Grievance Redressal

Grievance Introduction

& Redressal

Mechanism

Course Instructor: Dr. Parikshit JoshiAsst. Professor

HR & IR

Introduction

DISSATISFACTION , COMPLAINT & GRIEVANCES

Dissatisfaction :Anything that disturbs an employee, whether or not the unrest is expressed in words.

Complaint : A spoken or written dissatisfaction brought to the attention of the supervisor or the Shop Steward ( In – Charge ).

Grievance : A complaint that has been formally presented to a Management Representative or to a Union Official

© Dr. Parikshit Joshi

Grievance Defined

A grievance as a complaint of one or more workers with respect to wages and allowances, conditions of work and interpretation of service, condition covering such areas as overtime, leave, transfer, promotion, seniority, job assignment and termination of service.

International Labour Organization(ILO)


Definitions of Grievances

1. A grievance is a formal dispute between an employee & management on the conditions of employment.

2. Grievances are complaints that have been formally registered in accordance with the grievance procedure.

3. A grievance is any dissatisfaction or feeling of injustice in connection with one’s employment situation that is brought to the attention of the management.


Features of Grievances

Discontent or Dissatisfaction. Dissatisfaction must arise out of

employment & not due to personal reasons.

The discontentment can arise out of real or imaginary reasons.

The discontent may be voiced or unvoiced but it must expression in some form.

Broadly speaking a grievance is noticeable & traceable to real or perceived non-fulfillment of one’s expectations.


Forms of Grievances

a) FACTUAL.

b) IMAGINARY.

c) DISGUISED.


Reasons of Grievances

1. ECONOMIC. 2. WORK ENVIRONMENT. 3. SUPERVISION. 4. WORK GROUP. 5. MISCELLANEOUS.


Human Aspects

1. Work Environment : Light , space ,heat.2. Use of equipment : Tools / Poor

Maintenance. 3. Supervisory Practices.4. Personality clashes.5. Managers’ Behavior.6. Problems with pay / allowances.7. Perceived inequalities in treatment : Pay,

appeals against performance related awards.

8. Organizational Change.


Types of Grievances

Individual Grievance: complaint that an action by management has violated the rights of an individual as set out in the collective agreement or law, or by some unfair practice.

Examples: discipline, demotion, classification disputes, denial of benefits, etc.


Types of Grievance

Group Grievance: complaint by a group of individuals, for example, a department or a shift that has been affected the same way and at the same time by an action taken by management.

An example of a group grievance would be where the employer refuses to pay a shift premium to the employees who work on afternoon shift when the contract entitles them to it.


Types of Grievance

Policy Grievance: complaint by the union that an action of management (or its failure or refusal to act) is a violation of the agreement that could affect all who are covered by the agreement.

Group grievances are often treated as policy grievances.

For example, management assigns a steady day-shift employee to work on an off shift without regard to seniority.


EFFECT OF GRIEVANCES

1. On Production : Low quality of production , Low productivity , Increase in wastage , Increase in cost of production

2. On Employees : Increased absenteeism , Reduction in level of commitment , Increase in accidents , Reduced level of employee morale.

3. On Managers : Strained superior – subordinate relations , Need for increased supervision/control & follow up Increase in unrest ,thereby machinery to maintain industrial peace.


BENEFITS OF GRIEVANCE HANDLING PROCEDURES

1. It encourages employees to raise concerns without fear of reprisal.

2. It provides a fair & speedy means of dealing of grievances.

3. It prevents minor disagreements developing into more serious disputes.

4. It saves employer’s time & money as solutions are found for workplace problems.

5. It helps build in organisational climate based on openness and trust.


Objectives of Grievance Handling

1. To enable employee to air his/her grievance.2. To clarify the nature of grievance.3. To investigate the reasons of dissatisfaction.4. To obtain where possible a speedy resolution

to the problem.5. To take appropriate actions & ensure that

the promises are kept.6. To inform the employee his /her right to

voice the grievance & take it to next stage of the procedure.


Key Features of Grievance Redressal Procedure

1. FAIRNESS.

2. FACILITIES FOR REPRESENTATION.

3. PROCEDURAL STEPS.

4. PROMPTNESS.


Discovery of Grievance

a) Observation.b) Grievance procedure.c) Gripe Boxes.d) Open Door Policy.e) Exit Interview. f) Opinion Survey.


Value Addition - HR Glossary

Joint/labor management committee

Key result areas

A panel comprised of management and union representatives whose purpose is to address problems, resolve conflicts and build on relationships.

