After reading the material uploaded in VLE I have understood what workplace dispute and grievance

procedure. Workplace grievance is all about the problems and complaints employees have regarding
their workplace, about their employer or their colleagues. About workplace grievance it is clearly shown
in the articles that is uploaded in VLE.

 In the 1st article “Ambiguous Employment” Pendent cement Authority violated the labour rules
where 130 employees were kept on muster roll for more than decade depriving them from
getting employee benefits. Employees were categorized as NWF and renewed their contract
every 3 months. Questions were raised on how this violation continued when labour secretary is
the chairman of Pendent cement Authority’s chairman. In this article it stated that unclear
employment status blurs the employment rights and uncertainty often leads to exploitation of
workers and violation of laws. Though PCAL claimed of conducting OD exercises it was stated it
is not enough to uphold the constitutional provision. Thus it is high time for labour ministry to
start fixing Employment status ambiguity.
 Second article “PCAL liable for fine, say labour ministry” in this PCAL was liable to pay fine for
failing to regularize its 130 NWF employees. In February 2018 employee lodged complaint to
labour regional office in Phuentsholing for not regulasing their employment status despite
working for more than 10-15 years. Though labour act was enacted in year 2007,PCAL did not
compile with it for 10 years. When asked PCAL they told it’s not their management faults they
told it must be because of management kept changing.
 Similar to above case in 3rd article “Employees claim unethical dismissal from STCBL, while STCBL
says it is voluntary retirement” in this case 7 employees were dismissed from STCBL without
prior notice or valid reason in April 2013. 4 employees were made to resign under ERS and 3
under CRS. Employees who were dismissed told that this dismissal can be due to personal
grudge Managing Director (MD) has with the employees as management committee has
notthing to do with it. But MD claimed they voluntarily laid off which was not true and one of
the ex-employee told they were threaten about not to complain to ACC. They even accused
HRAS of STCBL as he was close to MD and they couldn’t even file petition as company secretary
is wife of MD's brother so they feared of repercussion. MD of STCBL denied that the employees
where dismissed without reason as he told incompetent employees were fired as in this
competitive market there is requirement of competent employees.
 In the 4th article “Audit points out failures in employment programme” in this case the audit
report 2017 states that labour ministry failed to implement contract agreement with one of the
partner agencies. In this programme the one who provides training must ensure that job seekers
must work with particular employer for 2 years after training. If this condition is not fulfilled
agency must reimburse 20% of the money to ministry. Local training institutes told kuensel that
labour ministry was biased with them as overseas employment programme were awarded to
Indian firms and they also blamed lack of transparency in tendering process for the failure of
employment programmes.
 Grievance procedure:
1. Receipt and registration of complaint must be done according to guidelines of dispute
resolution procedure provided by MOLHR
2. Explanation letter must be provided where it must have a letter send to the accused
asking explanation against its allegations and copy of complaint letter for reference with
a deadline not exceeding three working days within which he/she is required to respond
3. Mediation: fix date and summons both parties or their representatives for mediation.
While mediating mediator must control the situation and upon successful completion of
mediation, mediation agreement must be drawn between parties and copy must be
kept with both parties.
4. Report must be given to chief labour administrator (CLA) within 7 working days on
whether the dispute is solved or not. If resolved, report of it must be submitted if it’s
not resolved reasoned report on why it is not resolved must be given to CLA.
5. Appointment of two conciliator in event if parties disagree on jointly appointed
conciliator. This conciliator may or may not be labour relations officer and if conciliator
is not labour officer then they shall be assisted by labour relations officer.
6. Certification of record of agreement by the CLA: record of agreement is binding on the
parties if the agreement has been certified by the CLA has being in compliance with the
Act. If it does not comply with the act it is then enforceable thus conciliator must amend
the agreement with accordance to the Act within 3 working days.
7. Settlement by court or arbitration: in case of right dispute CLA shall direct the parties to
the court of law but in case of interest dispute they direct to arbitrator appointed by
ministry.
8. Appeal against arbitrator: any party aggrieved by the decision of the arbitrator may
appeal to the court of law.
9. Recording: permission of parties must be sought if all or any proceedings of the
mediation, conciliation and arbitration are or is to be recorded