Tuesday, January 28, 2014

Rights and Duties of Employer-Employee , A glimpse from the Sanskrit Niti shastras



 Indian culture asserts a deep underlying fundamental unity, which is profound in all types of relationship in the society. The bed rock of this unity is based on the achievement of good ( shreyas ) through mutual co-operation. It insists that every individual must be afforded the opportunity to manifest the best and unique in him.

Economically we are a co-operative concern where we give according to our capacity and take according to our needs. Duties and Rights are the two sides of the same coin. The economic prosperity depends on the cordial relationship between the Employer and the Employee. Sanskrit Niti Shastras throw valuable insights into this.

Qualities of a good employer

 The essential quality of a good master is the faculty to discern right from wrong. Other characteristics enumerated are courtesy, liberality and goodness especially when the labourer confesses a mistake.

On the otherhand, a bad employer lacking these qualities indulges in unreasonably overworking the employee in raising hopes not to be fulfilled and withholding wages in arrears.
Exploitation of labour is generally condemned. It is not right that the worker should go without recompense for his work. He should be rewarded with heart, voice and look.




Judged by these standards , employers have been classified into three groups- kind,severe and just.
A kind employer shows indulgence to his employees. He is severe who considers the virtues of his employees as faults and he is just who deals with them judiciously.

Qualities of an employee :-

The employee should do his work properly to his capacity and should not be jealous of other employees and take off the rights of others. He should not find faults in others, instead he should help them.
The basic quality expected of an employee is the utmost loyalty.
 It becomes the bounden duty of the employer to maintain the welfare of such an employee.

Keeping in mind the effiency and human nature, the employees have been classified into three kinds. Some are very slow, some are fast and some are medium. They should be assigned work and remuneration accordingly

Labour contract: wages
  The general rule in regard to wages is that the employee shall get the promised wages. Wages are to be paid for the work done, but not for work that is not done.
In case of non-payment of wages, the employer is expected to compensate by paying one tenth more to the employee or six panas ( currency of those days ) more.
For employee not doing the work after receiving the wages, the fine is twelve panas and detention till it is done.
In case, work is more done than agreed upon , he shall not make the effort vain. Wages are not to be withheld.
 Only a bad workman asks for wages in the course of the work and it is only a bad master that does not pay the labourers their wages for the work done.

  Working hours-
 For permanent employees, three hours during the day and nine hours during night are allowed for rest(for doing domestic work). For workers on daily wages, one and half hours rest during the day are allowed.
If the employee is ill for a week, his wages should not be curtailed. If ill for a long time, six months wages should be given to the employee. If the employee is on leave for a year, he may be allowed to have a substitute of his choice. The master should give the employee fifteen days a year respite from work.

Labour efficiency-

The efficiency of labour depends on a number of social and economic considerations. The workers have been divided into three classes- slow, ordinary and quick.Judged by another standard, the employees fall into three types- the best, of medium ability and the worst. The best care only for name. The second class desire both wealth and fame. The worst want only wealth.

The master should fix wages of his employees after weighing their comparative merits and qualifications scruplously. He should not assign responsibilities indiscriminately. When some one is found to be unworthy of the work entrusted to him, he should be replaced by a competent person from the apprentces who are qualified for the task.
As an officer becomes qualified for the higher and higher functions, he should be promoted in the ascending order. Shukraniti recommends the principle of rotation to prevent abuse and misuse of powers.

One of the tests of labour-efficiency mentioned is any special aptitude or skill that the employee may possess. The special attainments which gives a man his living and which are commended by others should be preserved and improved by the owner.
Another fact that accounts for labour efficiency is the workman's capacity for work, faithfulness, cheerfulness, thoroughness in work, uprightness and general contentment.
Experience also contributes to efficiency. The service of old and experienced workers should not be dispensed with unless it be for very grave faults.

The kind treatment accorded by the employers to the employees under them may go a long way to increase their efficiency.
Lastly, the efficiency of labour depends on the amount of the reward, the wages the workers get. The amount of wages was low, average or high according to the low or average or high quality of the employees' work in general. Wages were considered high if they adequately supplied food and clothing and allowed a comfortable living or ordinary or moderate if they supplied the indispensable food and clothing i.e necessaries for the employee and his dependents. Low wages maintained only one. Low wages are condemned. It is very interesting to note ' those who are paid low wages are enemies by nature. They become tools in the hands of others, they seek new opportunities and try to plunder other people.' They should be motivated to work hard and earn more.
The master should give prizes, bonus etc apart from wages.

The prosperity of the organization depended on the proper division of labour. Efficiency is the true criterion of division. A careful employer will put the right men in the right place for the success of the enterprise depends on whether workmen like ornaments are used properly.

The striking factor to be noted is the importance given to written documents in Shukraniti. The officer or employee is not to do anything without the master's written order, nor should the master command anything, great or small without written order as the written document is the best guide, for to err is human.Both the master who commands without writing and the officer who does anything without written order are thieves.

Labour union-

 The evils and problems arising between the employer and the employed were lessened in two ways- by active governmental legislation and by organization among the employees so as to safeguard their position and to stand in union against exploitation of them by the employers.

The power of these 'guilds ' were administrative and financial. The rights of appeal lay from these unions to the king's officers. Another restriction on the administrative function of these was that they were not allowed jurisdiction in certain cases like robbery and theft.
These guilds had deposits of money invested by the members to serve in times of distress. These unions had an able leader who could be relied upon and with whom these deposits may be entrusted.
These guilds acted like trade unions of modern times.

Insurance and pension=

      The deposits of the guilds served the workmen in times of distress. The general rule appears to have been that the employer was not authorised to cut off wages in times of calamity. The master should tend them in their sickness. The efficient workmen should in addition have 1/8 of their wages as bonus every year. An institution similar to a provident fund is also in evidence in Shukraniti. The employer is advised to keep with him as deposit 1/6 or 1/4 of the employee's wages and to pay 1/2 of that amount or the whole in two or three years. When the employee dies in service, his son should be offered the job with the same salary or according to his ( son's ) qualifications. At the time of retirement after forty years of service, the employee may have half his wages as pension for life and pension in some cases may be extended to the members of his family also.

Thus laying emphasis on the rapport and harmonious relations between the king and his employees, Shukra concludes that where the servants and the king both are in good order, there wealth is permanent, extensive and always in plenty.

Man is the same in all ages. Articles 23, 24 and 25 of the Universal Declaration of Human Rights proclaimed by the General assembly of United Nations on tenth December, 1940 echo the same principles such as the right to work under just favourable conditions, right to rest and leisure, including reasonable limltation of working hours and periodic holidays with pay, employee's right to form and join trade unions for the protection of his interests, right to a standard living adequate for the health and well being of himself and his family, including food. clothing, housing and medical care and the right to security in the event of unemployment, sickness, disability, old age and lack of other livelihood in circumstances beyond his control.

It is very delighting and refreshing to note that the rules quoted in the Sanskrit Niti Shastras like Kautilya's Arthashastra, Shukra's Shukraniti and Hitopadesha appear to be considerably in advance of the age in which they were laid down and show many traits of modern economic ideas on the problem of labour and capital.

No comments: