law: Right to Work Laws Oklahoma Labor Law: Right to Work Laws Kidong Kim. Student The University of Central Oklahoma Today, twenty two states apply right to work laws in the U.S. Right to work laws provide the right to freedom to association to labor. “A Right to Work law guarantees that no person can be compelled, as a condition of employment, to join or not to pay dues to a labor union” (The Right to Work Principle). These common laws give the right to worker to join the unions or not to join unions. There are many reasons why these states took Right to work laws but one of the important things are that these laws help labor a lot, such as these lead higher wages, create jobs, and improve union duties. The twenty two states have Right to work laws. They chose that in the 1940’s and 1950’s after the Taft-Hartley Act of 1947 passed by U.S. congress. The Taft-Hartley Act permits that each state can make Right to Work laws. It was legislated in response to the belief that the pro-union Wagner Act of 1935 gave unions too much power (Taft-Hartley Act). In September 2001, Oklahoma got into the member of right to work states. Oklahoma became the twenty second right to work state. Oklahoma is most recent adapter state of Right to work laws. After the right to work law pass, Oklahoma’s economy has been grew up. According to the National Institute for Labor Relations Research of U.S, Oklahoma is the only state which increases worker’s income between...
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...Labor Laws and Unions Paper Patricia Baskerville HRM/531 February 27, 2012 Professor Brian Frank Labor Laws and Unions Paper Unionization plays a critical role in protecting the rights of the employees within the workplace. In today’s economy, very few industries have unions such as manufacturing, education and healthcare. In this article, Ford Motor Company, an automobile industry has a large union mainly because of the size of the company. This article will discuss Ford’s motor company background, and its legal issues or obstacles the organization may encounter. In addition, this article will discuss Ford’s legal issues violation and possible recommendations to minimize litigation. Following, this article will discuss Ford’s benefit of joining a union and the process the organization took toward unionization, and the method the union uses to bargain. In closing, this article will discuss the effects union bargaining has on Ford Motor Company. Furthermore, Ford Motor Company union assisted with its operational processes by increasing its performance and production level. Background Henry Ford, the founder of Ford’s Motor Company developed this organization in 1903. Henry Ford’s objective was to create a company that is the leading automotive manufacturing company throughout the world. Ford Motor Company produces cars, trucks, commercial trucks, and replacement automobile parts. Ford Motor Company employs over 200,000 people including 170,000 employees and 40,000 United...
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...Labor and Employment Laws * As Director of the company I have studies the laws and provisions of the Family and Medical Leave Act of 1993, The Age Discrimination in Employment Act of 1967, and The Americans with Disabilities Act of 1990. I have further my research with these three laws to better understand the law and the company position in insuring correct and proper treatment of it. * These laws was create to protect employee’s rights and company values. Improper treatment of the law comes with damages to the company and trust of the employee. Each situation have been carefully analyzed by me and I’ve list my findings below with a little information about the law that pertains to the given scenario. * Family and Medical Leave Act of 1993 This Act was founded in 1993 and serves to give employees peace of mind to take leave of absent in particular family emergencies up to 12 weeks of unpaid leave during a 12 month period by law and be offer their same job on return or something equal to it, with the same pay and hours as they had before. One of these particular circumstances are the birth and care of a newborn. The spouse in this instance can take leave to care for his child. The employee meets the time with company, the law states he must be employed with the company at least 12 months and his record shows two years with the company. The law clearly states this provision does not apply to companies with less than 50 employees, and our company size is 75...
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...Labor Laws and Unions HRM/531 Labor Laws and Unions Unions employ labor laws to protect their members from organizations that operate in violation of the National Labor Relations Board. It is imperative that organizations such as Lewis & Lambert have a clear understanding of their union contract and the laws set forth by the NLRB. Lewis & Lambert Lewis & Lambert is Sheet Metal Contracting entity located in Fort Worth, Texas established in 1965 that prides itself in performance, quality, and value. The company is a unionized entity under contract with Sheet Metal Workers (SMW) Local 68. Lewis & Lambert's additionally owns a subsidiary, Sigma Building Services, providing HVAC, and plumbing services. Union Benefits. Lewis & Lambert employees gain the rewards of union benefits. "Union members earn better wages and benefits than workers who aren't union members" (AFL-CIO, 2011, para. 1). Additionally, Sheet Metal union members realize the advantages of health insurance benefits and stable workforce. Unionization Process. The organization employees entered the union upon its inception. The organization collected signatures of the employees calling for union representation and willing to pay union dues to Sheet Metal Workers (SMW) Local 68. According to HR Hero (2011), a minimum requirement of 30% of employees must propose induction prior to an election process (HR Hero, 2011, para. 2). Union Bargaining and Effects. Union representatives...
