grievance procedure & discipline mnagement

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MODULE-4 GRIEVANCE PROCEDURE & DISCIPLINE MANAGEMENT

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Page 1: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

MODULE-4GRIEVANCE PROCEDURE &

DISCIPLINE MANAGEMENT

Page 2: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

“Any discontent or dissatisfaction, whether expressed or not arising out of anything connected with the company that an employee thinks, believes, or even feels, is unfair, unjust or inequitable.”

-Michael.J.Jucius-

“ Any real or imagined feeling of personal injustice which an employee has concerning his employment relationship.”

- Keith Davis

Page 3: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Grievances resulting from mgmt policies: Wage rates or scale of pay. Overtime. Leave. Transfers. Seniority, promotions and discharges. Lack of career planning and employee development plan. Lack of role clarity. Hostility towards a labour union.

Page 4: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

On production: Low quality of production. Increase in the wastage of material, spoilage and leakage. Increase in the cost of production per unit.

On employees: Increase in the rate of absenteeism and turnover. Reduce the level of commitment and punctuality. Reduces the level of employee morale.

On managers: Strains the superior subordinate relations..

Page 5: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

It helps to redress the grievances arising among employees.

All complaints cannot be settled by first time supervisors.

Checks the arbitrary action of the management.

Serves as an outlet for employee’s discontent and frustration.

Trade union and employees can raise their voice against management.

Page 6: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

To enable the employees to raise his or her grievance.

To clarify the nature of grievance.

To investigate the reasons for dissatisfaction.

To obtain a speedy resolution to the problem.

To take appropriate actions and ensure that promises are kept.

To inform the employee of his or her right to take the grievance to the next stage of the procedure, in the event of an unsuccessful resolution.

Page 7: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

The advantages of having a formal grievance procedure is It provides established & known methods of processing grievances & keeps this

channel of communication open

The redressal of grievance is attempted by:

-Establishing the facts pertaining to the grievance

-Collecting the facts & evidence

-Asking probing questions

-Analyzing facts & data generated

-Taking decision on an impartial basis

The role of emotion which may have caused the grievance , can be minimised by following the formal procedure

Page 8: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Its existence provides confidence among the employees that they can be heard & their grievances can be impartially redressed.

Involving various hierarchical levels in redressal process provides a safeguard against the possible biased decision of the immediate supervisor.

Various levels in the organization get to know the kinds of issues that concerns workers & managers.

Page 9: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Labour Contract Approach- It is a legalistic approach in which all the grievances are defined by the contract & process for dealing with the grievances are also clear to the concerned & specified with the time span for each stage.

Human elations School Approach- The concern is for understanding & doing something to the individuals to overcome the problem- the fundamental assumption is that individuals are important than production targets.

Page 10: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

OPEN DOOR POLICY: Employees are free to meet the top executives. Works well only in small organizations. Suitable for executives but not for operative level employees.

STEP LADDER POLICY: In this the aggrieved employee has to proceed step by step in

getting his grievance heard and redressed.

Page 11: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Stage- I Grievant- Convey verbally Officer designated by Mgt to deal with grievance – Reply in 48 hours

Stage- I Grievant+Deptal representatives HOD- Reply in 3 days

Stage- III Grievant+ Deptal representatives

Grievance Committee to decide in 7 days & report to the manager. Time limit for mgt to accept & communicate decision in 3 days

Stage- IV- Grievant+ Deptal representatives

Appeal to Mgt for revision

Stage- V Grievant+ refer to union

Voluntary Arbitration within a week after decision from stage-IV

Not satisfied, go to

Decision unsatisfactory

Decision not in time or unsatisfactory

No agreement

STEP LADDER PROCEDURE(MODEL GRIEVANCE PROCEDURE)

Page 12: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT
Page 13: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Problem There is a disagreement between a Senior Accountant and the Financial Manager in ABC Ltd. Senior accountant has to complete his project by the end of march 31.

