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A grievance is a sign of employees discontent with job and its nature.

The
employee has got certain aspirations and expectations which he thinks
must be fulfilled by the organization where he is working. When the
organisation fails to satisfy the employee needs, he develops a feeling of
discontent or dissatisfaction. Thus, grievance is caused due to the
difference between the employee expectation and management practices.
Breach defines a grievances as any dissatisfaction or feeling of injustice
in connection with ones employment situation that is brought to the notice
of the management Jucius defines a grievance as ---- any discontent
or dissatisfaction, whether exposed or not, whether valid or not,arising out
of anything connected with the company which an employee thinks,
believes or even feels to be unfair, unjust or inequitable

GRIEVANCE PROCEDURE

Meaning/Definitions
The concept grievance has been defined in several ways
by different authorities. Some of the definitions are as
follows:
Beach defines a grievance as any dissatisfaction or feeling of injustice in
connection with ones employment situation that is brought to the notice of the
management , whereas Flippo indicates the grievance as a type of discontent
which must always be expressed . A grievance is usually more formal in character
than a complaint. . It can be valid or ridiculous, and must grow out of something
connected with company operations or policy. It must involve an interpretation or
application of the provisions of the labour contract.
Jucius defines a grievance a ..any discontent or dissatisfaction , whether
exposed or not, whether valid or not, arising out of anything connected with the
company which an employee thinks, believes or even feels to be unfair , unjust or
inequitable.

Need for a Grievance Procedure

Grievance procedure is necessary for any organization due to following reasons:


(1) Most grievances seriously disturb the employees. This may affect their morale,
productivity and their willingness to cooperate with the organization. If an
explosive situation develops, this can be promptly attended to if a grievance
handling procedure is already in existence.
(2) It is not possible that all the complaints of the employees would be settled by first
time supervisors, for these supervisors may not have had a proper training for the
purpose, and they may lack authority. Moreover, there may be personality
conflicts and other causes as well.
(3) It serves as a check on the arbitrary actions of the management because
supervisors know that employees are likely to see to it that their protest does
reach the higher management.
(4) It serves as an outlet for employees gripes, discontent and frustrations. It acts like
a pressure valve on steam boiler. The employees are entitled to legislative,
Executive and judicial protection and they get this protection from the grievance
Redressal procedure, which also acts as a means of upward communication.

The causes of Grievances


The causes of employee grievances include:
Demands for individual wage adjustment
Complaints about the incentive system
Complaints about the job classification
Complaints against a particular foreman
Complaints concerning disciplinary measures and procedures
Objections to the general methods of supervision
Loose calculation and interpretation of seniority rules and unsatisfactory
interpretation of agreement Promotion
Disciplinary discharge or lay-off
Transfer for another department or another shift
Inadequacy of safety and health service/devices
Non-availability of material in time
Violation of contracts relating to collective bargaining
Improper job assignment
Undesirable or unsatisfactory conditions of work
Victimization and
Fines.

Pre-requisites of a Grievance Procedure


The efficiency of a grievance procedure depends upon the fulfillment of certain
pre-requisites. These are as follows:

Conformity with Prevailing Legislation


While designing the grievance procedure, due consideration must be given to the
existing statutory provisions. In other words , the existing grievance machinery as
provided by law may be made use of.
Clarity
There should be clarity regarding each and every aspect of the grievance
procedure. An aggrieved employee must be informed about the person to whom a
representation can be made, the form of submission , the time limit for the
redressal of grievance etc. Similarly, the redressing authority should be very clear
about what is expected from him, what measures he can take, the limits within
which he should resort to an action etc.
Simplicity
The grievance procedure should be simple. Every employee must understand
different stages of the procedure, the forms to be filled up, the witness required
etc If there are too many stages in the procedure, too many forms to be filled up,
too much going around etc., the very purpose of the procedure is defected. Instead
of resorting to the formal procedure, an employee may ignore it.
Promptness
The promptness with which a grievance is processed adds further to the success
of the grievance procedure. Since just delayed is justice denied, the procedure
should aim at rapid disposal of the grievances.
Training
The success of procedure also depends upon imparting training to the
supervisors and union representatives in handling grievances.
Follow-up
The successful working of a grievance procedure depends upon a proper followup by the personnel department. The department should periodically review the
procedure and introduce the essential structural changes making it more effective.