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...Employment Law and Labor The restaurant chain Red Robin had recently endured an EEOC case where they had to give one of their workers a large sum of money for losing a religious discrimination case. The case took place in Seattle Wa. (www.eeoc.gov). The initial charges also included enforcement of changes for the organization’s policies and procedures of employees’ religious rights. The organization was ultimately found guilty of wrongfully firing a worker under religious reasons (www.eeoc.gov). The case was reported to be about a worker who was employed as a server at the restaurant. He believed in a certain Egyptian religion called Kemetic where it is tradition to wear tattoos as a form of worship. These tattoos are worn typically around the wrists where they can be seen by the public (www.eeoc.gov). The employee cannot cover these tattoos as it is considered to be a sin because these tattoos are supposed to dedicated to how he sacrifices for his religion (www.eeoc.gov). It reported by the EEOC that the employee did have these tattoos when he began his employment with the organization. The company did have preexisting regulations prohibiting any tattoos that can be seen. The worker had been working at the establishment for a span of 6 mo. with no complaints from the public or employees before management had seen them and terminated him for refusal to cover them (www.eeoc.gov). The terminated employee had stated that he had advised his supervisors...
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...Labor law in Spain. Amira Hassanaly BLAW 225 Labor law in Spain. Amira Hassanaly BLAW 225 Outline I. Introduction II. Employment contract a) Permanent contract or fixed contract b) Temporary contract c) Training contract d) Work experience contract e) Part time contract III. Working Conditions a) Salary b) Working time c) Rest time d) Overtime e) Working day and family f) Holidays and leaves g) Unpaid leaves h) Maternity and paternity leave i) Dismissal IV. Employee’s rights V. Social Securities VI. Unions VII. Conclusion I. Introduction As is the case almost in all European countries, Spanish labor law is very understandable and ensure protection for employees. According to the definition labor law is a body of law that govern the employer-employee relation, including employment contract. The relationship between employer and employee is more than the exchange of labor for money it is also covers workplace rights and a large group of regulation on issues such as protection from discrimination, wages hours and health and safety. Labor law also deals with individual and collective relationships between employees and employers. The economic crisis of 2008 showed that the Spanish labor model was not working out. The labor legislation change in 2012 in order to be more suitable in a time of crisis within the labor market, the legislation modifies the institutional...
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...Labor Laws and Unions HRM/531 23 Jan 2013 Dr. Michael A Barker University of Phoenix I have chosen to write about the National Aeronautics and Space Administration (NASA). NASA has been around since the mid-1950s conducting space exploration and happens to be near and dear to my heart as my late father made his career at the NASA located at Edwards AFB in California. However, I shall focus on the NASA Headquarters Professional Association (NHPA) Local #9 which is located in Washington DC and is also an affiliate of the International Federation of Professional and Technical Engineers (IFPTE). NHPA was established in 1984 to represent the non-supervisory scientist and engineers working for NASA in the immediate Washington DC area. In order for NHPA to exist they had to go through the unionization process first. Organization must begin with a drive of some sort, either organized by the employees themselves or at the union’s request. Once started the union must obtain at least 30% of the employee’s signatures on an authorization card. If the union receives more than 50% they have the opportunity to ask management for direct representation upon which if denied, they must petition the National Labor Relations Board to hold an election. If the union is successful during the election they are certified by the NLRB. Upon commencement, the union can provide many benefits for the employees and serves as their “voice” for many things. NHPA will often acting on behalf of bargaining...
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...Cheap labor is widely seen as a prerequisite to China’s economic rise and as a major threat to China’s competitors. The low production costs in China have been blamed for countless job losses and plant closures elsewhere in the world as more and more investors flocked to this country. However, the Labor Contract Law of China, that came into effect on January 1, 2008, has been one of the most disputed laws passed in recent years. It was the product of a series of lengthy consultations that took place between the state and social, domestic as well as foreign actors affected by it. Many entrepreneurs see the new law as a threat to their businesses in China. Chinese new Labor Contract Law is the most significant reform to the law of employment relations in more than a decade. Its final form emerged following highly contentious debates over the terms of earlier drafts- debates involving not only a range of Chinese actors, but also international business lobbyists and labor organizations. The Law was enacted represents a compromise between the competing demands of these many interest groups. This article briefly surveys the reasons for the enactment of the Labor Contract Law, the polarized drafting process, and the key matters it addresses. The assessment presented is that the Law is, overall, a necessary and beneficial contribution to the regulation of work in China. 2. The Need For the Labor Contract Law Chinese foundational law regulating the labor market is the Labor Law of...
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...Labor Laws and Unions HRM/531 April 2, 2012 Susan Frear Labor Laws and Unions The United Postal Service (UPS) is a unionized company. A brief background will be given as well as legal issues and obstacles they may encounter, how the federal, state, and local laws could be breached because of the legal issues and why, and recommendations how to mitigate the possible litigation. As a part of the analysis the subsequent questions will be answered what are the benefits of UPS joining the union, what is the unionization process, how do they bargain, and what effects does the bargaining have on the organization. UPS started out as a messenger company in 1907 and has grown into a multibillion dollar corporation (UPS, 2011). Ups is the world largest package delivery company and leading global provider of specialized transportation and logistics services (UPS, 2001).UPS has 185,000 union members and 75,000 non union members. The majority of the UPS union members are a part of the International Brotherhood of Teamsters (IBT) which are a part of the (AFO-CIO) (Proyect, 2012). UPS operates under the National Labor Relations Act (NLRA), commonly known as the Wagner act (Thomas, 2001). Some of the legal issues include the legality of the proposals by UPS to change benefit packages, 2006 legal issue concerning the IBT’s right to designate a representative on a safety committee established by its collective bargaining agreement with UPS, and “The employee Free Choice...
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