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Grievances - Concept • Grievance can be defined as any discontent or dissatisfaction, with any aspect of the organisation - at the treatment meted out to the employee by his superiors or the management on service conditions, the nature of the job etc felt by the employee in course of employment. Usually grievances relate to problems of interpretation or perceived non-fulfillment of one’s expectations from the organisation.. • It can be real or imaginary, legitimate or ridiculous, stated or invoiced, written or oral. It must, however, find expression in some form or the other. Aggrieved employees usually manifest deviant behaviour. In absence of redressal of grievance, it reflects in the form of indiscipline, absenteeism, low productivity etc • The International Labour Organisation (ILO) defines a grievance as a complaint of one or more workers with respect to wages and allowances, conditions of work and interpretation of service conditions covering such areas as overtime, leave, transfer, promotion, seniority, job assignment and termination of service. • The grievance procedure is one of the most important means available for employees to express their dissatisfaction. It is also a means available to management to keep a check on relevant diagnostic data on the state of the organisation’s health.
Approaches to grievance machineries • Various approaches have been documented reflecting the attitude of management and employees to the grievance machinery. • Management could take a legalistic approach and follow the negotiated contract . The management and the worker, categories covered by the contract, follow the provisions therein. Grievances are those defined by the contract and the process for dealing with the grievances is clear to all concerned and specified with the time span for each stage. • Grievance machinery oriented towards a human relations approach to its workers. • Open door policy to look into various grievances
Causes of grievances The precise nature of grievance may differ from one organisation to another, but in general they tend to fall under the following categories • Promotions – supersession, acting promotion, seniority, pay fixation • Compensation – increments, payments, recovery of dues • Amenities – inequitable distribution, entitlement, medical benefits • Service Matters – transfers, continuity of service, superannuation • Disciplinary Action – punishment, fines, victimisation • Nature of job – job allocation • Condition of work – safety, hazards • Leave
Effects of grievances • Grievances can have several effects which are essentially adverse and counterproductive to organisational purposes. The adverse effects include: • Loss of interest in work and consequent lack of morale and commitment. • Poor quality of production. • Low productivity. • Increase in wastage and costs. • Increase in employee turnover. • Increase in absenteeism. • Increase in the incidence of accidents. • Indiscipline. • Unrest, etc.
The discovery of grievances • Knowledge about grievances is important in handling them. Upward channels of communication provide the dependable sources for discovery of grievances. One can also come to know about grievances through gossip and grapevine or through unions. It is always preferable to have knowledge based on observation and through direct communication from the employee concerned. Some of the important ways of discovering grievances are briefly outlined here. • Direct Observation • Grievance Procedure • Grape Boxes • Open-door Policy • Exit Interview • Other Channels
GRIEVANCE HANDLING - Importance • Employee grievances are essentially human problems, real or imaginary. Whatever be the cause, the approach should be humane. Sensitivity and sympathy are required in handling grievances diligently. • Employee grievances have to be handled promptly, an aggrieved employee suffers from a sense of injustice being done to him. In many cases, trivial issues concerning one or a few small issues result into loss and bitterness, because they were not dealt with properly and promptly. • Grievance redressal gives the employees a sense of satisfaction that they had the opportunity to communicate and to be heard by the management • Various levels in the organisation get to know of the issues that concern workers and managers • The 3 cardinal principles of grievance settlement are: • Settlement at the lowest level • Settlement as expeditiously as possible • Settlement to the satisfaction of the aggrieved.
GRIEVANCE PROCEDURE MODEL • This procedure has a four tier system for the settlement of grievances at the levels of the • immediate supervisor, departmental or factory head • then between the middle level management and union office bearers • then a bipartite grievance committee representing the management and the union • finally for arbitration/adjudication for the resolution process.
The details of a grievance procedure/machinery may vary from organisation to organisation. Here, a four stage model is suggested. The first and the last stages have universal relevance, irrespective of the differences in the procedures at the intermediate stages. The four stages of the machinery are briefly discussed here: • 4. Conciliation/Arbitration/ Adjudication • 3. Top Union President/ • Management General Secretary • 2. Middle Union • Management Office-bearers • 1. Supervisor Union Shop/ Department • representative • Aggrieved • Employee
Guides in grievance handling • At any stage of the grievance machinery, the dispute must be handled by some members of the management. In grievance redressal, responsibility lies largely with the management. And, as already discussed, grievances should be settled promptly at the first stage itself. The following steps will provide a measure of guidance to the manager dealing with grievances. • Acknowledge Dissatisfaction • Define the Problem • Get the Facts • Analyse and Decide • Follow up
Grievances And Industrial Relations • One of the problems in industrial relations scene in India is the lack of appreciation of the distinct boundaries between grievance procedure and collective bargaining. • The institution of Labour Welfare Officer under Factories Act, 1948 and Works Committees under the Industrial Disputes Act, 1947 apparently have a positive role to play in grievance redressal. • The Code of Discipline which was a voluntary self-enforcing type of code formulated in 1958 suggested a grievance procedure. • The Industrial Disputes (Amendment) Act, 1982, provided for compulsorily setting up of Grievance Settlement Authorities in undertakings employing 50 or more workers. This particular aspect of the 1982 Amending Act has not yet been enforced by the Government.
