Models of Human Resource Management (Part I)

The Human Resource Management model contain all human resource activities. When these activities are discharged effectively, they will result in a competent and willing workforce who will help realize organizational goals. There is another variable in HR models - environment. It may be stated that the Human Resource function does not operate in vacuum. It is influenced by several internal and external forces like economic, technological, political, legal, organizational and professional conditions.

• They provide an analytical framework for studying HRM ( for example, situational factors, stakeholders, strategic choice levels, competence).
• They legitimize certain HRM practices; a key issue here being the distinctiveness of HRM practices: "It is not the presence of selection or training but a distinctive approach to selection or training that matters."
• They provide a characterization of HRM that establishes variables and relationship to be researched.
• They serve as a heuristic device -  something to help us discover and understand the world of explaining the nature and significance of key HR practices.

Following are major HRM Models:

1. Matching Model of Fombrun, Tichy & Devanna
2. The Harvard Model
3. The Guest Model
4. The Warwick Model
5. The Storay Model
6. Best Practice Model
7. Patterson's Model
8. Best Fit / Contingency Model

Matching Model of Fombrun, Tichy & Devanna:

This model held that HR system and the organizational structure should be managed in a way that is congruent with organizational strategy. Main focus was on the four functions of HRM i.e. selection, appraisal, development and rewards and their inter relatedness.

This is the first and very simple model that serves as a heuristic framework for explaining the nature and significance of the key HR activities. But it is incomplete as it focuses only on four functions and ignores all environmental and contingency factors that impact HR functions.

The Harvard Model:

The harvard model claims to be comprehensive in as much as it seeks to comprise six critical components of HRM. The dimensions included in the model are: stakeholders interests, situational factors, HRM policy choices, HR outcomes and long term consequences.

• The Stakeholders interests recognize the importance of 'trade offs' between the interests of the owner and those of employees. Trade offs also exists among other interest groups. But this is the challenge of HR manager, who needs to balance the interests of all stakeholders.
• The Situational Factors influence management's choice of HR strategy. the contingent factors included in the model include work force characteristics, management philosophy, labour market, task, technology and laws and social values.
• HRM Policy Choices emphasize the management's decisions and actions in terms of HRM can be fully appreciated only if it is recognised that they result from an interaction between constraints and choices. This model outlines four HR Policy areas:
• Employee Influence - delegated levels of authority, responsibility, power etc.
• HR Flows - recruitment, selection, promotion, appraisal, termination etc.
• Reward System - Pay system, motivation etc.
• Work System - design of work and alignment of people
• These HRM policy choices lead to 4 Cs of HR Policy Outcomes, that have to be achieved:
• Commitment
• Congruence
• Competence
• Cost Effectiveness
• Beer et al (1984)  proposed that long term Consequences  both benefits and costs of HR policies should be evaluated at three levels: Individual, Organizational and Societal. These in turn should be analyzed using the 4 Cs.
• The Feedback Loop is the sixth component of the Harvard Model. as was stated above, situational factors influence HRM policy and choices, and are influenced by long-term consequences. Similarly, stakeholders interests influence HRM policy choices, and in turn, are impacted by long-term consequences (see Figure)

Advantage of the Model (Boxall - 1992)

• Incorporates recognition of a range of stakeholders interests.
• Recognize the importance of 'trade offs' either explicitly or implicitly, between the interests of owners and those of employees as well as between various interests groups.
• Widen the context of HRM to include 'employee influence', the organization of work and the associated questions of supervisory style.
• Acknowledges a broad range of contextual influences on management's choice of strategy. suggesting a meshing of both product market and socio-cultural logic.
• Emphasizes strategic choice-it is not driven by situational or environmental determinism.