The parts of an organization’s intangible assets that relate specifically to knowledge, expertise, information, ideas, best practices, intellectual property and other capabilities.


Value Addition - HR Terminology

Knowledge- based pay

Knowledge management

A salary differentiation system that bases compensation on an individual’s education, experience, knowledge, skills or specialized training. Also referred to as skill based pay.

The process of creating, acquiring, sharing and managing knowledge to expand individual and organizational performance.


Handling Grievance

Amenities Compensation Conditions of work Continuity of

service Disciplinary action Fines Leave Medical benefits

Nature of job Payments Promotions Safety

environment Super Annuation Supersession Transfers Victimisation


Individual or Collective (Group) Grievances It is important to make a distinction

between individual grievances and group grievances.

If the issue involved relate to one or a few individual employees, it needs to be handled through a grievance procedure, but when general issues with policy implications and wider interest are involved they become the subject matter for collective bargaining.


Reasons for Grievances

Economic Wage fixation, wage computation, overtime,

bonus Employees feel they are getting less than what

they ought to get Working Environment

Poor working conditions, defective equipment and machinery, tools, materials.

Supervision Disposition of the boss towards the employee

perceived notions of favoritism, nepotism, bias etc. © Dr. Parikshit Joshi

Reasons for Grievances

Work Group Strained relations or incompatibility

with peers. Feeling of neglect, obstruction and victimisation.

Work Organisation Rigid and unfair rules, too much less

work responsibility, lack of recognition.


Effects of Grievance

a. Loss of interest in work and consequent lack of moral and commitment

b. Poor quality of production c. Low productivity d. Increase in wastage and costs e. Increase in employee turnover f. Increase in the incidence of accidents g. Indiscipline h. Unrest, etc.


Value Addition - HR Terminology Ability test

Ability

Absenteeism

An assessment instrument used to measure an individual’s abilities, mental or physical skills level (i.e. problem solving, manual dexterity, etc.)

Aptitude or competence, the skill or proficiency needed to perform certain tasks.

Referred to as the habitual failure of employees to report for work when they are scheduled to work.© Dr. Parikshit Joshi

Grievance Procedure


Dispute settlement machinery

Different methods for settlement of industrial disputes provided in the Industrial Dispute Act 1947.

Conciliation Arbitration Adjudication


Conciliation The Government (Central or the State) appoints

conciliation officers who are usually officials of the State Labour Department or the officials of the Ministry of Labour Government of India.

Appointed for a particular geographical area, usually a revenue district.

In certain cases the conciliation officer is appointed for a particular industry in a particular area.

If any industrial dispute arises between an employer and his workmen the either can approach the Conciliation Officer for the area in which the industry is situated and request him to hold conciliation talks in the dispute and settle the issue.© Dr. Parikshit Joshi

The talks initiated by the conciliation officer are called conciliation talks.

The conciliation talks may end in the settlement of the disputes in which case a settlement is drafted and signed by the employer, the workmen(trade union) and the conciliation officer.

There may be cases when the conciliation officer may not be able to settle the dispute for several reasons.

In such circumstances, the conciliation officer sends a report to the Government.

This report is called the conciliation failure report. The Government may refers the issue in dispute to the

Labour Court/Industrial Tribunal.© Dr. Parikshit Joshi

Adjudication The Labour Court/Industrial Tribunal gets the

jurisdiction to decide an industrial only if the Government makes a reference of that dispute to it.

The proceedings before the Labour Court/Industrial Tribunal are called adjudication proceedings.

The Labour Court/Industrial Tribunal after following the procedure prescribed under law finally gives its decision.

This decision is sent to the Government and becomes operational thirty days after the date of its publication by the Government.

However, any one of the can challenge the decision by means of a writ petition before the High Court.© Dr. Parikshit Joshi

Arbitration

The parties agree that the issue in dispute between them should be settled by referring the issues for arbitration.

The parties to the dispute can select the person who should arbitrate the issue i.e., the arbitrator.


Grievance Redressal Procedure

Grievance Redressal Procedure has been divided into three stages: Stage I Stage II Stage III


Grievance Procedure

Stage - I of Grievance Redressal


Stage-II of Grievance Redressal


Stage-III of Grievance Redressal Procedure


The Unit Grievance Redressal Committee/Work Committee Comes into picture in stage III.