Steps in the Grievance Procedure


Identify grievances: employee dissatisfaction or grievances should be identified
by the management if they are not expressed. If they are ventilated, management
has to promptly aacknowledge them.

Define correctly: the management has to define the problem properly and
accurately after it is identified/acknowledged.
Collect data: complete information should be collected from all parties relating to
the grievance. Information should be classified as facts, data, opinions etc.
Analyse and solve: the information should be analyse , alternative solutions to the
problem should be developed and the best solution should be selected.
Prompt redressal: the grievances should be redressed by implementing the
solution.
Implement and follow up: implementation of the solution must be followed up at
every stage in order to ensure effective and speedy implementation.

Model Grievance Procedure


The Model Grievance Procedure suggested by the National Commission on
Labour involves six successive time-bound steps each leading to the next, in case
of dissatisfaction. The aggrieved worker in the first instance will approach the
foreman and tell him of his grievance orally. The foreman has to redress his
grievance and if the worker is not satisfied with this redressal , he can approach
the supervisor .the supervisor has to provide an answer within 48hours. At this
stage the worker approaches the Head of the Department who has to give an
answer within 3days. If the Departmental Head fails to give an answer or if the
worker is not satisfied with his answer, the worker may appeal to the Grievances
Committee, consisting of the representatives of the employer and employees. The
recommendations of this committee should be communicated to the Manager
within seven days from the date of the grievance reaching it. Unanimous
decisions, if any , of the committee shall be implemented by the management . If
there is no unanimity, the views of the members of the committee shall be placed
before the manager for his decision. The manger has to take a decision and inform
the worker within 3 days.
A union official may accompany the worker to the manager for discussion and if
no decision is arrived at this stage, both the union and management may refer the
grievance to voluntary arbitration within a week of the receipt of the
managements decision. The worker in actual practice, may not resort to all the
above mentioned steps.
Model Grievance Procedure
Procedure

Time frame

Appeal against within a week


Manager
Grievance committee
HOD
Supervisor
Foreman
Worker

3 days
7 days unanimous
3days
48hours

Guidelines for handling Grievance


The following guidelines may help a supervisor while dealing with grievances.
He need not follow all these steps in every case. It is sufficient to keep these
views in mind while handling grievances
Treat each case as important and get the grievance in writing.
Talk to the employee directly. Encourage him to speak the truth.
Give him a patient hearing.
Discuss in a private place. Ensure confidentiality, if necessary.
Handle each case within a time frame.
Examine company provisions in each case. Identify violations, if
any. Do not hold back the remedy if the company is wrong.
Inform your superior about all grievances.
Get all relevant facts about the grievance. Examine the personal
record of the aggrieved worker. See whether any witnesses are
available. Visit the work area. The idea is to find where things
have gone wrong and who is at fault.
Gather information from the union representative, what he has to
say, what he wants, etc. give short replies, uncovering the truth
as well as provisions. Treat him properly.
Control your emotions, your remarks and behavior.
Maintain proper records and follow up the action taken in each
case.
Be proactive, if possible. Companies like VSP, NALCO actually
invite workers to ventilate the grievances freely, listen to the

other side patiently, explain the reasons why the problems arose
and redress the grievances promptly.

Disciplinary Procedure
A disciplinary procedure is a process for dealing with perceived employee
misconduct. Organisations will typically have a wide range of disciplinary
procedures to invoke depending on the severity of the
transgression. Disciplinary procedures vary between informal and
formal processes

Meaning and Definition


Discipline refers to a condition or attitude, prevailing among the employees, with
respect to rules and regulation of an organization. Discipline in the broadest sense
means orderliness, the opposite confusion. It does mean a strict and technical
observance of rigid rules and regulation. It simply means working, cooperating
and behaving in a normal and orderly way, as any responsible person build expect
an employee to do.
Discipline is defined as a force that prompts individuals or group to observe the
rules, regulation and procedures which are deemed to be necessary for the
effective functioning of an organization.
According to Ordway Tead , discipline is the orderly conduct of affairs by the
member of an organization, who adhere to do necessary regulations because they
desire to cooperate harmoniously forwarding the end which group has in view,
and willingly recognize that. To do this, their wishes must be brought into a
reasonable union with the requirements of groups in action.