Offences under Factories Act 1948

Section 92 - GENERAL PENALTY FOR OFFENCES

Contravention of this act	imprisonment for 2 years of Fine upto 1 lakh or both
On continuation of contravention	Rs. 1000 per day, till the contravention is continued
Contravention of chapter IV Pertaining to safety or dangerous operation	not less than 25000 in case of death and not less than 5000 in case of serious injuries

Section 93 - LIABILITY OF OWNER OF PREMISES IN CERTAIN CIRCUMSTANCES

1.       Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services

2.       Where in any premises, independent or self-contained, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act

Section 94 - ENHANCED PENALTY AFTER PREVIOUS CONVICTION

Subsequent contravention of some provisions (Under sec. 92) – Imprisonment upto 3 years or fine Rs. 10000 – 2 Lakh or both

Section 95 - PENALTY FOR OBSTRUCTING INSPECTOR

Imprisonment upto 6 months or fine upto Rs. 10000 or both

Section 96 - PENALTY FOR WRONGFULLY DISCLOSING RESULTS OF ANALYSIS UNDER SECTION 91

Imprisonment upto 6 months or fine upto Rs. 10000 or both

Section 96A - PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF SECTIONS 41B, 41C AND 41H

·         Imprisonment for 7 years with find upto Rs. 2 Lakh

·         On continuation – Rs. 5000, till contravention continued

·         Imprisonment for 10 years if contravention continues for 1 year

Section 97 - OFFENCES BY WORKERS

For contravention of this act – fine of Rs. 500

Section 98 - PENALTY FOR USING FALSE CERTIFICATE OF FITNESS

Imprisonment for a term which may extend to 2 months or fine of Rs. 1000 or both

Section 99 - PENALTY FOR PERMITTING DOUBLE EMPLOYMENT OF CHILD

Fine of Rs. 1000

Section 107 – APPEALS

The manager of the factory may appeal witin the 30 days of the service of the order

Section 111 - OBLIGATIONS OF WORKERS

1.       Shall not wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers

2.       Shall not wilfully and without reasonable cause do anything likely to endanger himself or others;

3.       Shall not wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers

4.       In case of Contravention – imprisonment upto 3 months  or fine upto Rs. 100 or both

Section 111A - RIGHT OF WORKERS, ETC.

Every worker has right to –

        I.            Obtain from the occupier, information relating to workers' health and safety at work;

      II.            get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work

    III.            represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory

Various Schedules –

Schedule I	List of industries involving hazardous process
Schedule II	Permissible levels of certain chemical substances in work environment
Schedule III	List of Notifiable Diseases

Factories Act - Part II

Section 51 – WEEKLY HOURS

Maximum 48 hours a week for an Adult Worker

Section 51 – WEEKLY HOLIDAYS

1.       No adult worker is allowed to work on the first day (hereinafter referred as “said day” of the week, unless:

a.       He has or will have a whole day holiday – 3 days immediately before or after the said day

b.      The manager of the factory before the said day –

                                                               i.      delivered a notice at the office of the Inspector

                                                             ii.      displayed a notice to that effect in the factory

2.       Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.

Section 53 – COMPENSATORY HOLIDAY

a worker who is deprived of any of the weekly holidays for which provision is made in sub-section (1) of  section 52, shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.

Section 54 – DAILY HOURS

Maximum 9 Hours a day – Adult Worker

Section 55 – INTERVALS FOR REST

Rest of half an hour for each 5 hours work

The Chief Inspector, may, by written order, exempt any factory from the provision, so however that the total number of hours worked by a worker without an interval does not exceed six.

Section 56 – SPREADOVER

Shall not spreadover more than ten and a half hours in any day: Provided that the Chief Inspector may, for reasons to be specified in in writing, increase the spreadover up to twelve hours

Section 57 – NIGHT SHIFTS

Section 58 - PROHIBITION OF OVERLAPPING SHIFTS

1.       Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged, in work of the same kind at the same time.

2.       The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).

Section 59 – EXTRA WAGE FOR OVERTIME

Where a worker works in a factory more than 9 hours in a day or 48 hours in a week entitle for overtime - @ rate of twice his ordinary (Basic + D.A.) rate of wages.

Section 60 – RESTRICTION ON DOUBLE EMPLOYMENT

Not allowed to work in any factory an any day on which he has already been working in any other factory

Section 61 – NOTICE OF PERIODS OF WORK FOR ADULT

Section 62 – REGISTER OF ADULT WORK

1.       The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing

a.       The name of each adult worker in the factory;

b.      The nature of his work;

c.       The group, if any, in which he is included;

d.      Where his group works on shifts, the relay to which he is allotted; and

e.      Such other particulars as may be prescribed 

Section 66 – FURTHER RESTRICTION ON EMPLOYMENT OF WOMEN

1.       No woman is allowed to work except between the hours 6.00 AM – 7.00 PM

2.       No exemption in daily hours

3.       No change of shifts except after a weekly holiday

(Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories, vary the limits, but no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.)