Matter to be dealt with committee include the following: Settlement of grievances relating to the terms and conditions

of employment of employees in the day today working Questions as to whether or not the Company’s rules have been

followed in any particular case, e.g. violation of acting rules Matters relating to discipline and conduct as between the

management and the employees Matters relating to severity of punishment given as a

disciplinary measure. Complaints regarding withholding of increments. Questions relating to the abuse of privileges of provision of

amenities


Limitations of committee

The committee is not concerned with the problems of planning and development in their wide sense.

The committee also does not discuss matters which are trade questions such as wages, allowance, hours of work, leave, old age benefits and the like, which are covered by agreement with the trade unions or by reports of Conciliation boards or awards of Industrial tribunal.

Any decision of the committee must be superseded by an agreement between the management and the union. © Dr. Parikshit Joshi

Members of Committee

The committee consists of ten members of whom five represent the management and five represent the employees (Joint Management Committee)

Management Representatives : The representatives of the Management on the committee are nominated by the management

Employees Representatives : The representatives of employees on the committee are nominated by the union, which is registered under the Trade Union Act, is representative of the employees and is recognized by the management for this purpose.


Officers of the committee

The Committee has a Chairman, a Vice-Chairman and a member Secretary

The Chairman is nominated by the management from amongst its representatives on the committees

The Vice-Chairman is nominated by the union from amongst it’s employees’ representatives on the committee.

The Secretary is nominated by the management from amongst its representatives on the committee


Tenure of Officers

Term of office of the employee’s representative on the committee other than members nominated to fill casual vacancies, is 36 months from the date of formation of the Committee.

A member nominated to fill a casual vacancy holds office for the unexpired term of his predecessor. © Dr. Parikshit Joshi

Quorum of meeting

Meetings

Payment to employee representatives

Decision of committee

At least one-third of the number of members from each side can form the quorum for a meeting of the committee. No quorum is necessary for an adjourned meeting.

The committee can meet as often as necessary but not less than once a month.

The employee’s representatives, if they attend meetings while on duty, are paid by the Corporation their full wages of the time they spend in the committees as if they are on their usual duty.

The recommendations of the Unit Grievance Redressal Committee are not unanimous, the Chairman puts up the case to the Central Grievance Redressal Committee for consideration.

Date and Time of Meeting

Notice of meeting

Decided by chairman

The notice of meeting with it’s agenda is ordinarily sent by the secretary to each member of the committee three days before the date of the meeting.


The Central Grievance Redressal Committee

If the matter involves large number of employees. The Central Grievance Redressal Committee has the

power to deal with :- Cases which have been referred by the Unit Grievance

Redressal Committees and the non-factory employees works committee.

Cases in which the unanimous decisions of any of the Unit Grievance Redressal Committees and the non-factory employee’s works committee have been objected to by management or union.

Individual grievances or complaints of employees, which the union wishes to discuss

Issues of policy and their interpretation in regard to labour matters which the union wishes to discuss. © Dr. Parikshit Joshi

Limitations of committee The committee is not

concerned with the problems of planning, works development and management of the plant in the wider sense.

Any decision of the committee can be superseded by an agreement between the management and the union © Dr. Parikshit Joshi

Membership

Term of officers

Officers of committee

Quorum of meeting

Eight members of whom four represent the management and four represent the employees.

36 months

Chairman, Vice-Chairman and Secretary

Atleast half of the number of members representing management and the employees constitute the quorum for a meeting of the committee. No quorum for an adjourned meeting.


Notice of meeting

Acting on committees decision

The notice of the meeting, together with the agenda, is ordinarily sent one day before the date of the meeting.

The unanimous decision of the committee is binding on the Management, the employees, and the union where the decision relates to a matter of policy or general principle, the approval or order of the managing agents is necessary. In all such cases, decision of the committee is forwarded by the Chairman to the appropriate authority for necessary action.


Informal Grievance Redressal Procedure

More than half of the employees interviewed said that the informal method of resolving grievances by way of oral consultants with their superiors is a much better and less complicated method to undertake.

The aggrieved employee can directly approach his shift incharge or the section head (in case of a major grievance) engage into a direct consultation and have his grievance resolved amicably in stage I itself.

GOD BLESS GOD BLESS YOU………YOU………

© Dr. Parikshit Joshi 51

Regards:

Dr. Parikshit JoshiAssistant ProfessorDepartment of Management ScienceSri Ram Murti Smarak College of Engg. & TechnologyBareilly (U.P.), IndiaE-mail: [email protected]: www.joshimannu.blogspot.com

Grievance Redressal

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