Aspects of Discipline:
The two aspects of discipline are dealt in details below:
1) Positive Aspect:
Employees believe in and support discipline and adhere to the rules, regulation
and desired standards of behavior. Discipline takes the forms of positive support
and enforcement for approved actions and its aim is to help the individual in

moulding his behavior and developing him in a corrective and supportive manner.
This type of approach is called positive approach or constructive discipline or
self-discipline.
2) Negative Aspect:
Employees sometimes do not believe in and support discipline. As such they do
not adhere to rules , regulations and desired standard of behavior . as such a
disciplinary programme forces and constraints the employees to obey orders and
functions in accordance with the rules and regulations through warnings penalties
and other forms of punishment. This approach is called negative approach ,
corrective approach or punitive approach.

The aim is to ensure procedural and substantive fairness as defined by Namibian Labour Law
Principles.
Disciplinary action is divided into different steps, namely:
Complaint / Transgression
Investigation & Preparation
Notice & Charge
Hearing
Decision
Appeal

Objectives of discipline:
The objectives of discipline are:
To obtain a willing acceptance of the rules, regulations and procedures of an
organization so that organization goals may be attained ;

To impart and element of certainty despite several difference in informal behavior


pattern and other relater changes in an organization;
To develop amount the employees a spirit of tolerance and desire to make
adjustments.
To give and seek direction and responsibility
To create and atmosphere of respect for the human personality and human relation
and
To increase the working efficiency and morale of the employees so that their
productivity stepped up and the cost of production improved.

The Red Hot Stove Rule:


Without the continual support and regard of the subordinates, no manger can get
the things done. But disciplinary action against a delinquvnt employee is painful
and generates resentment on its part. Hence, a question arises as to how to impose
discipline without generating resentment? This is possible through what Douglas
McGregor called the Red Hot Stove Rules ,which draws analogy between
touching the hot stove undergoing discipline and
The burn is immediate.
He had a warning. When the stove was red hot, he knew what would happen if he
touched it.
The effect is consistent. Everyone who touches red hot stove gets burnt.
The effect is impersonal. A person is burnt not because of who he is but because he
touched the hot stove.
The same thing is true with discipline. The disciplinary procedure should start
immediately after an omission is noticed. It should give a clear cut warning
regarding the extent of punishment for an offence. The same punishment should
be consistently given for the same type of offence

Indiscipline

Indiscipline means disorderliness, insubordination and not following


the rules and regulations of an organisation. The symptoms of
indiscipline are change in the normal behaviour ,absenteeism
,apathy ,go slow at work ,increase in number and severity of
grievances ,persistent and continuous demand for overtime
allowance ,lack of concern for performance etc.
Causes of Indiscipline:
The common causes of indiscipline are:
(1)Absence of effective leadership: Absence of effective leadership

results in poor management in the areas of direction, guidance,


instructions etc., this, in turn, leads to indiscipline.
(2)Unfair management practices: Management sometimes indulges in
unfair practices like wage discrimination, defective handling of
grievances, payment of low wages, delay in payment of wages,
creating low quality work life, etc., these unfair management practices
gradually result in indiscipline.
(3) Communication Barriers: Communication barriers along with the
absence of upward communication, absence of humane and
understanding approach on the part of superiors result in frustration
and leads to indiscipline.
(4) Non- uniform Disciplinary Action: Management has to treat all
cases of indiscipline in a fair and equitable way. But management
may undertake disciplinary actions in a discriminating way, leading to
violent protests from various quarters.
(5) Divide and rule policy: Managers may often divide the employees
into groups, get the information from different groups about others
and encourage the spying activity.
(6) Inadequate attention to personnel problems and delay in solving
personal problems create frustration among individual workers.

(7) Victimization and excessive pressure on the work of the


subordinate may also lead to indiscipline.
Domestic Enquiry
When the management of the company finds that an act of misconduct committed
by an employee, warrants disciplinary procedure should be conducted in order
conclude whether the act committed by the employees is a misconduct or not.
Management can arrange to conduct the disciplinary procedure from within the
company or by the officers from outside the company. Enquiry conducted from
within the company by the internal officers is called domestic enquiry.
Management appoints the company officers as domestic enquiry officers.
Sometimes, the personnel manager in charge of discipline may act as enquiry
officer.
The domestic enquiry officer enquiries into the issue by:
Calling the employee for explanation.
Considering the explanation of the employee.
Issuing a show- cause notice.
Holding a full- fledged enquiry.
Considering the witness reports, documents, events etc.,
Considering the enquiring reports.
After the enquiry is over, the domestic enquiry officer submits his final report to
the management. Management implements the report if it is satisfied with the
enquiry. Otherwise, management may order for an external enquiry.