Section 67 – PROHIBITION OF EMPLOYMENT OF YOUNG CHILDREN

Child below 14 Years is not allowed to work in a factory

Section 68 – NON-ADULT WORKER TO CARRY TOKENS

1.       Adolescent should carry a certificate of fitness

2.       He should carry the token at his work , which is given in reference to above said certificate

Section 69 – CERTIFICATES OF FITNESS

1.       Given by a Certifying Surgeon on the application of any young person or his parents or guardian accompanied by a document signed by the manager of a factory

2.       Shall be valid only for a period of twelve months from the date of issuance

Section 71 – WORKING HOURS FOR CHILDREN

No child is permitted to work in any factory for more than 4 and a half hour in a day or during the night (10.00 PM – 6.00 AM)

No female child is allowed to work in any factory except between 8.00 AM – 7.00 PM

The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days.

Section 79 – ANNUAL LEAVES WITH WAGES

Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year leave with wages for a no. of days calculated @ rate of –

1.       Adult – 1 day for every 20 days

2.       Child – 1 day for every 15 days

3.       Female – maternity leave, not exceeding 12 weeks

(The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.)

Section 80 – WAGES DURING LEAVE PERIOD

Entitled to wages @ equal to daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave

Factories Act 1948 - PART I

Objective: to consolidate and amend the law regulating labour in factories

Commencement: 1^st day of April, 1949

Various Definitions (Section -2):

Section 2(a) – Adult – who has completed 18 years of the age

Section 2(b) – Adolscent – Age between 15 – 18 years

Section 2 (bb) – Calender Year – period of 12 months

Section 2 (c) – Child – who has not completed 15 years

Section 2 (ca) – Competent Person – people or an institution recognized as such by Chief Inspector for the purpose of carrying out tests, examinations and inspection required to be done in a factory under the provision of this act

Section 2 (g) – Power - Electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency

Section 2(j) – Machinery – includes prime movers (any engine, motor or other appliance which generates / provides power) transmission machines and all other appliances where by power is generated, transformed, transmitted or applied.

Section 2(k) – Manufacturing Process – and process for:

                                            I.            making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal

                                          II.            pumping oil, water, sewage or any other substance; or

                                        III.            generating, transforming or transmitting power; or

                                        IV.            composing types for printing, printing by letter press, lithography,

                                          V.            photogravure or other similar process or book binding; or

                                        VI.            Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (Fact. (Amendment Act 1976) or

                                      VII.            preserving or storing any article in cold storage;

Section 2(l) – Worker – a person employed, directly or by or through agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in any other kind of work incidental to or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of armed force of the union.

Section 2 (m) – Factory – means any premises including the precincts there of –

        I.            Where 10 or more are working or were working on any day of preceding 12 months and in any part of which a manufacturing process is being carried on with the aid of power.

      II.            Where 20 or more are working or were working on any day of preceding 12 months and in any part of which a manufacturing process is being carried on without the aid of power.

But, does not include:

        I.            A mine subject to operation of the Mines Act 1952; or

      II.            A mobile unit belonging to the armed forces of the union

    III.            Railway running shed; or

    IV.            A hotel, restaurant or eating place.

Section 2(n) – Occupier – the person who has ultimate control over the affairs of the factory –

        I.            In case of FIRM – any one of the individual partners

      II.            In case of COMPANY – any of the directors

    III.            In case of FACTORY – owned / controlled by central or state government or any local authority, the person or persons appointed to manage the affairs of the factory.

Section 6 – APPROVAL, LINCENCING & REGISTRATION OF FACTORIES:

-          State government frame rules regarding approval, licensing and registration of a factory in order that compliance with the provisions relating to health, safety and welfare could be assured.

-          Prior approval by State Government or Chief Inspector of factory is necessary, for the site and construction of new factory and the extension of new ones.

-          Where a State Government refuse to grant permission to the site, construction or extension of a factory or to the registration and licensing, the applicant may within 30 days of the date of such refusal appeal to Central Government.

