Changes

{{One source}}

{{One source}}

== परिचयः ॥ Introduction ==

 

Dharma regulates the conduct of all individuals in every sphere of human activity. One such aspect is the rules to be observed by both employers and the employees. These were a part of Raja dharma (Constitutional Law) and Vyavahara dharma (Law on various other topics) and applied to both government and private employment. There were almost eighteen major topics of law which were in force at the earliest point of time. Two of them laid down the Dharma of Employers and Employees. Namely,   

 

== परिचयः ॥ Introduction<ref name=":1">Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref> ==

[[Dharma (धर्मः)|Dharma]] regulates the conduct of all individuals in every sphere of human activity. One such aspect is the rules to be observed by both employers and the employees. These were a part of [[Raja Dharma (राजधर्मः)|Raja dharma]] (Constitutional Law) and Vyavahara dharma (Law on various other topics) and applied to both government and private employment. There were almost eighteen major topics of law which were in force at the earliest point of time. Two of them laid down the Dharma of Employers and Employees. Namely,   

* Swamipala Vivada ie. disputes between master and servant  

* Swamipala Vivada ie. disputes between master and servant  

* Vetana dana ie. payment of wages   

* Vetana dana ie. payment of wages   

=== कर्तव्याधिकारः ॥ Right to perform one's duty ===

=== कर्तव्याधिकारः ॥ Right to perform one's duty ===

Both, the employer and the employee were given the right to perform their duty. Wherein, the employers were required to discharge their obligations towards their employees and the employees were required to discharge their duty towards the employers. This Dharmic ideal endeavoured to establish a duty-based society. Its postulate was not only the duty of the individual towards the society but also the duty of the society towards the individuals through political, commercial and other organisations. The ancient thinkers of Bharata had clearly identified the mark of distinction in the approach to life in this land of Bharat and have recorded it in Vishnu Purana.   

Both, the employer and the employee were given the right to perform their duty. Wherein, the employers were required to discharge their obligations towards their employees and the employees were required to discharge their duty towards the employers. This Dharmic ideal endeavoured to establish a duty-based society. Its postulate was not only the duty of the individual towards the society but also the duty of the society towards the individuals through political, commercial and other organisations. The ancient thinkers of [[Bharatavarsha (भरतवर्षम्)|Bharata]] had clearly identified the mark of distinction in the approach to life in this land of Bharata and have recorded it in Vishnu Purana.   

The stress was on the duty of an individual towards others (selflessness) and not on the right to fulfill selfish desires. This is also evident from the time-honoured statement in the Bhagavad Gita which declared, <blockquote>कर्मण्येवाधिकारस्ते |<ref>Bhagavad Gita, [https://sa.wikisource.org/wiki/%E0%A4%AD%E0%A4%97%E0%A4%B5%E0%A4%A6%E0%A5%8D%E0%A4%97%E0%A5%80%E0%A4%A4%E0%A4%BE/%E0%A4%B8%E0%A4%BE%E0%A4%99%E0%A5%8D%E0%A4%96%E0%A5%8D%E0%A4%AF%E0%A4%AF%E0%A5%8B%E0%A4%97%E0%A4%83 Adhyaya 2].</ref> ''karmaṇyevādhikāraste |'' </blockquote>Meaning: Your right is to perform your duty.

The stress was on the duty of an individual towards others (selflessness) and not on the right to fulfill selfish desires. This is also evident from the time-honoured statement in the [[Bhagavad Gita (भगवद्गीता)|Bhagavad Gita]] which declared<ref name=":1" />, <blockquote>कर्मण्येवाधिकारस्ते |<ref>Bhagavad Gita, [https://sa.wikisource.org/wiki/%E0%A4%AD%E0%A4%97%E0%A4%B5%E0%A4%A6%E0%A5%8D%E0%A4%97%E0%A5%80%E0%A4%A4%E0%A4%BE/%E0%A4%B8%E0%A4%BE%E0%A4%99%E0%A5%8D%E0%A4%96%E0%A5%8D%E0%A4%AF%E0%A4%AF%E0%A5%8B%E0%A4%97%E0%A4%83 Adhyaya 2].</ref> ''karmaṇyevādhikāraste |'' </blockquote>Meaning: Your right is to perform your duty.