Disciplinary Procedure
Disciplinary procedure in Indian industries comprise of following stages
Issuing a letter of charge to the employee calling upon him for
explanation: When the management of the establishment comes to the
conclusion that an act of misconduct committed by an employee warrants

disciplinary action, the concerned employee should be issued a charge sheet. The
charge sheet should indicate the charges of indiscipline or misconduct clearly and
precisely. Explanation should also be called from the delinquent employee and for
that sufficient time should be given to the employee. Sending of the charge sheet
either by personally or by post.
Consideration of explanation: When the delinquent employee admits in an
unqualified manner, about his misconduct, there is no need for conducting any
enquiry further. Besides when the employer is satisfied with the explanation given
by the delinquent action. On the contrary management is not satisfied with the
employees explanation, there is a need for serving show-cause notice.
Show-cause notice: In the show cause notice, the employer provides another
chance to the employee to explain his conduct and rebut the charges made against
him. This notice is issued by the manager, who decides to punish the employee.
Besides, a notice of enquiry sent to the employee and this should indicate clearly
the name of the enquiring officer, time, date and place of enquiry into the
misconduct of the employee.
Holding of a Full-fledged enquiry:
The enquiry should be conformity with the principles of natural justice, that is,
delinquent employee must be given a reasonable opportunity of being heard. The
enquiry officer should record the findings in the process of an enquiry. He may
also suggest the nature of disciplinary action to be taken.
Considering the Enquiry Proceedings and Findings and Making Final Order
of Punishment: When the misconduct of an employee is proved , the manager
may take disciplinary action against him. While doing so he may give
consideration to the employees previous record, precedents effects of this action
on other employees etc. have to be considered. No inherent right to appeal has
been provided unless the law provides it. In case the employee- the enquiry not
proper and action unjustified. He must be given a chance to make an appeal.
Follow-up: After taking disciplinary action, there should be proper follow-up.
The disciplinary action should not make the employee repeat his mistake. And the
consequences of the implementation of disciplinary action should be noted and
taken care of.

Types of punishment
Different types of punishments resulting from various types of omissions or
misconduct are as follows:
1. Oral
warnings: Whenever an
employee
commits
minor
omissions, he may be given oral warning by the superior

concerned. In such cases superior should


employee as to prevent their recurrence.

enlighten

the

2. Written warnings: whenever oral warnings fails to achieve the


desired behavior on the part of the employee, written warnings,
which are the first formal state of progressive discipline, may be
resorted to. Written warnings are also referred to as pink slips
which indicate that certain rights would be withdrawn incase the
employee continues his misconduct or omission.
3. Loss of privileges and fines: if an employee leaves the work
without taking permission of the superior, he may not be allowed
to select the good tools and machines for himself to move freely
in the company. If the contract of employment provides for
imposition by the employee on the delinquent employee, the
employer may resort to them.
4. Punitive suspension: under punitive suspension, the employer
prohibits the employee from performing the tasks assigned to
him and the wages are withheld or withdrawn during the period
of such prohibition.
5. Withholding of increment: There is a major punishment under
this method the employer withholds the annual increment of the
delinquent employee in a graded scale.
6. Demotion: under this type, the employee is reduced to a lower
grade enjoyed by him earlier. Normally this method is resorted to
when an employee is promoted mistake and he is not able to
perform the job.
7. Termination: The employees service is terminated in the
following forms a) discharge implicate b) discharge c) dismissal.

Conclusion:
Management and trade unions try to provide benefits to the workers but , still
workers feel dissatisfaction. Workers dissatisfaction are dealt through grievance
procedure. Workers may not discharge the duties as per their company
requirements. Disciplinary procedure deals this issue. Disciplinary rules regulate
the behavior of employees in an organization as the law regulates the behavior of
people in the society.

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