Ms-28 dec 2009
MS-28 Dec-2009
MS-28 : LABOUR LAWS
1. Describe the concept and philosophy of labour laws. Explain the effects of social—economic conditions on Labour Laws.
2. Discuss the scope and applicability of the contract labour (Regulation and abolition) Act, 1986. Describe the employer's obligation to provide amenities to workers under the Act.
3. Discuss the concept of domestic enquiry. Briefly explain the process of domestic enquiry. Illustrate.
4. Explain the applicability of the Employees State Insurance Act, 1948. Describe various benefits covered under the Employees State Insurance Scheme.
5. Write short notes on any three of the following :
a) Equal Remuneration Act, 1976
b) Plantation labour Act, 1951
c) The payment of Gratuity Act, 1972
d) Fundamental Rights and Labour Legislations
(e) Health and Safety under the Mines Act, 1952
6. Discuss the concept and definition of the Contract Labour under the contract labour (Regulation and Abolition) Act, 1970. Describe the obligations of principal employers to provide certain amenities to workers under the Act.
7. Explain the concept and nature of standing orders. Describe the Acts of misconduct in Model Standing orders.
8. Discuss the scope and coverage of the payment of wages Act, 1936. Explain the employers responsibility for payment of wages under the Act.
9. Describe the applicability of the Maternity Benefit Act, 1961. Explain the benefits payable to a female employee under the Act.
10. Write short notes on any three of the following :
a) Charge sheet
b) Eligibility for Gratuity
c) Employee pension scheme, 1995
d) Registration of establishment
(e) Duties of conciliation officer under I.D. Act, 1947
11. Read the following case and answer the questions given at the end.
Sriram was employed as a badli technical mate in the Pune-Miraj Railway construction. He had worked for about two years continuously in that capacity. He was subsequently selected for employment on one of the construction sites at a different place in Andhra for a tenure of two years.
He was properly relieved immediately but was not paid any sums - either as settlement or as terminal benefits. Also, the travelling expenses were not borne by the earlier construction organisation, though he was paid his wages till the date of relief. At the new place Sriram worked for two years and the period was further extended by another two years (total four years). On completion of four years of service, Sriram came and offered his services again in the Pune-Miraj construction and since he was an excellent worker he was taken again as a badli worker, but this time on regular monthly scales of pay with appurtenant benefits, since orders had by then come from the concerned Ministry that whoever had put in a continuous service of more than six months should be given the pay and other benefits though they are badli workers. This was the position with other workers also who were either retrenched and taken back or were continued. There were about 500 such workmen.
A situation however arose that Sriram had to be deployed, at this time to a lower grade and post as a regular measure but he refused stating that it was not suitable to him. Sriram was retrenched for refusing to accept alternate employment in the lower grade. This termination came to him after two years of his present appointment as a technical mate.
Sriram approached the higher authorities but they said that since no post was available in
the higher grade, even as a badli supervisor, either he has to take up his post in the lower grade as a regular measure or face retrenchment. Sriram pointed out that there are vacancies in similar grade of different category - as Draftsman – and that based on his qualification, he can be fitted in. Sriram also pointed out that the situation of retrenchment would not have at all come in, if he was considered when a regular vacancy in his grade category came up during his tenure appointment in another construction. The
organisation pointed out that once he has left a particular site, he ceases to have any connection and that he was taken as a badli supervisor only on humanitarian grounds.
Sriram made a counter argument that his services cannot be treated as terminated, on his return from tenure post as he is presently carrying forward his services in the previous unit itself. Accepting employment afresh, was due to circumstances beyond his control and because management was adamant otherwise. He also argued that in as much as his settlement was not made, nor was he given any compensation, he cannot be stated to have been retrenched at all.
He also said, if he was treated as retrenched, he would have become the junior most and that as per Sec. 25 of I.D. Act he would not have been eligible for being considered again at all. The management argued that he could have claimed relief immediately and not after six years. Sriram went to Labour Court and the administration had put forward the same arguments. With arguments and counter arguments, the matter was dragged at the conciliation stage for about seven/eight months.
The conciliation officer submitted failure report with recommendation for reference to Tribunal/ Labour Court. The matter came up before the Labour Court. Management took a stand in the Court that Sriram was retrenched before posting to the other construction site, and has been paid all dues.
Management however, expressed its inability to produce any record and their contention was that statutorily, it is not required to maintain any record under Payment of Wages Act, for more than three years, after the payment of retrenchment compensation. Sriram had also no grounds for claiming past seniority. Sriram argued that unless facts are proved by documents, cash vouchers and retrenchment order and other receipts, etc., before the Court as per the Government rules which makes it obligatory to produce documents, he cannot be considered as having been retrenched and he has a claim for the post which fell vacant during his tenure posting in another construction site.