Every individual was asked to be Dharma-abiding and discharge one's duty towards the society so that all would live happily. The duty of the State as laid down in Raja dharma was to ensure that everyone conforms to Dharma.

Every individual was asked to be Dharma-abiding and discharge one's duty towards the society so that all would live happily. The duty of the State as laid down in Raja dharma was to ensure that everyone conforms to Dharma.

Another distinctive feature of the basic philosophy governing the relationship between the employer and the employee was rejection of the principle of "the greatest good of the greatest number". According to this principle, to secure the good of a large number of people, injustice could be caused to a small number of people. As against that, the ideal laid down in the Bharatiya Parampara was that of, <blockquote>सर्वे जनाः सुखिनो भवन्तु | ''sarve janāḥ sukhino bhavantu |''</blockquote>Meaning: Everyone should be happy.

Another distinctive feature of the basic philosophy governing the relationship between the employer and the employee was rejection of the principle of "the greatest good of the greatest number". According to this principle, to secure the good of a large number of people, injustice could be caused to a small number of people. As against that, the ideal laid down in the Bharatiya Parampara was that of, <blockquote>सर्वे जनाः सुखिनो भवन्तु | ''sarve janāḥ sukhino bhavantu |''</blockquote>Meaning: Everyone should be happy.

The rules of Dharma prescribed that the conduct of employers 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 injustice to the employers. Thus, the principle of class co-operation was adopted in preference to class conflict.   

The rules of Dharma prescribed that the conduct of employers 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 injustice to the employers. Thus, the principle of class co-operation was adopted in preference to class conflict.<ref name=":1" />  

== धर्माधारितः व्यवसायः ॥ Dharma Based Employment ==

== धर्माधारितः व्यवसायः ॥ Dharma Based Employment ==

The rules that regulated the conduct of employers and employees flowed from the basic rules of Dharma, the observance of which was regarded as essential for the sustenance and welfare of the individual and the society. These basic rules of Dharma were declared in various works on Dharma Shastra and Smrtis. The Shanti Parva in the Mahabharata has indicated nine basic aspects of Dharma. It says, <blockquote>अक्रोधः सत्यवचनं संविभागः क्षमा तथा । प्रजनं स्वेषु दारेषु शौचमद्रोह एव च || आर्जवं भृत्यभरणं त एते सार्ववर्णिकाः।<ref>Mahabharata, Shanti Parva, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%B9%E0%A4%BE%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%E0%A4%AE%E0%A5%8D-12-%E0%A4%B6%E0%A4%BE%E0%A4%82%E0%A4%A4%E0%A4%BF%E0%A4%AA%E0%A4%B0%E0%A5%8D%E0%A4%B5-059 Adhyaya 59].</ref></blockquote><blockquote>''akrodhaḥ satyavacanaṁ saṁvibhāgaḥ kṣamā tathā। prajanaṁ sveṣu dāreṣu śaucamadroha eva ca || ārjavaṁ bhr̥tyabharaṇaṁ ta ete sārvavarṇikāḥ।''</blockquote>Meaning: The nine rules of Dharma to be followed by persons belonging to all sections of society are

