An Interview with Prof. Pranabesh Ray (Dean, XLRI, Jamshedpur) suggests the management-union dialogue is the best way to deal with workplace issues

Q. In case of a labour union-management clash, what should be the best way for the management to respond?

A. If you look at our legal structure, we will see that our labour laws have evolved in a peculiar manner. Today, the government’s role is much more than what is required between the management and labour relationship. For example, our constitution gives us the fundamental right to form a union and association under Article 19 (1) C, but unfortunately in that legal structure there is no law for their compulsory recognition. Except for some small pockets in Mumbai, nowhere in the country the management requires to recognise any union.

Recognition allows communication with the management, which does not happen. So, even if I have the right to form a union, nobody will listen to me. Communication will happen only when they are forced through some industrial action, like strike. And, therefore, need for a third party or a tripartite mechanism has been emphasised. Labour and management should be allowed to sit and settle their matter amicably. They must understand they are vital for each other’s existence and thus need to listen to each other.

Q. With HR becoming proactive in organisations, where does that leave trade unions in today’s scenario?

A. HR is becoming proactive, but unfortunately its proactiveness is not percolating to the grass-roots level. The movements of HRD are still restricted to executive or officer level. If you look at people specialising in HR from various institutes, you will find they are actually not going through hardcore IR issues and are more into strategy, T&D and performance management.

Q. The 1980s saw a number of strikes and lockout, which declined with the turn of the decade (in the early ’90s). To what can we attribute this decline?

A. There could be various factors such as opening up of economy, better evolved employers who were sympathetic to employee needs, and better salary structures. When labour and management interact the outcome is often positive, but when the third party intervenes the real problem starts. Click here to read full interview...

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