But due to his unexpected health problem he was not able to complete his task

He suggested his Junior officer to complete this task but financial manager did not accept this.

He presents his grievance in writing to the Head of the finance department..

But he is not satisfied with the decision of the Head of the department.

Page 14: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Then he approaches to the Joint Grievance Committee.

He also produced his medical certificates. But the committee was not satisfied with the Junior Accountant and they reject his request.

Since the committee failed to redress his grievance it was referred to the Chief Executive.

The Chief Executive granted him leave and decided to appoint The senior accountant who had retired before five months from ABC Ltd to complete the project in time.

Page 15: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

The managerial approach to dealing effectively with employees’ grievances can stated as followsImmediacy of Action

Acceptance of Grievance

Problem identification

Getting the facts

Casual analysis of grievance

Taking Decisions

Implementation & follow-up

Page 16: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

• Voluntary grievance Procedure- Code of discipline adopted by the 16th Session of the Indian Conference in 1958

• Various steps depends on size of the organization

• In many small Org: no systematic procedure

• Union representatives play major role

• Usually medium and big sized units follow a systematic procedure for grievance handling

Page 17: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

A good grievance procedure is one which meets its objective of grievance Redressal within the least possible time and least possible cost, financial and psychological.

• Conformity to Legal Provision:- Grievance procedure is developed either by the management on its own or with consultation of employees. There are various legal provisions to take care of employer-employee relationship

• Simplicity:- The procedure should be a simple one which is easily understandable by employees.

Page 18: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Promptness:- This is the most essential feature of an effective grievance procedure. As far as possible, the grievances should be settled at the first level.

Acceptability: Grievance Procedure to be effective & must be acceptable to both management and employee and their union

Follow up.

Time limit.

Limited number of steps.

Page 19: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

A good grievance procedure saves time, money and the relationship between the parties.

Many discontent or dissatisfaction among employees can be resolved through the grievance procedure.

This not only redresses grievances but also increases the employees’ satisfaction , morale and trust in the organization.

Page 20: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Discipline means conformity to the rules, regulations & expectations of the mgt by the employees.

In case of deviation of norms, particularly the one contained in standing orders which is referred to as misconduct, the mgt initiates disciplinary action.

“It is the force that prompts individuals or group of individuals to observe rules & regulations which are deemed to be necessary for attainment of Goals”

- - Dr Spriegel

Discipline means working, cooperating, & behaviour in a normal & orderly way, as any responsible person would expect an employee to do”

- Bremblett

Page 21: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Ineffective leadership

lack of Promotional opportunities

Uninteresting works

.Defective communication system

Drunkenness & family problems

Excessive work pressure

Unfair management practices.

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Page 22: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Processes/Steps involved

Formulation of goals/objectives

Setting of standards of performance

Developing appropriate norms

Actual performance & behaviour

Evaluation of performance/behaviour in terms of performance & norms

Ascertaining the extent of deviation from standards of performance & norms

Page 23: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Contd………

Determining the causes of deviation

Imitating corrective measures which might includes removing causes of deviation, reforming goals/objectives, & other modification whichever necessary

Page 24: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

The Judicial Approach

Punitive Approach

The Human Relations Approach

The Human Resources Approach

The Group Discipline Approach

The Leadership Approach

Page 25: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Judicial ApproachIt is commonly followed in Indian Industries.

It deals with the problems of workers in a constructive manner.

Various kinds if misconducts are listed in the Standing Orders & penalties are also mentioned

It follows the law of natural justice & it provides the offender every opportunity to state his/her of the case

Disciplinary procedure under this approach is time consuming.

The decisions of Supreme Court on various cases also serve as guidelines.

Page 26: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Punitive ApproachThe Assumptions under this approach are- The people need to be coerced or forced to conform to the norm of a group

or organisation, thereby necessitating policing functions on the part of the supervisory & managerial personnel

Punishment is necessary for correcting deviations & changing the behaviour of people in desirable direction.