The rules that regulated the conduct of employers and employees flowed from the basic rules of Dharma, the observance of which was regarded as essential for the sustenance and welfare of the individual and the society. These basic rules of Dharma were declared in various works on [[Dharma Shastras (धर्मशास्त्राणि)|Dharma Shastra]] and [[Smrti (स्मृतिः)|Smrtis]]. The Shanti Parva in the Mahabharata has indicated nine basic aspects of Dharma. It says<ref name=":1" />, <blockquote>अक्रोधः सत्यवचनं संविभागः क्षमा तथा । प्रजनं स्वेषु दारेषु शौचमद्रोह एव च || आर्जवं भृत्यभरणं त एते सार्ववर्णिकाः।<ref>Mahabharata, Shanti Parva, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%B9%E0%A4%BE%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%E0%A4%AE%E0%A5%8D-12-%E0%A4%B6%E0%A4%BE%E0%A4%82%E0%A4%A4%E0%A4%BF%E0%A4%AA%E0%A4%B0%E0%A5%8D%E0%A4%B5-059 Adhyaya 59].</ref></blockquote><blockquote>''akrodhaḥ satyavacanaṁ saṁvibhāgaḥ kṣamā tathā। prajanaṁ sveṣu dāreṣu śaucamadroha eva ca || ārjavaṁ bhr̥tyabharaṇaṁ ta ete sārvavarṇikāḥ।''</blockquote>Meaning: The nine rules of Dharma to be followed by persons belonging to all sections of society are

# अक्रोध: | ''akrodhaḥ'' - Being free from anger

# अक्रोध: | ''akrodhaḥ'' - Being free from anger

# सत्यवचनम् | ''satyavacanam -'' Truthfulness

# सत्यवचनम् | ''satyavacanam -'' Truthfulness

=== अद्रोहः ॥ Adroha ===

=== अद्रोहः ॥ Adroha ===

Another important principle that also somewhere emanates from the quality of Shaucha (transperancy) is Adroha. It refers to 'Not betraying the confidence or trust reposed in oneself'. In other words, it lays down that an employee should not betray the confidence or trust reposed in him by the employer. It restrains one from indulging in theft, cheating, misappropriation, or simply going slow in working etc., that lead to loss or injury for the employer.

Another important principle that also somewhere emanates from the quality of Shaucha (transperancy) is Adroha. It refers to 'Not betraying the confidence or trust reposed in oneself'. In other words, it lays down that an employee should not betray the confidence or trust reposed in him by the employer. It restrains one from indulging in theft, cheating, misappropriation, or simply going slow in working etc., that lead to loss or injury for the employer.<ref name=":1" />

== शुक्रनीत्यां व्यवसायधर्मः ॥ Vyavasaya Dharma in Shukraniti ==

== शुक्रनीत्यां व्यवसायधर्मः ॥ Vyavasaya Dharma in Shukraniti ==

Based on the above basic rules of Dharma, there are certain verses in Shukraniti which stress the importance of matters like payment of proper wages, courteous treatment of the employees by the management/employer as well as honest and sincere service by the employees. It says,

Based on the above basic rules of Dharma, there are certain verses in Shukraniti which stress the importance of matters like payment of proper wages, courteous treatment of the employees by the management/employer as well as honest and sincere service by the employees. It says,

* Very low wages may lead to the employees (of the Ruler) to become his enemies and thereby result in the employees becoming plunderers of treasuries causing hardship even to the general public.

* Very low wages may lead to the employees (of the Ruler) to become his enemies and thereby result in the employees becoming plunderers of treasuries causing hardship even to the general public.<ref name=":1" />

<blockquote>ये भृत्या हीनभृतिका: शत्रवस्ते स्वयं कृता: | परस्य साधकास्ते तु छिद्रकोशप्रजाहरा: ||2.400||<ref name=":0">Jivananda Vidyasagar Bhatt (1860), [https://docs.google.com/viewer?a=v&pid=sites&srcid=dmVkaWNncmFudGgub3JnfHd3d3xneDo3NzYxMGU1Mzc5MmQwN2Rm Shukranitisara], Kolkata.</ref> </blockquote><blockquote>''ye bhr̥tyā hīnabhr̥tikā: śatravaste svayaṁ kr̥tā: | parasya sādhakāste tu chidrakośaprajāharā: ||2.400||''</blockquote>

<blockquote>ये भृत्या हीनभृतिका: शत्रवस्ते स्वयं कृता: | परस्य साधकास्ते तु छिद्रकोशप्रजाहरा: ||2.400||<ref name=":0">Jivananda Vidyasagar Bhatt (1860), [https://docs.google.com/viewer?a=v&pid=sites&srcid=dmVkaWNncmFudGgub3JnfHd3d3xneDo3NzYxMGU1Mzc5MmQwN2Rm Shukranitisara], Kolkata.</ref> </blockquote><blockquote>''ye bhr̥tyā hīnabhr̥tikā: śatravaste svayaṁ kr̥tā: | parasya sādhakāste tu chidrakośaprajāharā: ||2.400||''</blockquote>

* Low wages, harsh treatment, insults, abuses and imposition of heavy fines or severe punishments are the causes of unrest among the employees. It is with payment of adequate wages, honourable promotion, gentle words of cheer and consolation in grief that the employees never let down or desert their ruler/employer.