Questions :
a) Assuming that the organisation has not paid Sriram his dues including the retrenchment compensation before posting to the tenure post, can the organisation refuse any employment to him on return, when the agreement does not speak anything to this effect ?
b) Does the employee lose his right of claim of past seniority simply because he was away for four years and then was taken afresh ?
c) What should be the relief available to the aggrieved workman if the Court is convinced that Sriram's dues have been settled before proceeding on the tenure post
to another construction site ?
d) What should be done if it is found that Sriram's dues prior to joining the tenure
post, was not settled nor was Sriram shown as retrenched on records ?
Ms-28 dec 2010
MS-28 Dec-2010
MS-28 : LABOUR LAWS
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Ms-28 dec 2011
MS-28 Dec-2011
MS-28 : LABOUR LAWS
1. Explain the impact of ILO's conventions and recommendations on labour legislation in India.
2. Discuss the Scope and Coverage of the Mines Act, 1952. Explain in detail the enforcement of the Act.
3. Explain the concept and nature of standing orders under the Industrial Employment (Standing orders) Act, 1946. Describe the concept of misconduct under the Act.
4. Discuss the concept of bonus under the payment of Bonus Act, 1965. Explain the concepts of sums mentioned in the third schedule to be deducted from gross profits.
5. Write short notes on any three of the following :
(a) Social justice
(b) Maternity Benefit Act, 1961
(c) Prohibitions under the child labour (Prohibition and Regulation) Act, 1986.
(d) Retrenchment
(e)The Employees Provident Fund Scheme, 1952.
6. Read the following case and answer the questions given at the end.
M/S. Krishna Trading, a road transport company of Calcutta has a fleet of trucks for carrying -steel scrap-cuttings from various industrial organisations in Jamshedpur to a
number of iron and steel foundries around Kolkata. Since the scrap is to be collected from various points at regular intervals, the company sends each truck with one driver and a cleaner-cum -khalasy. Its resident representative at Jamshedpur coordinates in the collection of scrap from various locations. Scrap is generally loaded into the truck with the help of an overhead crane belonging to the company selling the scrap. At the time of weighing of the empty truck, loading of the material, as well as the time when the loaded truck is weighed, a representative each of the Security Department, Accounts Department (Weigh Bridge) and of the Department to which the scrap belonged, are present and a record of weights kept in a Weighment Register. Since the contractor is interested to get the material loaded quickly on the truck, his representative has to keep
good relations with the crane drivers and the security staff. Things were going on well till Kali Charan, representative of M/S. Krishna Trading informed N. Raman, manager of the factory on February 2, 2004 in the morning hours that the crane driver Ramu has threatened to damage the truck by dropping the scrap from a height unless he is given Rs. 50 per truckload. The security havildar K.P. Singh also demanded Rs. 50 per truckload to expedite loading and weighment. Kali Charan also complained that on earlier occasions, he used to pay Rs. 20 to the crane driver and Rs. 30 to the security havildar per truck to avoid delay in loading and weighment. Raman was concerned over the dishonest behaviour of his employees and called the Security Officer, Capt. Ranjit Singh. Raman put his initials on ten ten-rupee new currency notes and gave the same to Kali Charan for handing over to Havildar K.P. Singh and Ramu on demand for their so-called services. He also advised Capt. Ranjit Singh to lay a trap to catch these employees. On completion of the loading at about 11.00 AM on February 2, 2004, Ramu was given five ten-rupee notes, and after the weighment Havildar K.P Singh was given another five ten-rupee notes earlier signed by Raman. After the loaded truck was escorted outside the works at about 11.05 AM, Capt. Singh called Havildar K.P. Singh and Ramu to the Security Office where apart from Raman and Kali Charan,
Administrative Officer Goel was also present. In their presence, Capt. Singh asked Havildar K.P. Singh and Ramu to take out whatever money they had with them. In the process, all the signed currency notes were recovered. At the instance of Raman, Goel took down the statements of the following persons :
1. Kali Charan
2. K.P. Singh
3. Ramu
4. Capt. Ranjit Singh
Both Havildar K.P. Singh and Ramu admitted their guilt and begged apology, but refused to put their signatures on the written statement. There was a prima facie case against both K.P. Singh and Ramu.
As per the Company's Standing Order No. 23 (iii) "Taking or giving bribe or illegal gratification whatsoever" is a misconduct.
Questions :
(a) Advise Raman as to the nature of action to be taken against K.P. Singh and Ramu.
