The recurring labour unrest at
the country’s largest passenger car maker Maruti Suzuki clearly shows effective
dispute resolution should be a strategic priority for Indian corporations, say
analysts. Four leaders present their views.
Engage the workforce
Rajeev Dubey
President, group HR & aftermarket sector, M&M
President, group HR & aftermarket sector, M&M
The main question is: How aware we
are of the aspirations of the people who work for us. We have to listen to our
own people. The issues of operational efficiencies and cost competitiveness
will have to be married to issues of equity among employees.
The most important way to do this
is through dialogue. Companies should review if they listen enough to their
people and whether they consider the latter’s points of view or not. For a
manufacturing company, there has to be the right amount of productivity to stay
competitive, but it can’t ignore the task of keeping the workforce engaged and
motivated with a sense of ownership in the company. Ownership among employees
prevents them from damaging the company in any way because they feel they are
as much a part of its well-being as the top management.
That will come only when they
believe they are being heard by their employer.
However, there is no magic wand for
it. The main lesson that one can draw from a workforce-company face-off is that
there needs to be more dialogue than what existed.
But a crisis such as a strike tends
to underline the fact that opening a dialogue overnight does not help. It has
to be done over time, as an exercise. Investing time in dialogue with
employees, including blue-collar workers, makes it easy to build a critical
factor in employer-employee relationships — and that is trust. A sustained
two-way communication is a genuine way of understanding each other. Do that
over a period of time, and mistrust and misunderstandings will be taken care
of.
The best way to build that trust
through dialogue is by sharing the business plans with the employee on the
factory shop-floor or at the sales front-end. The yearly business plan, once
created by the leaders, will have to be translated into a cascading, but
two-way communication, so that even the blue-collar workforce in the factory
understands what levels of productivity and innovation are needed of them to
achieve the targets and why. They would want to work towards it — after all, it
will improve their livelihood as well.
But it is critical to leave a
channel for them to contribute their ideas as well. It will give them the power
to co-create and feel a greater sense of ownership in the company’s future.
This will depend on who conveys the business plan to the workers. The
shop-floor supervisor, for example, will have to be sensitised to listening
well. Otherwise, how will the employees feel their voices are being heard? I
have witnessed some of the best operational and even strategic ideas coming
from blue-collar employees because they are closest to the scene of production.
A company can anticipate a
workforce crisis if it keeps its ears and eyes open. There have to be
mechanisms such as listening posts within. Dialogue methods and listening posts
should include a two-way feedback system, training for the employees, and, of
course, sharing the company’s business plans.
The channels ensure that the
employer does not come across as insensitive and, at the same time, give the
employer ways to understand what could be ailing the employees. By conveying
what is critical in the company’s periodical business plans, the employees are
made to feel a sense of responsibility for the well-being of the place they
work in. Emails and memos are tools towards this end but the most vital tool is
one-to-one conversation.
The problems of disconnect and
mistrust can take certain forms for some companies, but they are issues that
riddle all companies today. Constant dialogue to work together to create a
successful future is a sure-shot way of avoiding untoward distress.
Build
psychological connect
Debi S Saini
Professor & chairperson, HRM Area, MDI, Gurgaon
Professor & chairperson, HRM Area, MDI, Gurgaon
The stock owners of Maruti Suzuki,
its management, as well as those concerned with higher economic growth for
India must have heaved a sigh of relief to see an end to the workers’ strike.
The key issue was registration of trade union by workers of the Manesar plant.
Such attempts in the private sector in India have almost always involved some
acts of indiscipline on the part of workers concerned. Eventually, the centre
of attention in this case as well shifted from the core issue of union
registration to negotiating for having the dismissed workers back.
No doubt, violence of any kind
cannot be accepted in a civil society, though often dispute resolution
processes in such cases take a more reasonable view of such happenings in the
interest of industrial peace, and thus condone such acts of indiscipline. A
viable solution to the Maruti Suzuki story needs a holistic analysis in view of
what is happening to the union movement globally as well as in India in the
post-globalisation era. Over the last two decades or so, the union density and
reach have substantially declined globally. The International Labour
Organisation (ILO), the sole international custodian of workers’ rights, has
shifted its focus from ‘adversarial collective bargaining’ to ‘provision of
decent work to men and women’ everywhere, as its main raison d’ĂȘtre.
The post-globalisation economies
are struggling with chaotic competition at the global level. Enlightened
employers are competing with unions in wooing the individual worker to see that
situations do not arise whereby s/he is compelled to go to the union for help.
Rather, they want that the worker falls in love with the employee development
agenda developed by the corporations themselves.