* Low wages, harsh treatment, insults, abuses and imposition of heavy fines or severe punishments are the causes of unrest among the employees. It is with payment of adequate wages, honourable promotion, gentle words of cheer and consolation in grief that the employees never let down or desert their ruler/employer.<ref name=":1" />

<blockquote>वाक्पारुष्यान्नयूनभृत्या स्वामी प्रबलदण्डत: | भृत्यं प्रशिक्षयेन्नित्यं शत्रुत्वं त्वपमानत: ||2.415|| </blockquote><blockquote>भृतिदानेन सन्तुष्टा मानेन परिवर्धिता: | सान्त्विता मृदुवाचा ये न त्यजन्त्यधिपं हि ते ||2.416||<ref name=":0" /></blockquote><blockquote>''vākpāruṣyānnayūnabhr̥tyā svāmī prabaladaṇḍata: | bhr̥tyaṁ praśikṣayennityaṁ śatrutvaṁ tvapamānata: ||2.415||''</blockquote><blockquote>''bhr̥tidānena santuṣṭā mānena parivardhitā: | sāntvitā mr̥duvācā ye na tyajantyadhipaṁ hi te ||2.416||''</blockquote>Describing an ideal employer and employee it is said,<blockquote>भृत्यस्स एव सुश्श्र्लोको मापत्तौ स्वामिनं स्यदेत् | स्वामी स एव विज्ञेयो भृत्यार्थे जीवितं त्यजेत् ||</blockquote><blockquote>''bhr̥tyassa eva suśśrloko māpattau svāminaṁ syadet | svāmī sa eva vijñeyo bhr̥tyārthe jīvitaṁ tyajet ||''</blockquote>Meaning : He is an excellent employee who does not desert the master in difficulties. He is known to be an ideal master who makes sacrifices in the interest of his employees.

<blockquote>वाक्पारुष्यान्नयूनभृत्या स्वामी प्रबलदण्डत: | भृत्यं प्रशिक्षयेन्नित्यं शत्रुत्वं त्वपमानत: ||2.415|| </blockquote><blockquote>भृतिदानेन सन्तुष्टा मानेन परिवर्धिता: | सान्त्विता मृदुवाचा ये न त्यजन्त्यधिपं हि ते ||2.416||<ref name=":0" /></blockquote><blockquote>''vākpāruṣyānnayūnabhr̥tyā svāmī prabaladaṇḍata: | bhr̥tyaṁ praśikṣayennityaṁ śatrutvaṁ tvapamānata: ||2.415||''</blockquote><blockquote>''bhr̥tidānena santuṣṭā mānena parivardhitā: | sāntvitā mr̥duvācā ye na tyajantyadhipaṁ hi te ||2.416||''</blockquote>Describing an ideal employer and employee it is said,<blockquote>भृत्यस्स एव सुश्श्र्लोको मापत्तौ स्वामिनं स्यदेत् | स्वामी स एव विज्ञेयो भृत्यार्थे जीवितं त्यजेत् ||</blockquote><blockquote>''bhr̥tyassa eva suśśrloko māpattau svāminaṁ syadet | svāmī sa eva vijñeyo bhr̥tyārthe jīvitaṁ tyajet ||''</blockquote>Meaning : He is an excellent employee who does not desert the master in difficulties. He is known to be an ideal master who makes sacrifices in the interest of his employees.

# The employer should not mete out harsh treatment to his employees or insult them; even if punishment is to be imposed, it should not be disproportionate to the gravity of the charges proved.