Recommendations of National commission on labour • A formal grievance procedure should be introduced in units employing 100 or more workers along with the following recommendations • There should be a statutory backing for the formulation of an effective grievance procedure which should be simple, flexible and less cumbersome • It should be time bound and have a limited number of steps • The procedure should give a sense of satisfaction to the workers, ensure reasonable exercise of authority to the manager and a sense of participation to unions • There should be a provision for reference to arbitration in case of unsettled disputes • It should be introduced to all units employing 100 or more workers.
Indiscipline/Misconduct • Discipline means working, cooperating and behaving in a normal and orderly way, as any responsible person. It is employee self control which prompts him to willingly cooperate with the organisational standards, rules, objectives etc. • Indiscipline/Misconduct is any breach of rules and discipline. It is an act which is detrimental to the interest of the employers/ impair the reputation of the employer or create unrest. • The Standing Orders should determine what shall constitute acts of misconduct and the quantum of punishment for them.
Causes of Indiscipline/Misconduct Indiscipline generally arises because of: • Unfair labour practices and victimisation on the part of employers – wage differentiation, unreasonable payment or non payment of bonus, defective grievance procedures. • Bad service conditions, defective communications and ineffective leadership • Poverty, frustration, indebtedness etc • Absenteeism, insubordination, dishonesty, disloyalty, violation of rules, gambling, incompetence, damage to property, strikes
Forms of Indiscipline/Misconduct • When the act of the worker is inconsistent with the peaceful discharge of his duties, or makes it unsafe to retain him, is grossly immoral, is insulting, abusive or unfaithful. • Theft, fraud, dishonesty, illegal strike, breach of duty, absence without leave, non performance of jobs, disobedience of orders, lies, corruption, disloyalty, damage to property or goodwill, disrespectful or disreputable conduct
Disciplinary Action • Disciplinary acts must conform to certain principles: • The principle of natural justice must guide all enquiries and actions. (i) no man should be condemned or punished without giving him on opportunity to explain the circumstances against him and that, (ii) no man should be the judge in his own case • The principle of impartiality and consistency – under identical conditions there should be no marked differences in action taken • The principle of impersonality and consistency – the disciplinary authority should not have a sense of elation, triumph or sadistic pleasure when a worker is brought to book • The disciplinary authority should provide reasonable opportunity to the offender to defend himself.
Domestic Enquiry & Punishment • DOMESTIC ENQUIRY: Provided under the Industrial Employment (Standing Order Act) 1946, it is an internal hearing held by an employer to ascertain whether an employee is guilty of misconduct. It is an enquiry into the charges of indiscipline and misconduct by an employee. It is a proceeding of quasi-judicial nature to be conducted in a manner to ensure a fair deal to the accused employee. Charges are framed and after observing the principles of Natural Justice an order of punishment or otherwise is passed by the competent authority • OBJECTIVES OF DOMESTIC ENQUIRY - To ascertain truth against alleged acts – whether an employee is guilty of delinquency To impose penalty according to the degree of culpability for the smooth functioning of an industry. To find out the truth of the allegations made against the workman. Dismissal/any serious punishment without holding a domestic enquiry is deemed to be illegal. • TO FIND OUT: - Who is responsible ?How the offence was committed ?Whether such conduct could have been avoided had the standing instructions on the subject been properly followed by the incumbent? • ENQUIRY OFFICER The employer can appoint: An officer employed in his industrial establishment, An officer from outside, or An advocate, as an enquiry officer. The enquiry officer is expected to conduct the enquiry in an impartial, unbiased, fair way with open mind. He should refer the matter to the disciplinary authority, before conducting the enquiry. He should elicit information on all material points, be firm, not cross-examine and put leading questions
BRIEF GUIDELINES FOR CONDUCTING A PROPER INQUIRY • Issue of the Charge-sheet – based on a written complaint, giving details of allegations of misconduct and indicating time within which the reply has to be submitted. It also requires to show cause why actions was not taken against him and indicate what penalty is proposed to be imposed. • Suspension pending enquiry • Consideration of the explanation – the worker is supposed to submit an explanation within a reasonable time. • Notice for holding the Enquiry – it is issued giving the time, date, place of enquiry, name of the officer holding the enquiry and the worker is required to be present along with witness • Holding of the enquiry – by the officer in the presence of the worker. The process of enquiry, the contents, charge sheets are explained and the proceedings noted and signed by all people. • The Enquiry Report – is submitted to the authorities empowered to take disciplinary actions. The report mentions whether which charges stand proved or not proved. • Final Decision of the Punishing Authority – the penalty decision should be commensurate with the evidence found and in keeping with the previous record of service of the offender. • Communication of Order of Punishment – The order has to be given in writing, with the charges established, the punishments awarded and reasons thereof.