(b) Advise Raman as to the merits and demerits of holding a domestic enquiry.
(c) Suggest to Raman various steps to be taken in a disciplinary proceeding.
(d) Also suggest to him the types of punishments which are normally awarded in case of misconducts.
Ms-27 june 2007
MS-27 june-2007
MS-27 : WAGE AND SALARY ADMINISTRATION
l. Discuss the main features of reward system. How do the behavioural science theories influence reward management ?
2. What is the rationale for job evaluation ? Discuss the various methods of job evaluation
3. What are the requirements of the Payment of Wages Act, 1936 in respect of payment of wages ? Give an account of various deductions under the Act .
4. Discuss the various components of a compensation structure. What are the factors that are usually taken into consideration in determining compensation structure ?
5. Attempt any two of the following :
(a) Corporate compensation policy
(b) Compensation survey
(c) Minimum wage, fair wage and living wage
6. Discuss various allowances and fringe benefits paid to industrial employees as an integral part of their compensation package. Give examples.
7. Write short notes , on any three of the following :
(a) Tax implications of compensation to employees
(b) Equal Remuneration Act , !976
(c) Downsizing and VRS
(d) Collective bargaining as a method of wage fixation
(e) Emerging issues and trends in compensation
8. Read the following case and answer the questions given at the end.
The National Manufacturing Company reached an agreement with the Union on a production incentive scheme to increase production. The company had an unprecedented demand for its goods and the Union agreed for the incentive scheme. The management was pleased. with the assurance of the Union leader to
personally undertake the task of implementing the scheme. The management promised to give him a free hand if he could assist in increasing production. The Union did increase production to alrnost double the original level. As a result, the Union gained importance. Any problem could be sorted out by the Union by its direct access to the Chief Executive.
The incentive scheme benefitted primarily the Union members. The scheme was inequitable as some workers got disproportionately large incentives, some low and
some no incentive at all. The second feature was that as the incentive was linked to the Consumer Price Index (CPI), the distortion got further accentuated. However,
when the Union tried to misuse its new found powers,
the management struck back one day by taking disciplinary actions against all the leaders and the Union found all of a sudden that it was without a leader. Another Union arrived on the scene and the leader had established a rapport with the Chief Executive, and this new Union faithfully followed the tenets of the management but as a price extracted some benefits for its members exclusively. The Union saw to it that production became its exclusive responsibility and it had a hot-line with the Chief Executive for any problem resolution. As the years passed, the Union started agitating for improvement in the wage scales. Because of the incentive scheme, the company found that any improvement in the basic wage would pose greater problems and the primary question before the management was to delink the CPI from the incentive scheme. The Union refused to delink the CPI from the incentive scheme as some of its members were earning an amount equal to, if not more than the salary, as an incentive itself. At the same time workmen with no incentive and being grade barred began to lose. And this resulted in discontentment amongst the workmen. But the dilemma could not be resolved and this led to an explosive situation.
A third union emerged on the scene and this led to intense inter-union rivalry resulting in indiscipline, loss of production, and violence within the factory premises, as a result of which the company declared a lockout. when the plant reopened after four months, the Union in power lost its creditility and th; new Union had the complete support of the workmen. The new Union Ieader could develop a rapport not only with the workmen bui also with the management and expected the management to solve the problem of not having revised the wage scales for a long period. But this was not an easy task as there were a lot of inequalities that the management wanted to set right.
The union, though agreeing with the management, would not agree for a cut in the wage in any manner to set right the inequalities. The Union not only wanted to cling to the beneficial aspects of the incentive scheme but also insisted that the management somehow give an increase in the basic wages. The management was being drawn into a vicious circle of the incentive scheme being inequitable but when the Union's attention was being brought to the high incentive categories, it reverted to the low basic wage theme. The management remained in a quandry as regards how to convince the workmen, to win over the constituency of workmen and make managers effective and regain supremacy in production
Questions :
(a) Identify the problems and their causes in this case.
(b) Under the given situation, how are the problems to be remedied ?
(c) Suggest various principles and strategies the management has to keep in mind while formulating a wage incentive scheme for the employees
Ms-27 june 2008
MS-27 june-2008
MS-27 : WAGE AND SALARY ADMINISTRATION
1. Explain the concept of compensation. What are the management's responsibilities regarding the compensation programme ?
2. Explain the need and purpose of allowances and fringe benefits given to the employees in an organisation. Discuss with suitable examples.
3. Describe different methods of wag e determination. Discussed why collective bargaining is superior to other methods of wage determination.
4- Explain out is performance-linked reward system. Discuss various steps involved in designing a performance-linked reward system.