# The employer should not mete out harsh treatment to his employees or insult them; even if punishment is to be imposed, it should not be disproportionate to the gravity of the charges proved.

# There should be promotional opportunities and promotion should be given as and when it due.  

# There should be promotional opportunities and promotion should be given as and when it due.  

More importantly, it mentions that when employees are in grief, on account of bereavement, illness or for any other reason, it is the duty of the employer to console them and help them. Thus there is much of human touch that is so apparent in these rules.  

More importantly, it mentions that when employees are in grief, on account of bereavement, illness or for any other reason, it is the duty of the employer to console them and help them. Thus, there is much of human touch that is so apparent in these rules.  

To illustrate, when an employee is bereaved or suffering from illness, if the employer or some one on his behalf were to go to the house of the employee and offer condolences and also provide some special financial assistance, he is sure to develop respect and a sense of gratitude towards the employer. This humane conduct on the part of the employer strengthens their bonds of affection and makes the employee happy. And is far more valuable than anything else.  

To illustrate, when an employee is bereaved or suffering from illness, if the employer or some one on his behalf were to go to the house of the employee and offer condolences and also provide some special financial assistance, he is sure to develop respect and a sense of gratitude towards the employer. This humane conduct on the part of the employer strengthens their bonds of affection and makes the employee happy. And is far more valuable than anything else.

Shukraniti also throws considerable light on just and fair treatment required to be given to the employees. Two important verses regarding the same are enumerated below that emphasize on two important factors namely,  

Shukraniti also throws considerable light on just and fair treatment required to be given to the employees. Two important verses regarding the same are enumerated below that emphasize on two important factors namely,  

# Extra Annual Payment  

# Extra Annual Payment  

# Preference for the appointment of a deceased employee's son  

# Preference for the appointment of a deceased employee's son<ref name=":1" />

It says, <blockquote>अष्टमांशं परितोष्यं दद्याद्भृत्याय वत्सरे | कार्याष्टमांशं वा दद्यात् कार्यं द्रागधिकं कृतम् ||2.412||<ref name=":0" /></blockquote><blockquote>''aṣṭamāṁśaṁ paritoṣyaṁ dadyādbhr̥tyāya vatsare | kāryāṣṭamāṁśaṁ vā dadyāt kāryaṁ drāgadhikaṁ kr̥tam ||2.412||''</blockquote>Meaning : Every employee should be granted one eighth of his salary as a reward (bonus) annually. If an employee does his work efficiently, he should be granted an extra remuneration equal to one eighth of the piece rate earnings in recognition of his efficiency.

It says, <blockquote>अष्टमांशं परितोष्यं दद्याद्भृत्याय वत्सरे | कार्याष्टमांशं वा दद्यात् कार्यं द्रागधिकं कृतम् ||2.412||<ref name=":0" /></blockquote><blockquote>''aṣṭamāṁśaṁ paritoṣyaṁ dadyādbhr̥tyāya vatsare | kāryāṣṭamāṁśaṁ vā dadyāt kāryaṁ drāgadhikaṁ kr̥tam ||2.412||''</blockquote>Meaning : Every employee should be granted one eighth of his salary as a reward (bonus) annually. If an employee does his work efficiently, he should be granted an extra remuneration equal to one eighth of the piece rate earnings in recognition of his efficiency<ref name=":1" />.

Furthermore it says,<blockquote>स्वामिकार्ये विनष्टो यस्तत्पुत्रेतद् भृतिं वहेत् | यावत् बालोऽन्यथा पुत्रगुणान् दृष्टा भृतिं वहेत् ||2.413||<ref name=":0" /> </blockquote><blockquote>''svāmikārye vinaṣṭo yastatputretad bhr̥tiṁ vahet | yāvat bālo'nyathā putraguṇān dr̥ṣṭā bhr̥tiṁ vahet ||2.413||''</blockquote>Meaning : If any employee dies before retirement, his son becomes automatically entitled to get the employment of his deceased father. After becoming a major, his wages should be determined according to his qualifications.

