Changes

= Dharma of Employement =

= Dharma of Employment TITLE =

== Introduction ==

== Introduction ==

Dharma regulates the conduct of all individuals in every sphere

Dharma regulates the conduct of all individuals in every sphere

of human activity. One aspect is the rules to be observed both by employers and

of human activity. One aspect is the rules to be observed both by employers and

the employees. These were part of Rajadharma (Constitutional Law) and Vyavaharadharma (The Law on

the employees. These were part of [[Rajadharma]] (Constitutional Law) and [[Vyavaharadharma]] (The Law on

various other topics) and applied to both government and private employment.

various other topics) and applied to both government and private employment.

There were eighteen major topics of law which were in force at the earliest

There were eighteen major topics of law which were in force at the earliest

relationship between employers and employees.

relationship between employers and employees.

1.  

1.  '''The right to

The right to

perform their duty''': Employers were required to discharge their obligations

perform their duty: Employers were required to discharge their obligations

towards their employees and the employees were required to discharge their duty

towards their employees and the employees were required to discharge their duty

towards the employers. This Dharmic ideal endeavoured to establish a duty-based

towards the employers. This Dharmic ideal endeavoured to establish a duty-based

2.  

2.  

Another

'''Another

distinctive feature was the rejection of the principle of "the greatest

distinctive feature was the rejection of the principle of "the greatest

good of the greatest number", according to which, in order to secure the

good of the greatest number"''', according to which, in order to secure the

good of a large number of persons, injustice could be caused to a small number

good of a large number of persons, injustice could be caused to a small number

of persons. The ideal laid down was that everyone should be happy (Sarve Janah

of persons. The ideal laid down was, <blockquote>Sarve Janah

Sukhino Bhavantu). The rules of Dharma prescribed that the conduct of employers

Sukhino Bhavantu</blockquote><blockquote>''Everyone should be happy'' </blockquote>The rules of Dharma prescribed that the conduct of employers

should be such as would secure justice and happiness to the employees and the

should be such as would secure justice and happiness to the employees and the

conduct of the employees should be such as would not cause any hardship or

conduct of the employees should be such as would not cause any hardship or

injustice to the employers. Thus, the principle of class co-operation was

injustice to the employers. Thus, the principle of class co-operation was

adopted in preference to class conflict.  

adopted in preference to class conflict.All these rules which regulated the conduct of employers and

 

All these rules which regulated the conduct of employers and

employees flowed from the basic rules of "Dharma", the observance of

employees flowed from the basic rules of "Dharma", the observance of

which was regarded as essential for the sustenance and welfare of the

which was regarded as essential for the sustenance and welfare of the

individual and the society. Basic rules of Dharma were declared in various works

individual and the society. Basic rules of Dharma were declared in various works

on Dharma Sastra and Smritis.  

on Dharma Sastra and Smritis.

Nine basic aspects of Dharma

== Nine basic aspects of Dharma ==

 

The Shanti Parva (60- 7 -8) in Mahabharatha has indicated

The Shanti Parva (60- 7 -8) in Mahabharatha which has indicated

nine basic aspects of Dharma. <blockquote>'''vØks/k% lR;opua lafoHkkx% {kek rFkkA iztu% Los"kq'''

nine basic aspects of Dharma

nkjs"kq 'kkSpenzksg ,o pAA vktZoa Hk`R;Hkj.ka uoSrs lkoZof.kZdk%A</blockquote>'''1.  

 

'''vØks/k% lR;opua lafoHkkx% {kek rFkkA iztu% Los"kq

nkjs"kq 'kkSpenzksg ,o pAA vktZoa Hk`R;Hkj.ka uoSrs lkoZof.kZdk%A'''

 

1.  

Akrodaha- "Being

Akrodaha- "Being

free from anger”,

free from anger”,'''

2.  

'''2.  

Samvibhagas”sharing

Samvibhagas”sharing

one's wealth with others,  

one's wealth with others,'''

3.  

'''3.  

forgiveness, (Kshama)  

forgiveness, (Kshama)'''

4.  

'''4.  

truthfulness,  

truthfulness,'''

5.  

'''5.  

procreation of

procreation of

children from ones wife alone,  

children from ones wife alone,'''

6.  