These assumptions are unrealistic as thy are based on inadequate & superficial understanding of the complexities of human behaviour

Page 27: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

The Human Relations ApproachIt calls for treating employees as human beings & considers the totality of his personality & behaviour while correcting faults that contribute to indiscipline.

His total personality is considered- as his interaction with colleagues, his family background etc

An attempt is made to probe deeper in to causes of his indiscipline

Corrective actions involve being considerate to employees & helping them to get over their personal difficulty by change if assignments, shifts etc.

Punitive action is avoided as much as possible

Page 28: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

The Human Resources ApproachThis approach calls for treating every employees as a resource & an asset to the organisation.

Before punishing the worker, the cause for indiscipline has to be ascertained.

An analysis of the cause is made, to find out whether indiscipline is due to the failure of training & motivating system or the individual's own failure to meet the requirements & accordingly corrective actions are taken.

Page 29: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

The Group Discipline ApproachIn this approach, the management sets & conveys well established norms & tries to involve groups of employees.

The group as a whole controls indiscipline & awards appropriate punishments/corrective actions.

The TU may also act as a disciplinary Agency.

Page 30: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

The Leadership ApproachEvery Supervisor /manager gas to guide, train develop, lead a group & administer the rule for discipline.

Page 31: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Domestic Enquiry(Disciplinary Procedure)Steps in Domestic Enquiry Issue of a Charge Sheet

Notice of Enquiry

Enquiry Proper

Examination

Marking Documents

Closure

Finding of Enquiry Officer

Awarding of Punishment

Communication of Punishment

Page 32: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Issue of a Charge SheetIt is a document that formally communicate sin writing to the worker the commissions/charges

alleged against him/her & requires him/her to show any cause why disciplinary action should not be taken against him/her.

A competent authority should sign the charge sheet as it is a basis for disciplinary action.

The following points should be considered while framing the charge sheet It should be properly worded & loose language should not be used

While stating the offence, the date, time & place of its commission & all other relevant data should be given

If the standing orders are in force, then the wording of the charges should be in consonance with the wording in the standing orders.

The proposed punishment may be mentioned

It should call for the worker to submit an explanation in writing within a specifies time or date.

Page 33: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Notice of EnquiryThe notice of enquiry (minimum two three days notice) should be served to the

charge-sheeted worker communicating the date, time & venue of the proposed enquiry & also the name of the officer nominated to hold the enquiry.

If the charge-sheeted worker is kept under suspension pending enquiry, then the time involved in communication by post should be considered.

If the charge-sheeted worker asks for time, it should be granted subject to the reasonability of request.

If the charge-sheeted worker asks for true copies of complaint on any other document, they should be furnished

The notice of enquiry should mention that the charge-sheeted worker will be given full opportunity to conduct his/her defense, to examine his/her witnesses if any & to cross examine mgt’s witnesses & he/she will be allowed to take the assistance of a co-worker to conduct his/her defense.

Page 34: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Enquiry ProperDomestic enquiry should be conducted in front of a camera & not in public. Privacy

should be ensured

The procedure is as follows

Record the fact of the enquiry & reference to the notice of enquiry Record the place, date & time of enquiry, parties present should be mentioned

Enquiry officer should read the charge-sheet in a language understood by the worker, charge sheeted worker’s explanation should be heard & recorded

Ask whether charge-sheeted worker accepts the charges admitted against him

If he accepts further enquiry is not required.

If he/she denies the charges , the enquiry has to be proceeded further

Page 35: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

ExaminationThe Enquiry officer should ask the presenting officer to present the case, & call upon

him/her to indicate the names of witnesses on behalf of the mgt in the presence of charge-sheeted worker & record the same.