Furthermore it says,<blockquote>स्वामिकार्ये विनष्टो यस्तत्पुत्रेतद् भृतिं वहेत् | यावत् बालोऽन्यथा पुत्रगुणान् दृष्टा भृतिं वहेत् ||2.413||<ref name=":0" /> </blockquote><blockquote>''svāmikārye vinaṣṭo yastatputretad bhr̥tiṁ vahet | yāvat bālo'nyathā putraguṇān dr̥ṣṭā bhr̥tiṁ vahet ||2.413||''</blockquote>Meaning : If any employee dies before retirement, his son becomes automatically entitled to get the employment of his deceased father. After becoming a major, his wages should be determined according to his qualifications.<ref name=":1" />

== भृत्यपोषणम् ॥ Feeding Domestic Helpers ==

== भृत्यपोषणम् ॥ Feeding Domestic Helpers<ref name=":1" /> ==

The Apastamba Smrti makes an important provision concerning domestic servants which indicates that an employer should ensure humane treatment to the employees. It says,<blockquote>ये नित्या भात्किकास्तेषामनुपरोधेन संविभागो विहित: | काममात्मानं भार्यां पुत्रं कोपरुन्ध्यान्न त्वेव दासकर्मकरम् || </blockquote><blockquote>''ye nityā bhātkikāsteṣāmanuparodhena saṁvibhāgo vihita: | kāmamātmānaṁ bhāryāṁ putraṁ koparundhyānna tveva dāsakarmakaram ||''</blockquote>Meaning : While distributing food to all the guests, if there is any shortage of food, the householder may reduce the share to himself, his wife and children, but by no means the food due to a domestic helper should be reduced.

The Apastamba Smrti makes an important provision concerning domestic servants which indicates that an employer should ensure humane treatment to the employees. It says,<blockquote>ये नित्या भात्किकास्तेषामनुपरोधेन संविभागो विहित: | काममात्मानं भार्यां पुत्रं कोपरुन्ध्यान्न त्वेव दासकर्मकरम् || </blockquote><blockquote>''ye nityā bhātkikāsteṣāmanuparodhena saṁvibhāgo vihita: | kāmamātmānaṁ bhāryāṁ putraṁ koparundhyānna tveva dāsakarmakaram ||''</blockquote>Meaning : While distributing food to all the [[Atithi Satkara (अतिथिसत्कारः)|guests]], if there is any shortage of food, the householder may reduce the share to himself, his wife and children, but by no means the food due to a domestic helper should be reduced.

The directive of the verse is that an employer should never make his domestic employee starve even if it meant shortage of food for himself. It exhibits the requirement of being kind to employees. It is also obvious that this directive was regarded as essential. Because, if there is shortage of food for the owner and/or his wife, they would certainly prepare food and satisfy their hunger. But the employee would be helpless. Therefore, the rule provided that food should be reserved for the employee, thereby recognising the human right for food.  

The directive of the verse is that an employer should never make his domestic employee starve even if it meant shortage of food for himself. It exhibits the requirement of being kind to employees. It is also obvious that this directive was regarded as essential. Because, if there is shortage of food for the owner and/or his wife, they would certainly prepare food and satisfy their hunger. But the employee would be helpless. Therefore, the rule provided that food should be reserved for the employee, thereby recognising the human right for food.  

This rule read with the others like payment of fair wages and courteous treatment are illustrative of the respect for human right. In fact, they constituted the basic principles for the guidance of employers in order to ensure just and fair treatment to the employees.

This rule read with the others like payment of fair wages and courteous treatment are illustrative of the respect for human right. In fact, they constituted the basic principles for the guidance of employers in order to ensure just and fair treatment to the employees.

== संहृतिः ॥ Synopsis ==

== संहृतिः ॥ Synopsis<ref name=":1" /> ==

Speaking of the Dharma of Employers and Employees, Justice M. Rama Jois in his book "Dharma - The Global Ethic" says,

Speaking of the Dharma of Employers and Employees, Justice M. Rama Jois in his book "Dharma - The Global Ethic" says,

== References ==

== References ==

<references />

<references />