'''6.  

shoucham- purity

shoucham- purity

(in mind, though and deed),

(in mind, though and deed),'''

7.  

'''7.  

 not betraying the trust or confidence reposed,

 not betraying the trust or confidence reposed,'''

8.  

'''8.  

(Adrohaha- absence

(Adrohaha- absence

of enmity,  

of enmity,'''

9.  

'''9.  

maintaining the

maintaining the

persons dependent on oneself.  

persons dependent on oneself'''.  

These nine rules of Dharma to be followed by persons belonging to

These nine rules of Dharma to be followed by persons belonging to

all sections of society". Of these five are relevant in the context of the

all sections of society". Of these five are relevant in the context of the

employer-employee relationship. They are: Sa

employer-employee relationship. They are Samvibhaga, Akrodhaha, Kshama, Shoucham and Adroha.·        

== Samvibhaga ==

 

 

 

 

 

 

 

 

 

== SAMVIBHAGAHA: ==

The principle of" Samvibhagaha", requires that the employers must share the profit arising out of running any industry or business with the employees. It means that as an employer runs his business, trade or industry only with the help of the employees, they should be given a reasonable share in the profit earned. If the principle of 'Samvibhagaha' remains uppermost in the mind of the employers and in the light of this principle they regulate their own life style and appropriate only a reasonable portion of the profit for themselves and distribute the profit among the employees, the relationship between the two would be cordial, and it would also promote a sense of gratitude among the employees towards the employers, which in turn increases the output of work both in quality and quantity. It is a matter of common knowledge that only when the employees see that the employers are indulging in extravagant and wasteful expenditure, while denying a reasonable share of profit to the employees, the industrial unrest begins. Even today, we see that in certain industries or business or trade, where employers look after their employees as their own children with love and affection and give a reasonable share in the profit to them, not only is the relationship between the two cordial but also the efficiency of the workers increases and they work as missionaries and not as mercenaries. Therefore, the principle of Samvibhaga constituted the fundamental Dharma to be observed by the employers towards their employees.

The principle of" Samvibhagaha", requires that the employers must share the profit arising out of running any industry or business with the employees. It means that as an employer runs his business, trade or industry only with the help of the employees, they should be given a reasonable share in the profit earned. If the principle of 'Samvibhagaha' remains uppermost in the mind of the employers and in the light of this principle they regulate their own life style and appropriate only a reasonable portion of the profit for themselves and distribute the profit among the employees, the relationship between the two would be cordial, and it would also promote a sense of gratitude among the employees towards the employers, which in turn increases the output of work both in quality and quantity. It is a matter of common knowledge that only when the employees see that the employers are indulging in extravagant and wasteful expenditure, while denying a reasonable share of profit to the employees, the industrial unrest begins. Even today, we see that in certain industries or business or trade, where employers look after their employees as their own children with love and affection and give a reasonable share in the profit to them, not only is the relationship between the two cordial but also the efficiency of the workers increases and they work as missionaries and not as mercenaries. Therefore, the principle of Samvibhaga constituted the fundamental Dharma to be observed by the employers towards their employees.

== AKRODHAHA: ==

== Akrodhaha ==

means to be free from anger. On many occasions on account of anger, human beings commit atrocities on others, which might result in irreparable loss and injury, causing misery not only to the victims but also to the perpetrator of wrong acts. This

means to be free from anger. On many occasions on account of anger, human beings commit atrocities on others, which might result in irreparable loss and injury, causing misery not only to the victims but also to the perpetrator of wrong acts. This

general rule also regulated the relationship of employers and employees. There are many instances in which anger exhibited frequently without justification and disproportionate to the situation by the employers against the employees strain their relationship. The employees feel humiliated and as a result they are unwilling to do their work with devotion. This is also one of the causes of industrial unrest. This principle of Akrodhaha warns employers against uncontrolled anger and therefore requires that even when an employee commits mistake, the employer's anger should not cross reasonable limits. This guideline equally applies to employees.

general rule also regulated the relationship of employers and employees. There are many instances in which anger exhibited frequently without justification and disproportionate to the situation by the employers against the employees strain their relationship. The employees feel humiliated and as a result they are unwilling to do their work with devotion. This is also one of the causes of industrial unrest. This principle of Akrodhaha warns employers against uncontrolled anger and therefore requires that even when an employee commits mistake, the employer's anger should not cross reasonable limits. This guideline equally applies to employees.