If the presenting officer happens himself to be the witness to the misconduct, he Enquiry Officer should examine the presenting officer in the first instance, before any witness on behalf of the mgt are called in

In all other cases, the mgt witnesses shall be examined one after another as following: Examination of mgt witnesses Cross examination by charge-sheeted worker/defense counsel

No witness shall be examined in the presence of any other witness.

After all the mgt witnesses are examined & cross examined, the enquiry officer should present the facts & obtain the signature of all the concerned.

Page 36: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Marking DocumentsWhile proceeding with the enquiry, the Enquiry Officer should mark the relevant documents & exhibits which, thereafter become a valid part of the enquiry proceedings.

The enquiry officer should have signed them.

These documents become material objects on record & function as valid pieces of evidences on either side.

Page 37: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

ClosureIt involves summing up arguments, first by the presenting officer & defense

counsel by highlighting the salient feature of each side having regard to points brought out in the course of enquiry.

Thereafter, the enquiry officer may seek clarifications, if any from both the parties & close the enquiry.

The fact of concluding the enquiry proceedings should be recorded together with relevant details such as date & time & signature of all the concerned parties should be obtained.

Page 38: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Findings of Enquiry Officer

Within the reasonable time after the conclusion of the enquiry, the enquiry officer

should submit a report consisting of Brief narration of the case, parties present, no. of witnesses examined, the

exhibits marked on each side Appreciation of materials, significant evidence adduced on either side,

together with supporting facts

Conclusion of the Enquiry Officer

The Enquiry officer should state categorically whether the charges has been proved or not, solely with the reference of the enquiry proceedings & materials on record

The enquiry officer should not recommend the punishment.

Page 39: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Awarding the PunishmentThis is the task of the mgt & should be base on the findings of the enquiry &

post record of the employee

Communication of the Punishment

The punishment should be communicated to the concerned parties which should contain

Reference to the letter of issued to the employee Reference to the enquiry Reference to the finding of the enquiry Decisions whether to punish or not Date from which the punishment is effective

Page 40: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Positive discipline:-Subordinates willingly abide by the rules.

Negative discipline :- management has to exert pressure by imposing penalties on wrong doers.

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Page 41: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

1.Knowlege of Rules :- Instructions must be clear & understandable. It is common sense that

employee will obey rules when he understands it.

2.Prompt action :- All violations big or small should promptly enquired into.

3.Fair action :- a. All violations big or small should be duly punished

b. All individuals big or small should receive equal punishment.

c. Discipline should be uniformly enforced at all times.

e. The employee should always be given an opportunity to explain his action.

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Page 42: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

4.Well defined procedure:- The supervisor must assure himself that some violation has taken place.

He should state precisely & objectively nature of alleged violation.

He should then proceed to gather the facts of the case & maintain proper records.

After the facts have been gathered thoughts should be given what type of disciplinary action can be taken in this case

Appropriateness of disciplinary action should be determined in terms of its effectiveness in correcting the employee.

Accused employee should have the right to appeal to higher authorities.

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Page 43: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

5.Constructive handling of disciplinary action:- Disciplinary action should be handled in a constructive

manner.

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Page 44: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Kinds of Punishments

Warning or Censure

Fine

Withholding of Increments

Demotion to a lower grade

Suspension

Discharge-

Dismissal-

Page 45: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

“Industrial dispute means any difference between employers, or between employers & workmen or b/w workmen & workmen, which is connected with the employment or terms of employment or with the conditions of labour of any person”

- Sec.2(k)- Industrial Disputes Act 1947

Page 46: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Manifestation of organized group conflict(Union mgt Conflict)

Manifestation of Unions

Non Co-operation

Arguments

Hostility

Stresses & tension

Unwillingness to Negotiate

Resentment

Absenteeism

Demonstration, Morcha, Gherao

Loss of Production

Strike

Manifestation of Mgts

Unwillingness to negotiate

Termination

Demotion

Lay-offs

Page 47: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Manifestation of Individual & Unorganized Conflict