5. Write short notes on any t:hree of the folloving :
(a) Time and piece rate system of wage payment
(b) Tax planning
(c) Downsizing
(d) Stock options
(e) Retiral benefits
6. Read the case given- below and answer the questions given at the end.
A large public sector undertaking employing thousands of supervisors got an interim injunction order from the High Court in a case represented by the Employees Union regarding calculation of tax. The stay order was not to take into account City Compensatory Allowance (CCA), Dearness Allowance (DA) and Additional Dearness Allowance (ADA) for calculation of net taxable income'. If this stay order was implemented/made applicable to that section of the employees who were members of the Union, rnost of the staff will be out of the tax net. The matter was brought to the notice of the General Manager by the Accounts Department for advice /orders. The General Manager contacted his close friend and associate, a senior income tax department official, who advised him, to persuade the
staff and to take into account CCA, DA and ADA, for calculation of net taxable income and to recover tax from all the employees as due, irrespective of the high Court interim injunction or irrespective of the Union to which they belong. The justification for this advice was that the Direct Taxes Amendment Bill was being passed and that in any case the tax will have to be recovered inclusive of CCA, DA and ADA. The General Manager though reluctant; felt that the advice of his friend should be needed. The matter was taken to the personnel Department. The Chief of personnel held a different view. His view was that the not be included in taxable reasons : taken to the Personnel Personnel held a different CCA, DA and ADA should not be included in taxable income for the following reasons :
- (1)There are the High Court's interim orders and if not obeyed there may be a contempt petition by the Union
2) When in doubt we should always await the final outcome.
3) If we calculate net taxable income without taking CCA, DA and ADA we are not only not violating the High Court's orders but also the staff will feel that we are one with them and not anti-labour.
4) The Union will feel happy, since the others who are not members of the Union, can be wooed and they now know the prowess of the Union.
When this was pointed out to the General Manager, he again contacted the income tax official. The official stated that the Amendment Bill is in final stage and is almost passed and it would therefore be wise to recover the full tax taking into account the CCA, DA and ADA to avoid double work and extra labour. The Chief of Personnel did not agree. with this view and added that considering the economics of present day with the rising trend in price index, etc., an amount which is not clearly recoverable at present and in doubt but, will become recoverable subsequently should not be recoveled now. It should be recove red only later when it becomes clearly due and recoverable. Moreover, this course of action would show to the workers the organisation's good intentions towards their workers, oneness with the staff, abiding law and the impression that 'we care for the Union, though this may involve additional labour and extra work later on. The Chief of Personnel also pointed out that employee/employer relation is always ,pay now, recover later' and the maxim 'payments due first preference, recoveries due in due course' would always create a better industrial climate particularly in the context of our culture and work ethos coupled with the socialistic concept of the Government. It would also be good for the organisation, he argued.
The General Manager was perplexed not only because the high official of the tax department was a well wisher and good friend of the General Manager and his advice was valued, but also in the interest of the company' he did not want strained relations with the tax department.
Questions
(a) Identify and describe the core issue in this case.
(b) with whom do you agree and why ? If you are the General Manager how will you deal with the situation ?
Ms-27 june 2009
MS-27 june-2009
MS-27 : WAGE AND SALARY ADMINISTRATION
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Ms-27 june 2010
MS-27 june-2010
MS-27 : WAGE AND SALARY ADMINISTRATION
1. Discuss the process oriented behaviour theory and show relevance for reward management.
2. Discuss any two methods of job evaluation with suitable illustration.
3. What are the salient features of the Employees Provident Funds and Miscellaneous Provision Act, 1952 ?
4. Explain various individual and group incentive plan and their merits and demerits.
5. Write short notes on any three of the following :
a) VRS
b) Stock options
c) Compensation survey
d) Equal pay for equal work
(e) Retiral benefits
Ms-27 june 2011
MS-27 june-2011
MS-27 : WAGE AND SALARY ADMINISTRATION
1. Explain the Role of Compensation. Critically evaluate the current trends in compensation with suitable example.
2. Discuss the need, object, scope and coverage of the minimum wages Act, 1948. Describe the procedure for fixation and revision of minimum wages under the Act.
3. Explain the concept of job evaluation. Discuss any two methods of job evaluation and their merits and demerits.
4. Discuss what do you mean by performance linked reward system. Explain various steps involved in designing a performance linked reward system.
5. Write short notes on any three of the following
(a) Tax planning
(b) Time and piece rate system of wage payment.
(c) Downsizing
(d) Stock option
(e) Managerial compensation.
