Dharma of Employment (व्यवसायधर्मः)

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Dharma of Employment TITLE

परिचय || Introduction

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 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. There were eighteen major topics of law which were in force at the earliest point of time. Two of them "Swamipala Vivada" (disputes between master and servant) and "Vetanadana"(payment of wages) laid down the Dharma of Employers and Employees. This law was expanded further from time to time as and when the situation demanded. Sukraniti contains several provisions which prescribe the duties of the employers towards employees and vice-versa.

The two salient principles

The two core principles governed the basic philosophy in the relationship between employers and employees.

1.  The right to perform their duty: 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 and commercial and other organisations. The ancient thinkers of Bharat had clearly identified the mark of distinction in the approach to life in this land Bharat and have recorded it in Vishnupurana. 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 theBhagavadgeeta, which declared

"Your right is to perform your duty"([Karmanyevadhikaraste]). Every individual was asked to be Dharma-abiding and discharge his duty towards the society so that all would live happily. The duty of the State as laid down in "Rajadharma"was to ensure that everyone conforms to Dharma. The doctrine of Laissez-faire was never accepted in this land.

2.  Another 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 a large number of persons, injustice could be caused to a small number of persons. The ideal laid down was,

"sarve janah sukhino bhavantu"

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.All these rules which 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. Basic rules of Dharma were declared in various works on Dharma Sastra and Smritis.

Nine basic aspects of Dharma

The Shanti Parva (60- 7 -8) in Mahabharatha has indicated nine basic aspects of Dharma :

अक्रोध: सत्यवचनं संविभाग: क्षमा तथा |

प्रजन: स्वेषु दारेषु शौचमद्रोह एव च ||

आर्जवं भृत्यभरणं नवैते सार्ववर्णिका: |

1. Akrodaha - "Being free from anger,
2. Samvibhagassharing one's wealth with others,
3. Forgiveness, (Kshama)
4. Truthfulness,
5. Procreation of children from ones wife alone,
6. shoucham- purity (in mind, though and deed),
7. Not betraying the trust or confidence reposed,
8. (Adrohaha- absence of enmity,
9. Maintaining the persons dependent on oneself.

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

Samvibhaga

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 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

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.

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.

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. 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:

"ये भृत्या हीनभृतिका: शत्रवस्ते स्वयं कृता: |

परस्य साधकास्ते तु छिद्रकोशप्रजाहरा: || " (Sukraniti-Il 807-808)

Meaning : 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.

"वाक्पारुष्यान्नयूनभृंत्या स्वामी प्रबळदण्डत: |

भृत्यं प्रशिक्षयेन्नित्यं शत्रुत्वं त्वपमानत: ||

भृतिदानेन सन्तुष्टा मानेन परिवर्धिता: |

सान्विता मृदुवाचा ये न त्यजन्त्यधिपं हि ते || " (Sukraniti-Il, 836-839)

Meaning : Low wages, harsh treatment, insults, abuses and imposition of heavy fines or severe punishments are the causes of unrest among the employees. Satisfied with payment of adequate wages, promoted honourably, cheered up by gentle words and consoled in grief, the employees will never let down or desert their master.

"भृत्यस्स एव सुश्श्र्लोको मापत्तौ स्वामिनं स्यदेत् |

स्वामी स एव विज्ञेयो भृत्यार्थे जीवितं त्यजेत् || "

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.

These rules not only indicate that employees should serve the employer honestly and should not create problems for him but also give guidelines for the employers whether state or private, on how they should treat their employees.

They indicate that :

(i) Proper wages should be paid to the employees;

(ii) The employer should not mete out harsh treatment to his employees, should not insult them and even when punishment has to be imposed, it should not be disproportionate to the gravity of the charges proved.

(iii) That there should be promotional opportunities, and promotion should be given as and when it due, and more than all.

(iv) 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.

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. Not only that, such a humane conduct on the part of the employer makes the employee happy. Their bonds of affection get strengthened. This is far more valuable than the money retained for himself by the employers denying reasonable wages to the employees. The human touch is so apparent in these rules. There are two important verses in "Sukraniti" which also throw considerable light on the just and fair treatment required to be given to the employees.

They are:

1. Extra Annual Payment:

"अष्टमांशं परितोष्यं दद्याद्भृत्याय वत्सरे |

कार्याष्टमांशं वा दद्यातं कार्यं द्रागधिकं कृतम् || " (Sukraniti-II-830-831)

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. 2. Preference for the appointment of a deceased employee's son:

"स्वामीकार्ये विनष्टो यस्तत्पुत्रेतद् भृर्ति वहेत् |

यावद्वालोऽन्यथा पुत्रगुणान् दृष्टा भृतिं वहेत् || " (Sukraniti-II, 832-833)

Meaning : If any employee dies before retirement, his son becomes automatically entitled to get the employment of his deceased father. After attaining majority his wages should be determined according to his qualifications.

The various provisions on the topic of 'Dharma' regulating the relationship between master and servant and determining their respective duties and rights are remarkable for the humane and pragmatic approach made to the problems of the working class. The advisory passages set out in the opening part of this chapter enjoin the employees to be ;honest and sincere in their service and loyal to their masters. At the same time, they require the masters to pay proper wages, give promotions and other service benefits to the employees. In particular they ask the employers to treat the employees with respect and sympathy. These rules are not only indicative of the 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. 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.

Dharma for domestic servants

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

"ये नित्या भात्किकास्तेषामनुपरोधेन संविभागो विहित: |

काममात्मानं भार्यां पुत्रं कोपरुन्ध्यान्न त्वेव दासकर्मकरम् || "

Meaning : While distributing food to all the guests, if there is any shortage of food, the householder may stint (reduce the share to) himself, his wife and children, but by no means the food due to should be reduced. (Apastamba Smriti - Vide Dharma Kosha -P-816)

The directive of the verse is that an employer should never make his domestic employee to starve even if it meant shortage of food to himself. The verse exhibits the requirement of being kind to employees. It is obvious that this directive was regarded as essential, for the reason that 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 recognize the human right for food. This rule read with other rules which required payment of fair wages and courteous treatment, are illustrative of the respect for human right and constituted the basic principles, for the guidance of employers, in order to ensure just and fair treatment to the employees.

References

1. M. RAMA JOIS, DHARMA - The Global Ethic, Published by "Bharatiya Vidya Bhavan