LLA-H16

LLA-H16
MBA (HRM) 2016-18 : Term-IV

LABOUR LAW APPLICATIONS
(Eligibility: Minimum CQPI in LL-I, LL-II should be 6.00)

COURSE OUTLINE

Credits	3.0
Name of Faculty	Prof. Dr. V. Nagaraj
Programme	MBA (HRM) 2016-18
Academic Year and Term	2017-18, Term-IV

LEARNING GOALS:

To induct the students to the Application of the Industrial Relations Law with special reference to discharge, dismissal, termination and retrenchment in general, and disciplinary action and the process of domestic enquiry enquiry, in particular with a special focus on s. 33 of IDA, which is the most complex provision of the entire IR law. This is a superstructure course to be build upon the foundation of ERL-I-IRL and the students are expected to gain thorough knowledge of the above processes and examine them from the standpoint of the principles of industrial jurisprudence and interpretation of statutes. On the completion of the course, the students are expected to gain a reasonable command over all the aspects such as (i) drafting skills; (ii) ability to conduct a domestic enquiry, and (iii) methodology involved in handling normal discharge and dismissal, apart fro the cases falling u/s. 33 and the legal and IR implications of different types of termination. .

1. Sources of Law, Principles of Equity; how industrial tribunals and labour courts apply Principles of Equity in resolving Industrial disputes.

2. Types and sources of the Termination of the contract of employment and the procedure to be followed, the rights and duties of the parties, the pitfalls in the process and the legal and IR implications.

3. Distinction between S. 33(1) and 33(2)? Distinction between S. 33 & S. 10 - How does S. 33-A operate? Distinction between s. 33A & s. 10 in terms of the scope of powers of the authority?

4. Distinction between S. 33C (1) & 33C (2) – Scope of enquiry under S. 33-C (2) as compared to S. 10 (1).

5. Discipline - Introduction - common law right of employers - the nature of restrictions imposed on the common law right to terminate - rights of workmen u/s. 2-A of the ID Act - Nature of powers conferred on the adjudicators u/s. 11-A - misconduct - misdemeanour - carelessness - standing orders – misconduct: classification

6. Disciplinary proceedings: implications of preliminary enquiry - Charge-sheet - nature, scope and criticality of CS - contents of CS - precautions, issues and concerns in framing charges - Show-cause notice vs. Charge-sheet - Domestic Enquiry - Principles of Natural Justice reasonable opportunity - representation of parties - examination-in chief - cross-examination - re-examination and re-cross - manner of adducing evidence - leading questions - role of EO - summing-up arguments - enquiry proceedings vs. enquiry findings - closing of enquiry proceedings - findings or report of the EO; need for, and importance of.

7. S. 2-A. & S. 11-A: “materials on record” - right to adduce evidence before tribunal

8. Nature and scope of Ss. 33 and 33-A: workman concerned in the dispute: who is? - misconduct connected with the dispute: what is? – prior permission vs. post-facto approval of the action – protected workman – violation of S. 33: Effect

9. Retrenchment procedure – conditions precedent to retrenchment

10. Suspension pending enquiry – subsistence allowance payable – Unauthorised absence, availing medical leave repeatedly – how to deal with these issues

11. Payment of Wages Act and Penalties prescribed therein – procedure to be followed for imposing penalty

12. Principles and practice of drafting – Exercises.

13. Prevention of Sexual Harassment at workplace – procedure for conducting enquiry

14. Contract Labour Regulation and Abolition Act – how to deal with the contract labour

ATTENDANCE REQUIREMENTS: As per the student manual.

PEDAGOGY: Completely Case-based, with Groups making an analysis and presentation of cases assigned to them, coupled with a pre-course FAQs Exercise.

Evaluation pattern
Case Analysis & Presentation - - - - 10
Mid-term - - - 20
Drafting - - - - - - 20
Overall Performance including Participation - - 10
End-term - - - - - - 40
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Total - - - - - - - 100
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Grading Pattern:
90+: O / 80+: A+ / 70+: A / 60+: B+ / 50+: B / 45+: C+ / 40+: C / 35+: D+ / 30+: D / Below 30: F
Created By: Bijoy Kar on 04/03/2017 at 06:31 PM
Category: Course Outlines-HRM-II Doctype: Document

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