Management

Autocratic Supervision

Over-strict discipline

Penalties

Unnecessary firing

Demotion

Lay-offs

Workers

Intentional Waste & inefficiency

Labou turnover

Instances of breaking rules

Strikes

Page 48: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Causes to Industrial Conflicts

Economic causes- Wage, bonus, OT payments

Political causes- Political instability, various parties & their affiliation with unions

Social Causes- Low morale in society, bankruptcy of social values & norms

Technological causes- Unsuitable technology i.e. difficulty in technology adaptation, resistance to change, fear of unemployment

Psychological causes- Conflict in individual & organizational objectives, motivation problems, personality & attitudes

Market Situation- Rising prices & shortages

Legal Causes- Inadequacy of legal machinery, injustice.

Page 49: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Classification of Industrial Disputes

Interest disputes

Grievance or Rights Disputes

Disputes over Unfair Labour Practices

Recognition Disputes

Page 50: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Interest Disputes(Economic Disputes)

Related to new terms & conditions of employment for the general body of the workers

Disputes originate when TU demands for improvement in wages, fringe benefits, or other terms or condition of employment.

As the issues of these disputes are compromisable they lend themselves best to reconciliation & are a matter of give & take between the parties.

Page 51: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Grievance/Rights/Legal DisputesIt arise from day-to- day working relations in the undertaking, usually as a

protest by the workers concerned against an act of mgt that is considered to violate the rights.

These grievances arise on issues as discipline, dismissal, payment of wages & other fringe benefits, working time, OT, promotion, demotion, transfer rights of seniority, fulfillment of obligations regarding health & safety laid down in the agreement.

There is a clear standard for settling a grievance dispute- the relevant provision of the CB agreement, employment contract, works rules or law, etc are used

Recognition Disputes

Page 52: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Industry-related factors

Management- related factors

Government-related factors

Other factors

Page 53: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Industry-related factors They are pertaining to employment, wages, hours of work, rights &

obligations of employers & employees, terms & conditions of employment etc.

An industrial dispute is a matter in which both parties are directly & substantially interested r any one of the party are interested

Disputes often arise because of relatively higher working population & labour force.

The galloping prices of essential commodities & less wages

The TUs at large have failed to safeguard the interest of working class

Page 54: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Management- Related Factors

Some instances, mgt is not willing to discuss any matter or refer it to arbitration even if the TUs wants to do so.

The Mgt’s unwillingness to recognise a particular TU & dilatory tactics to which it resorts while verifying the representative character of any TU

Unwillingness of mgt to delegate enough authority to the representatives of recognised TUs to negotiate with their workers

One sided decisions taken by the representatives of the mgt in case of recruitment, promotion, transfer, merit awards etc.

Dissatisfactory services & benefits provided by the mgt to the workers.

Decisions of mgt to change the working methods, which may result in removal of surplus employees.

Page 55: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Government-related Factors

Change in Economic policies

E.g. Introduction of LPG

Most of the labour laws have lost their relevance in the context of changed industrial climate

Improper & inadequate implementation of labour laws by most of the employers

The growing irrelevance of Government’s reconciliation machinery

Page 56: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Other Causes TUs are highly influenced by politics.

Political instability & sometimes strained Centre-State relations are reflected in industry, resulting in industrial conflicts

Corruption in industry, permissive society, debasement of social values etc.

Page 57: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Non-Statutory Methods

Measures of Conflict resolution

Government machinery

Statutory Methods

Code of

DisciplineTripartite machinery WPM CB Scheme

LabourAdministrationMachinery(State &Central Level)

ID Act- 1947 State Acts

WorksCommittee

Conciliation Voluntary arbitration Adjudication

Conciliation Board

Conciliation Offices

Labourcourts

Industrialtribunal

National Tribunal

Page 58: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Non-Statutory MeasuresCode of Discipline It contains self-imposed obligations formulated by the Central Organisation of

employers & workers voluntarily

Came into effect on June 1958.