== KSHAMA: ==

== Kshama ==

Forgiveness:

Forgiveness:

is also important. Being human, employees are bound to err, or even be guilty of misconduct. It is essential for the employer to excuse the employees for bonafide errors or mistakes and to impose only just punishment, when they have acted unjustly. The quantum of penalty must be in proportion to the gravity of the misconduct and should not be harsh. It is only in cases in which the misconduct is grave that the maximum or highest penalty is justified; only then should such penalty be imposed.

is also important. Being human, employees are bound to err, or even be guilty of misconduct. It is essential for the employer to excuse the employees for bonafide errors or mistakes and to impose only just punishment, when they have acted unjustly. The quantum of penalty must be in proportion to the gravity of the misconduct and should not be harsh. It is only in cases in which the misconduct is grave that the maximum or highest penalty is justified; only then should such penalty be imposed.

== SHOUCHAM: ==

== Shoucham ==

Transperancy -This means whether a person is an employer/manager or employee, he should be honest and straight-forward. It is also called "'''trikarana shuddhi'''", namely: cleanliness in thought, word arid deed. This principle is also of considerable importance because thinking one thing, speaking differently and doing something else, by anyone destroys the confidence in him and affects his reliability. Therefore, such a conduct was tabooed. It is indisputable that the following of this rule of Dharma both by the employers and the employees is most conducive to the smooth running of any department of Government, trade, business or industry and for cordial relationship between employers and employees.

Transperancy -This means whether a person is an employer/manager or employee, he should be honest and straight-forward. It is also called "'''trikarana shuddhi'''", namely: cleanliness in thought, word arid deed. This principle is also of considerable importance because thinking one thing, speaking differently and doing something else, by anyone destroys the confidence in him and affects his reliability. Therefore, such a conduct was tabooed. It is indisputable that the following of this rule of Dharma both by the employers and the employees is most conducive to the smooth running of any department of Government, trade, business or industry and for cordial relationship between employers and employees.

== ADROHA : ==

== Adroha ==

Not betraying the confidence or trust reposed in on self. This principle required that an employee should not betray the confidence or trust reposed in him by the employer. He should not indulge in theft, cheating or misappropriation, or go slow in working etc., and thereby cause loss or injury to the employer.

Not betraying the confidence or trust reposed in on self. This principle required that an employee should not betray the confidence or trust reposed in him by the employer. He should not indulge in theft, cheating or misappropriation, or go slow in working etc., and thereby cause loss or injury to the employer.

The above can be called five fundamental codes of conduct ('''Pancha Sheela''') the observance of which will do good both to the employers and to the employees and secure the happiness and the welfare of both.

The above can be called five fundamental codes of conduct ('''Pancha Sheela''') the observance of which will do good both to the employers and to the employees and secure the happiness and the welfare of both.

Based on the above basic rules of Dharma, there are certain verses in Sukraniti which are advisory in character which stress the importance of the payment of proper wages, courteous treatment of the employees, on the part of the management/master and honest and sincere service by the employees. They are:

Based on the above basic rules of Dharma, there are certain verses in Sukraniti which are advisory in character which stress the importance of the payment of proper wages, courteous treatment of the employees, on the part of the management/master and honest and sincere service by the employees. They are:<blockquote>'''(Sukraniti-Il 807-808)'''</blockquote><blockquote>'''<nowiki>;</nowiki>s Hk`R;k ghuHk`frdk% 'k=oLrs Lo;a Ñrk%A ijL; lk/kdkLrs rq fNnzdks'kiztkgjk%AA'''</blockquote>Because of the payment of very low wages, employees of the king are likely to become his enemies and they are also likely to become plunderers of treasuries and cause hardship to the general public.

 

'''(Sukraniti-Il 807-808)'''

 

'''<nowiki>;</nowiki>s Hk`R;k ghuHk`frdk% 'k=oLrs Lo;a Ñrk%A ijL; lk/kdkLrs rq fNnzdks'kiztkgjk%AA'''

 

Because of the payment of very low wages, employees of the king are likely to become his enemies and they are also likely to become plunderers of treasuries and cause hardship to the general public.