Despite the current peace at
Maruti, there is no guarantee that the flare-up would not happen again. There
are many reasons to support this thesis and therefore the management needs to
prepare itself against such happenings. First, the Maruti management needs to
become more aware of the writing on the wall, and not sit on its past laurels —
the present victory and the year 2000 victory at the Gurgaon plant that had led
to the present compliant union there. Most workers at the Gurgaon plant are
older unlike the young Gen Y Manesar workers, who are less tolerant if
challenged.
Second, the Indian democracy and
Constitution guarantee to its citizens the freedom to form associations and
unions. This right cannot be taken away from the Indian legal system, despite
the exigencies of faster growth, and younger workers do not fear being sacked
for making such attempts again. This happened in the case of Honda workers in
July 2005 in the same region; their union has been openly supporting the Maruti
workers in the Manesar plant. In fact, it would not be wrong to say that the
repeated unionisation attempt of the Maruti workers is inspired by the Honda
workers’ success.
Third, there are strategic shifts
in managements’ approaches to handling industrial relations as they march
towards a no-union or cooperative union model. I believe that an employer has
the right to pursue a no-union model provided it successfully makes employees’
worklife exciting, dignified and fulfilling, as is being done by several
leading companies today. Even some small Indian companies, like Classic Stripes
in Mumbai with just 300 core workers, are successfully following a no-union
model not only with amazing success but also with exemplary respect from the
workers. This company came sixth in the recent best employer company survey in
India, beating most multinational companies working in India.
For lasting cooperation, Maruti
needs to train its line managers not just in grievance redressal but in caring
for and communicating with each worker from their heart so as to develop among
them a sense of ownership. That would help strengthen a workplace culture that
restores the workers’ pride and dignity. This task cannot be just episodic and
left to the HR department alone. The company needs to build a psychological
connect with each employee, and internalise a great deal of passion in its
employee care programme so as to move away from any symbolism or neglect. It
must have a comprehensive communication and human relations agenda touching
most aspects of the workers’ lives and their families so as to bring the
alienated workers back into the mainstream and on a path of commonality of
objectives as a way of life.
It will take a while to build that
culture and will necessitate a long-term focus on training line managers in
soft skills development. This role of the line managers should be written in
the managers’ key result areas for the purpose of assessing their performance.
Let the workers feel from within, and not due to fear, that they believe in the
company’s vision for their own benefit as much as for the company’s.
Learn
to trust
Abdul Majeed
Auto practice leader, PricewaterhouseCoopers India
Auto practice leader, PricewaterhouseCoopers India
Companies today increasingly focus
on market suppliers and financials while perhaps not investing much in labour
relations. On top of that, the labour laws are not fair and not balanced. They
tend to favour only one of the parties — the labour force. Once a manufacturing
company employs a permanent staff numbering more than a 100 people, they become
bound by the inflexible labour laws. The employers cannot fire at will.
Before liberalisation, the bulk of
the labour force was made up of permanent workers and a small fraction was
contract workers. But post-liberalisation, most manufacturers have opted for
contract workers to work around unfavourable labour laws. Now, almost 50-60 per
cent of the labour force comprises contracted and temporary workers for
manufacturers, hired through contracting agencies.
These workers get only those
benefits that the agencies think is fit to provide.
As a result, two classes within the
workforce are being created. The companies end up creating a complex supply
chain of labour. It becomes the company’s prerogative to offer similar benefits
to both sets of their workers so that they don’t feel alienated. Handling the
two groups of employees becomes a veritable challenge.
One of the ways to handle such a
scenario is to invest in adding skills to the workforce, contract or permanent.
Indian universities don’t impart the required practical skill-sets, as a result
most original equipment manufacturers (OEM) in the automotive industry train
them for a few months after employing them.
There is no evidence to suggest
that Maruti has given anything but best-in-class benefits to both the classes
of workers. And their stand on not tolerating indiscipline is justified. But
the problem was mainly due to each concerned party losing confidence in the
other. With trust, an employer can make its employee understand the reasons
behind a code of conduct and the employees would sign it voluntarily. The DNA
of the company through its governance code has to be made clear.
Communicating well with the
labour-force is a sure-shot way of getting out of such face-offs. Because at
the end of the day there are no winners; the company loses, the employee loses
and the government loses. Whatever is the issue, the confidence of the workers
in the employer should not waver. Interventions from third parties could shake
the confidence levels of blue-collar workers, however. This was seen in the
Maruti crisis. Blue-collar workers tend to get more emotional in their dealings
with their employer. They need to be addressed accordingly. They have to be
coaxed to step into the management’s shoes and see their point of view. At the
same time, the management too should be able to empathise with them.
Most auto OEMs and component makers
operate on reed-thin margins of 2-3 per cent. And, when there is a liquidity
crunch, say after interest rate hikes, then sales take a beating. The
blue-collar workers have to be briefed and made to understand the industry
issues. Regular sessions with them to explain the broader business environment
and hence, the limitations because of them, would inspire confidence and keep
everyone on the same plane of reference.