The Govt has set up various agencies at the Centre & State Level to implement the code of discipline

It provides guidelines for the employees & the Mgt & also stipulates that the Union & mgt should utilise the existing ,machinery for settlement of their disputes expeditiously

In order to maintain peace in public life employees &Mgt in both private & public sector should recognise the rights & responsibilities defined by the law & both the parties should discharge their obligations properly & willingly.

Page 59: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Tripartite Machinery It consists of Indian Labour Conference, The Standing Labour Committee & the

Industrial Committee at he Centre

The Standing Labour Committee advises the Govt on any labour matter referred to it.

These Committees include representatives from the State & the Centre & an equal no. of representatives from workers’ & employers’ organization.

Important proposals & recommended by the Indian Labour Conference & The Standing Labour Committee which includes the enactment of Industrial employment(standing orders) Act- 1946, The Factories Act- 1948, Revision of Employment of Children Act 1938 etc.

Other issues like workers’ education, WPM, training within the industry etc are discussed by tripartite bodies & recommendations are made.

When unanimous decisions are made, it is treated as commitments by the parties concerned.

Page 60: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Labour & Administration Machinery

Ministry of Labour & Employment of the Central Govt is the main agency for policy formation & administration in all labour matters

In coordination with State Govts, the local bodies & the statutory boards it manages the implementation of all the policies &decisions of the Tripartite Committees.

Page 61: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT
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A number of Directorates are established for the purpose

Directorate General of Employment & Training

DGET lays down policy for running the employment exchanges & the industrial training institutes

It also runs seven Central Training Institutes for craft instructors & two research institutions.

Page 63: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Office of the Chief Labour Commissioner(CLC)

Also called Central Industrial Relations Machinery

Functions Administration of labour laws

Verification of membership of registered unions for granting recognition under the code to Industries which come under the purview of Central govt

Determination of membership of the central federations for representation at national & international levels

Supervision of implementation of the Code.

Resolve the disputes

Page 64: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

The Director General of Mines safety(DGMS)

Working Conditions & implementation of Mines Act & Maternity Benefit Act 1961 in mines .

The Directorate General of Factory Advice Service & Labour Institutes Provides service to the factory Inspectorates of different states

Conducts research in problems relating to safety, health, welfare & productivity.

It runs a Central Labour institute & the Regional Labour Institutes

Page 65: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Other Offices related to Central Labour Ministry

Industrial tribunals set up in different Centres

Wage Board Commission

Committees of Enquiry

ESI Corporations

The Central Board of Workers’ Education

Safety Councils

Page 66: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Statutory MeasuresID Act 1947Objectives

The promotion of measures to secure cordial relations between labour & Mgt

Investigation & settlement of industrial disputes

Prevention of illegal shrikes & lockouts

Provision of relief in matters of lay-off & recruitment

Page 67: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Authorities are formed for the purpose Works Committees

Conciliation Officers

Board of Conciliation

Court of Enquiry

Arbitration(voluntary)

Labour courts

Industrial Tribunals

National Tribunals

Page 68: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Works CommitteesIt is a statutory body, established within the industrial units with representatives of the mgt & workmen- for preventing & settling disputes at the unit level.

Objectives

To remove the causes of friction in the day-to-day work situation by providing an efficient grievance –resolving machinery

To promote measures securing amity & good relationship

To serve as a useful adjunct in establishing continuing bargaining relationship

To strengthen the spirit of voluntary settlement

Page 69: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

ConciliationIt is defined as “The practice by which the services of a neutral third party are

used in a dispute as a means of helping the disputing parties to reduce the extent of their differences & to arrive at an amicable settlement or agreed solution”

The objective of this method is to expedite settlement of disputes & to terminate stoppages of work

Page 70: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Conciliation Officer The appropriate govt, after notifying in official gazette, can appoint Conciliation

officers or constitute a board of conciliation permanently or for a limited period of time.