'''(Sukraniti-Il, 836-839)'''

'''(Sukraniti-Il, 836-839)'''

importance given to the dignity of individual but also inconformity with the philosophical foundation of the land that all should be happy "'''Sarve Janaha Sukhino Bhavantu'''". Further, the directive to treat everyone as one's ownself ('''Atmavat Sarvabhutanam''') goes to show that the ancient Bharatiya thinkers were fully alive to the necessity of a cordial relationship between the employers and employees, as that alone could ensure proper running of any trade, business or industry which in turn was in the interest would adversely affect the industries, trade or business.

importance given to the dignity of individual but also inconformity with the philosophical foundation of the land that all should be happy "'''Sarve Janaha Sukhino Bhavantu'''". Further, the directive to treat everyone as one's ownself ('''Atmavat Sarvabhutanam''') goes to show that the ancient Bharatiya thinkers were fully alive to the necessity of a cordial relationship between the employers and employees, as that alone could ensure proper running of any trade, business or industry which in turn was in the interest would adversely affect the industries, trade or business.

Thus, the mandate, has been that it is the duty of every employer and employee to obey the directives which incorporate the Dharma of employers and employees, which in turn would, ensure harmony between them and give no scope for class conflict and resulting industrial unrest.

Thus, the mandate, has been that it is the duty of every employer and employee to obey the directives which incorporate the Dharma of employers and employees, which in turn would, ensure harmony between them and give no scope for class conflict and resulting industrial unrest.

The sense of gratitude which had been regarded as one of the basic rule of "Dharma", was applicable with greater force to the employers and employees. This meant that an employee should have to be grateful to the employer who provided him an employment, with the aid of which the employee not only learnt the job from the employer and acquired expertise, but also earned income. Similarly, an employer was required to have a sense of gratitude towards his employees, who toiled for him. Thus mutual co-operation with a sense of gratitude towards each other was made part of "Dharma" which is of eternal value for the success of any business, trade, industry or undertaking. In the absence of such attitude, both become utterly selfish. The employer would attempt to exploit the employees and the employees instead of being industrious, think of only demanding more wages and perquisities without any concern for the interest of the employer or the trade, business or industry in which they are employed. Nowadays, it is a matter of common knowledge that in many cases the cause for industrial unrest or dispute is attempt by the employers to exploit workmen taking undue advantage of their helplessness. Similarly, there are also cases in which employees, after securing employment under an employer, and also acquiring experience and/or special training at his cost, either make unjust demands or desert the employer, the moment some other employer offers a little more salary as he is going to get a trained employee. Both such acts are instances of ingratitude and therefore contrary to Dharma.

The sense of gratitude which had been regarded as one of the basic rule of "Dharma", was applicable with greater force to the employers and employees. This meant that an employee should have to be grateful to the employer who provided him an employment, with the aid of which the employee not only learnt the job from the employer and acquired expertise, but also earned income. Similarly, an employer was required to have a sense of gratitude towards his employees, who toiled for him. Thus mutual co-operation with a sense of gratitude towards each other was made part of "Dharma" which is of eternal value for the success of any business, trade, industry or undertaking. In the absence of such attitude, both become utterly selfish. The employer would attempt to exploit the employees and the employees instead of being industrious, think of only demanding more wages and prerequisite without any concern for the interest of the employer or the trade, business or industry in which they are employed. Nowadays, it is a matter of common knowledge that in many cases the cause for industrial unrest or dispute is attempt by the employers to exploit workmen taking undue advantage of their helplessness. Similarly, there are also cases in which employees, after securing employment under an employer, and also acquiring experience and/or special training at his cost, either make unjust demands or desert the employer, the moment some other employer offers a little more salary as he is going to get a trained employee. Both such acts are instances of ingratitude and therefore contrary to Dharma.

== An exemplary Role:- ==

== Dharma for domestic servants ==

There has been a provision concerning domestic servants, which indicates that employer should ensure humane treatment to the employees.

There has been a provision concerning domestic servants, which indicates that employer should ensure humane treatment to the employees.