At the same time, auto
manufacturers ought to be wary of repeating the crisis in Detroit. That is,
companies can't give away more than what they get. Hence, if the times are
good, they can afford bonuses etc. But if the times are bad then they would
need to scrimp. Their workforces would have to be sensitised to such
predicaments.
Another proactive step could be
auto manufacturers telling their contract workforce: “We will pay you more or
increase benefits if you can improve your skills,” and create ways for them to
do that, say, through training. However, nothing can replace the mantra of
‘communicate, communicate and communicate’.
The labour laws together make for a
time bomb. Crises such as the one at Maruti get more difficult with political
intervention by groups who are none of the immediate parties concerned.
Manufacturers are still intent on setting shop in India because our market is
too large to ignore. However, the unstinting labour laws could eventually see
companies setting up factories in nearby countries to feed the Indian demand.
Be
proactive, not reactive
Michael Dias
Secretary, The Employers Association, Delhi
Secretary, The Employers Association, Delhi
Recent newspaper reports indicate
that Maruti Suzuki India has finalised a deal with the Gujarat government to
set up a manufacturing plant in the Mehsana district. Whatever may be the
provocation for the shift in the manufacturing base from the state of Haryana
to that of Gujarat, it should be clearly understood that the Indian worker
working in any part of the country shares a common psyche and, of course, is
governed by a common law, even though labour laws fall in the domain of the
Concurrent List of the Constitution of India.
That being so, the moot question is
why did the strike take place in the first instance, given that the company had
experienced labour strife at their Gurgaon plant just a couple of years ago. An
analysis of the current problem takes us to December 2010 when, according to a
management release, “A handful of Manesar plant workers started a negative and
secret effort to de-stabilise the Maruti Udyog Kamgar Union (MUKU). They joined
hands with external elements to form a separate union at the Manesar plant,
thereby negatively impacting the environment at Manesar Plant. The young and
inexperienced workmen population became easy prey to these negative workmen.”
Going by this version, is it the
contention of the management that it was unable to effectively deal with ‘a
handful’ of workers at the Manesar plant? Also, what makes the Maruti
management believe that the MUKU alone can articulate the needs of the Manesar
plant workers? This approach is flawed as it goes against the fundamental
principle of freedom of association. The Trade Union Act, 1926, clearly
reflects that there is no legal prohibition with regard to the number of trade
unions that may be formed or may exist in an establishment.
The first flash strike by workmen
began on June 4, 2011. The contention of the management was that it was without
any valid labour issue or demand charter. There would obviously be none because
the strike was not for higher wages or better working conditions per se.
Workers struck work at Manesar demanding that the company recognise a separate
independent union besides reinstating the workmen dismissed on alleged
disciplinary grounds.
The matter has been concluded
through a settlement dated October 19, 2011. A key provision in the settlement
is the constitution of a Workers’ Welfare Committee in the company. Clause 5 of
the said agreement provides for a Grievance Redressal Committee under Section
9-C of the Industrial Disputes Act, 1947. The Section mandatorily provides for
the setting up of a Grievance Settlement Authority in an establishment. Had
this legal provision been complied with, the contention of the management that
“the young and inexperienced workmen population became easy prey to these
negative workmen” would have been adequately dealt with.
Before concluding, it is important
to discuss the role of the labour officials who play a pivotal role in ensuring
harmonious employer-employee relations in the industrial estate. Gurgaon, for
instance, has just six-seven labour inspectors. As things turned out, the
assistant labour commissioner of Gurgaon is, in fact, a top official with HUDA
and is kept busy with HUDA issues.
The issue of contract labour,
unfortunately, has not been adequately addressed in this entire episode. It
needs to be understood that contract labour, in the Indian context, is not
cheap labour. It is here to stay, provided that contract labour, as the ILO
urges, is provided “decent work”. The decent work agenda of the ILO, which the
Indian government professes, appears to have faltered in the engagement of contract
labour at the ground level. This is an important issue that needs to be
addressed as a national agenda since the existing statute on the subject,
namely, Contract Labour (Regulation & Abolition) Act, 1970, is woefully
inadequate to meet the challenges of production in the 21st century in order to
make India the world’s manufacturing hub, even ahead of China.
The Ministry of Labour &
Employment needs to diligently address this issue. Regrettably, the Standing
Labour Conference held at New Delhi on October 17, 2011, where the agenda for
the Indian Labour Conference to be held early next year was finalised, did not
have contract labour on its agenda. Does it mean that the ghost of the Maruti
agitation will continue to haunt other industrial hubs across the country?
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