Conciliation is compulsory for Public utility services & not for private organisations

Page 71: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

Process of conciliation The conciliation officer tries to bring the two parties together, towards the

settlement of their dispute.

In this process, he listens to both the parties, either jointly or singly, & proposes a compromise or a solution to the problem, which may or may not be acceptable to the parties.

There may be many rounds of discussions & mediation.

The conciliation officer has to mediate on a particular case within 14 days & then send a report to the govt giving details of the steps taken t settle the disputes, listing the reasons for success or failure in reaching the agreement

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The Board of conciliation has to finish the work within two months & submit the report to the govt.

The Board constitutes of an equal no. of representatives of employers & employees & an independent chairman, who is selected & appointed by the govt.

On the basis of the report of the Board, the govt refers the dispute for adjudication

At the State level the Commissioners of labour, Additional Commissioners & the Deputy Commissioners of labour who are notified as conciliation officers , for dispute arising in undertaking employees than 20 workers.

Labour Officers act as Conciliation officers for disputes arising in undertakings employing more than 20 workmen.

The Conciliation proceedings for the disputes arising n industries, for which the central govt is the appropriate authority are undertaken by the State Branch officers of the Central Labour Commissioner’s Office (New Delhi)

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Court of Enquiry It is meant for settlement of disputes.

It consists of one or more members, which is decided by the appropriate govt.

A Court of Enquiry has to submit its report in writing to the govt within 6 months from the commencement of the enquiry.

This report is published by the govt periodically.

The ID provides the procedure for a court of enquiry & its proceedings are judicial in nature which the meaning of Sections 193 & 228 of the IPC 1980

Page 74: GRIEVANCE PROCEDURE & DISCIPLINE MNAGEMENT

ArbitrationIts decision is binding on the parties

The arbitrator gives his judgment on the basis of evidences submitted by employers & employees.

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Differences between Arbitration & Adjudication

ARBITRATION ADJUDICATION(COMPULSORY ARBITRATION)

1. It is a voluntary method of resolving the industrial disputes

1. It is compulsory & is the ultimate remedy for resolving industrial disputes provided by the ID Act, 1947

2. The power to refer an industrial dispute to an arbitrator is derived from the written agreement made

2. The power to adjudicate upon is statutory in the sense it is derived from the provisions of ID Act 1947 & it is the appropriate government which refers industrial disputes to the adjudicatory bodies like labour courts & industrial tribunals.

3. Arbitrators are specified in the written agreement

3.The presiding officers of the adjudicationary bodies are appointed by the appropriate government & will consist one person only.

4. The appropriate govt can issue notification to the parties who are not bound by the arbitration agreement

4. No such provisions when a dispute is referred to labour courts/tribunals

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Labour Courts

This is one of the adjudicatory bodies provided by ID Act which empowers the appropriate govt to constitute a labour courts & refer such disputes which are given by the second schedule of the Act.

Labour Court consists of one person only, who is called the Presiding officer, & who is or been a judge of high Court

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Industrial Tribunals

This is also a one man body

The third schedule of ID Act, mentions the matters which fall within the jurisdiction of Industrial tribunals

Industrial Tribunals have wider jurisdiction than labour courts

In Industrial Tribunals, the presiding officer can have two assessors to advise him in the proceedings, & the appropriate government is empowered to appoint the assessors.

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National Tribunals

It can deal with any dispute specified in schedules I & II of the Act.

The Central govt is empowered to constitute a body if it opinions:

The industrial dispute on hand involves questions of “national importance”

The industrial disputes is such of such a nature that undertakings established in more than one state are likely to be affected by such a dispute

Two assessors can be appointed by the Central govt to assist the National Tribunals.

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CONCLUSIONFor an effective working of any organisation, existence of a very good & fair grievance Procedure & Discipline management system is very much essential is the organization.

So, every organisation should implement an effective system to settle the disputes & grievance very quickly to facilitate the smooth flow of organisational activities.

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