6. Read the following case and answer the questions given at the end.
The Indian Electric Company is a city based manufacturer of welding machines and motors. When Mr. Nirad Shah established the company in 1970, he was keenly aware of the importance of a highly motivated workforce, and how the company's success, in fact, depended on it. Therefore, Mr. Shah had to ensure that each employee would work as diligently as possible for the good of the organisation. Mr. Shah realised that the best way to motivate employees would be to link the company's reward and recognition system to its goals. To establish this nexus, Shah developed and implemented an incentive system. Its aim was to improve the company's overall performance by allowing contributing workers to share in the proceeds. The plan rewards employees for turning out quality products efficiently while controlling costs. The system includes the following components :
Paying by the Piece Rate : Production workers are paid according to the number of "pieces" or product units they produce that are not defective. If a customer sends a defective part back to the company, the employee who produced it must repair it on his or her own time.
Providing year - end Bonus : To reward workers further for their efforts, Shah introduced a year-end bonus system that gives all workers opportunity to nearly double their base wages. Workers get the bonus if the company's annual profit increases.
Providing Stock Options : Shah also provided his employees with the option of buying company's stock at a low cost. Employees are also given shares of the company's stock based on annual profits.
All the above financial incentive payments enabled the employees to earn more and helped to improve their morale and motivation.
Questions :
(a) Identify the salient issues of this case in general.
(b) What are the additional financial incentive schemes you suggest for sustaining the morale and motivation of the employees ?
(c) Suggest suitable non-financial incentives (informal rewards) for further improving the morale and motivation of the employees of Indian Electric Company.
Ms-27 dec 2007
MS-27 Dec-2007
MS-27 : WAGE AND SALARY ADMINISTRATION
Mr. C.S. Sharma joined in 1970 in Indian Institute of Technology a premier educational institution in the country, imparting higher level education in technology. His job demands higher level and latest knowledge, higher level teaching skill, and other skills in introducing and practicing different teaching methods and bringing
coordination between the institute and industry. The institute implemented the pay scales in 1976 recommended by the University Grants Commission which were at par with the pay scales of teachers in Universities and Colleges. The demands of the jobs in Universities and Colleges are quite low compared to those of the Institute.
The pay of Mr. Sharma. has been fixed at that level of Mr. Singh, who joined the Institute 1n 1974 as the University Grants Commission did not recommend any weightages for the teachers who put up less than five year's experience. Mr. Sharma was quite unhappy over the parity of salary of the teachers of the institute with the teachers from Universities and Colleges; and also with those having less than five year's experience. Hence he decides to quit
Questions :
(a) Do you justify the decision made by Mr. Sharma ?
(b) Do you suggest any measures to stop Mr. Sharma from quitting the job ?
(c) Do you think that there is something wrong with the Institute pay ptactices and the University Grants Commission's reconunendations ? If yes, what are they ? How do you rectify them ?
Ms-27 dec 2008
MS-27 Dec-2008
MS-27 : WAGE AND SALARY ADMINISTRATION
1. Enumerate wage theories. Explain any two of them with suitable examples. Briefly discuss limitations of economic theories.
2. What are the micro level considerations for evolving a compensation policy ? Explain with suitable example.
3. What are the objectives of Allowances and benefits ? Briefly describe various fringe benefits.
4. Discuss the types of performance linked reward schemes. Critically analyse the steps in designing a performance linked reward scheme.
5. Write short notes on any three of the following :
(a) Tax planning
(b) Equal pay for equal work
(c) Compensation policy
(d) Collective bargaining as a method of wage fixation
G) Voluntary Retirement Scheme (VRS)
6. Read both Case 1 and Case 2 giaen below and answer the questions given at the end of each ease.
CASE 1
A financial institution has just decided to open a branch at Bhimunipatnam, an exclusive resort located about 20 miles from Waltair, a large city. There is no bank at present in Bhimunipatnam. The financial institution is anxious to determine the appropriate wage for the clerical staff it expects to hire. Clerks in the city office at Waltair receive a starting wage of Rs. 1,000 per month. As a matter of company policy these wages rates have been set at mid point of the range
for financial institutions in Waltair.
A survey at local business at Bhimunipatnam indicates that the'going rate' for
qualified clerical personnel varies between Rs.1200 - Rs.1,400 a month. This higher rate in Bhimunipatnam may be attributed, in par! to the substantially higher cost of living in this resort town the limited number of young people seeking employment and the fact that there are no other financial institutions in Bhimunipatnam. Banks in Waltair have traditionally paid lower wages than other businesses, on the ground that banks offer better working conditions and higher prestige.
Questions :
(a) What amount, should the financial institution fix as personnel ?
b) What factors should be considered in making the decision ?