Section 7 – GENERAL DUTIES OF OCCUPIER

Section 8 – INSPECTOR:

-          State Government – by notification in the official Gazette

-          Also may appoint:

o   Chief Inspector

o   Additional Chief Inspector

o   Joint Chief Inspector

o   Deputy Chief Inspector

-          Every District Magistrate shall be an inspector for his district

Section 9 – POWER OF INSPECTOR:

-          May enters in the factory

-          Make examination of the premises, plant, machine, article or substance.

-          Inquire into any accident or dangerous occurrence

-          Ask for any register or document relating to the factory

-          Seize or take copies of any register, record or other document

-          Direct the Occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination

-          Take measurement and photographs and make such recordings

Section 10 – CERTIFYING SURGEONS

-          Appointed by State Government

Section 11 – Section 20 – HEALTH:

Section 11	Cleanliness
Section 12	Disposal of Wastes & Effluents
Section 13	Ventilation & Temperature
Section 14	Dust & Fumes
Section 15	Artificial Humidification
Section 16	Overcrowding
Section 17	Lighting
Section 18	Drinking Water
Section 19	Urinals
Section  20	Spittoons

Section 21 – 40A – SAFETY

Section 21	Fencing of Machinary
Section 22	Work on or near machinery in motion
Section23	Employment of young person on dangerous machines
Section24	Striking gears & devices for cutting off power
Section25	Self acting machines
Section26	Casing of new machinery
Section 27	Prohibition of employment of women and children near cotton openers
Section28	Hoists & Lifts
Section29	Lifting Machines, Chains, Ropes and Lifting Tackles
Section30	Revolving Machinery
Section31	Pressure Plant
Section32	Floors, stairs & means of access
Section 33	Pits, sumps, opening in floors
Section 34	Execessive Weights
Section 35	Protection of eyes
Section 36	Precaution against dangerous fumes
Section 36 A	Precautions regarding the use of portable electric lights
Section 37	Explosive or inflammable dust
Section 38	Precaution in case of fire
Section 39	Power to require specifications of defective parts or tests of stability
Section 40	Safety of building & Machinery
Section 40A	Maintenance of building

Section 40B – SAFETY OFFICERS

Every factory, where 1000 or more workers are employed; or

Where in the opinion of State Government, any manufacturing process or operation is carried on and the process involves risk or bodily injury in the factory, employer shall employee such no. of safety officer as may be specified.

Posted under the Chief Executive of the factory and would report only to him.

(Note:  Section 41 A – 41 H – included by Act 20 of 1987, sec. 20 (w.e.f. 1-12-1987).

Section 41A – CONSTITUTION OF SITE APPRAISAL COMMITTES

-          For the purpose of advising State Government in considering applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory

-          Consist of –

o   Chief Inspector  (Chairman of the Committee)

o   Representatives of

§  Central Board for Water Pollution

§  Central Board for Air Pollution

§  State Board for water

§  State board for air

§  Deptt. Of environment of state

§  Metrological deptt. of government of India

§  Town planning deptt. of state

§  Local authority

o   An expert in the field of occupational health

Section 41 B – COMPULSORY DISCLOURE OF INFORMATION BY THE OCCUPIER

Section 41C – SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO HAZARDOUS PROCESSESS

Section41D – POWER OF CENTRAL GOVERNMENT TO APPOINT INQUIRY COMMITTEE

Section41E – EMERGNECY STANDARDS

Section41F – PERMISSIBLE LIMITS OF EXPOSURE OF CHEMICAL & TOXIC SUBSTANCES

Section41G – WORKERS’ PARTICIPATION IN SAFETY MANAGEMENT

Section41H – RIGHTS OF WORKERS TO WARN ABOUT IMMINENT DANGER

Section42 – 50 – WELFARE

Section 42	Washing facilities
Section 43	Facility for storing and drying clothes
Section 44	Facility for sitting
Section 45	First aid appliances
Section 46	Canteens
Section 47	Shelters, rest rooms and lunch rooms
Section 48	Crèches
Section 49	Welfare officers
Section 50	Power to make rules to supplement this chapter

Section 49 – WELFARE OFFICER

-          500 or more workers

-          State Government may prescribe duties, qualification and conditions of services of officers