Grievances & discipline, Trade union & Association
-
Upload
swati-garg -
Category
Recruiting & HR
-
view
104 -
download
0
Transcript of Grievances & discipline, Trade union & Association
6/18/2016 2Grievances & discipline, Trade union & Associations
An employee’s dissatisfaction or feeling of personal
injustice relating to his employment.
According to “Beach”
Any dissatisfaction or feeling of
injustice in connection with one’s employment situation that
is brought to the notice of the management.
6/18/2016 3Grievances & discipline, Trade union & Associations
Factual
Grievances arise when legitimate needs of employee remain unfulfilled.
Imaginary
An employee’s dissatisfaction is not because of any valid reason but because of a wrong perception, attitude or wrong information.
Disguised
An employee may have dissatisfaction for reasons that are unknown to himself.
6/18/2016 4Grievances & discipline, Trade union & Associations
Economic
Work environment
Supervision
Work group
Miscellaneous
6/18/2016 5Grievances & discipline, Trade union & Associations
•On production include :
• Low quality of production
• Low quality of production and productivity
• Increase in the wastage of material,
spoilage of machinery.
• Increase the cost of production per unit.
6/18/2016 6Grievances & discipline, Trade union & Associations
•On the employee :
•Increase the rate of absenteeism and turnover.
•Reduce the level of commitment, sincerity and
punctuality.
•Increase the incidence of accidents.
•Reduce the level of employee moral.
6/18/2016 7Grievances & discipline, Trade union & Associations
•On the managers :
•Strains the superior-subordinates relations.
•Increase the degree of supervision, control and
following up.
•Increase in indiscipline cases.
•Increase in unrest and there by machinery to
maintain industrial peace.
6/18/2016 8Grievances & discipline, Trade union & Associations
• Identify grievances
• Define correctly
• Collect data
• Analyze and solve
• Prompt redressal
• Implement and follow up
Aggrieved Employee
Departmental Representative
Head of Department
Grievance Committee
Chief Executive
Voluntary Arbitration
Settlement of grievance
6/18/2016 10Grievances & discipline, Trade union & Associations
•Observation
•Grievance procedure
•Grip boxes
•Open door policy
•Exit interview
•Opening surveys
6/18/2016 11Grievances & discipline, Trade union & Associations
The management can know the employee feelings and
opinion about the company’s policies.
With the existence of a grievance handling procedure, the
employee gets a chance to express his feelings.
It keeps on the supervisor’s attitude and behavior towards
their subordinates.
The moral of the employees will be high with the existence
of proper grievance handling procedure.
6/18/2016 12Grievances & discipline, Trade union & Associations
• Conformity with statutory provision
• Unambiguity
• Simplicity
• Promptness
• Training
• Follow up
6/18/2016 13Grievances & discipline, Trade union & Associations
Know your facts- be confident
Whenever possible, through the burden of proof on
the management.
Stick to the point –be business like
Settle the Grievance at the first step
Take a positive position – Not defensive
Disagree with dignity
Be Prompt – Follow the Grievance through
6/18/2016 14Grievances & discipline, Trade union & Associations
Treat each case as important and get the grievance in
writing.
Talk to the employee directly. Give him a patient hearing.
Discuss in a private place. Ensure confidentiality, if
necessary.
Handle each case within a timeframe.
Examine company provisions in each case. Identify
violations, if any. Do not hold back the remedy if the company
is wrong.
6/18/2016 15Grievances & discipline, Trade union & Associations
Get all relevant facts about the grievance.
Gather information from the union respective, what he
has to say, what he wants, etc.
Control your emotions, your remark and behavior.
Maintain proper records and follow up the action taken
in each case.
6/18/2016 17Grievances & discipline, Trade union & Associations
A process of controlling one's behaviour and actions, either through self motivation or through teaching and punishment.
According to R.D. Calhoon, ‘Discipline is the force that prompts individuals or groups to observe rules and
regulations, standards and procedures deemed necessary for an organization.
6/18/2016 18Grievances & discipline, Trade union & Associations
Negative Discipline
Positive Discipline
Self Discipline and control
6/18/2016 19Grievances & discipline, Trade union & Associations
Basis Negative Positive
Concept It is adherence to established norms and
regulations, out of fear of punishments
It is the creation of a conducive climate in an
organization so that employees willingly
conform to the established rules.
Conflict Employees do not perceive the corporate
goals as their own.
There is no conflict between individual and
organizational goals.
Supervision Requires intense supervisory control to
prevent employees from going off the track.
Employees exercise self control to meet
organizational objectives.
6/18/2016 20Grievances & discipline, Trade union & Associations
•Self Disciple and control
By self discipline is meant the training that corrects,
modules and strengths. It refers to one’s efforts at self-
control for the purpose of adjusting oneself to certain
needs and demands.
6/18/2016 21Grievances & discipline, Trade union & Associations
Misconduct is a violation of established rules and procedures. It is an act which is prejudicial to the interest of the organization. It is a serious form of indiscipline against
the management. The different form of indiscipline include:
• Inconsistent behavior of employee and deviation from the
standard behavior
• Unsafe behavior of employees
•When employee is abusive, disturb the peace and is
negligent towards his duties.
• Immoral actions of the employees.
6/18/2016 22
Common Discipline Problems
Attendance related problem • Unexcused Absence
•Leaving without permission
•Excessive tardiness
Dishonesty related problems • theft and unsafe acts
• change employee applications and
records
•Willfully damaging factory assets
Performance related problem • failure to complete assigned work
• Producing substandard products
Off the job behavior problem •Insubordination
•Smoking
•Fighting
•Carelessness
•Sleeping while at work
Grievances & discipline, Trade union & Associations
6/18/2016 23Grievances & discipline, Trade union & Associations
1. Absence of effective leadership
2. Unfair management practices
3. Communication barrier
4. Non uniform disciplinary action
5. Divide and rule policy
6. Inadequate attention to personal problems
7. Excessive pressures
6/18/2016 24Grievances & discipline, Trade union & Associations
Because of legal concern, manager must understand discipline and know how to administer equitably. General
guidelines in administrating discipline include making disciplinary action corrective, making disciplinary action
progressive and following the “Red Hot Stove Rule”.According to Red Hot Stove Rule, disciplinary action should have the following consequences:
1. Burns Immediately
2. Provides warnings
3. Gives consistent punishments
4. Burns impersonally
6/18/2016 25Grievances & discipline, Trade union & Associations
There are two ways of dealing employees who do
not obey rules and regulations.
1. Positive discipline approach
2. Progressive discipline approach
6/18/2016 26Grievances & discipline, Trade union & Associations
Positive discipline, based upon reminders, is a cooperative
discipline approach where employees accept responsibilities
for the desired behavioral change. The focus is on coping with
the unsatisfactory performance and dissatisfaction of
employees before the problem become major.
6/18/2016 27Grievances & discipline, Trade union & Associations
Oral Reminder
Written Reminder
A Decision Making Leave
6/18/2016 28Grievances & discipline, Trade union & Associations
In a progressive discipline system, the employee is given
ample warning of performance or other work related
problems. Failure to change his or her behavior is
accompanied by increasingly harsher disciplinary action.
Due process is based on the action that employees have the
right to be treated fairly particularly when being disciplined.
6/18/2016 29Grievances & discipline, Trade union & Associations
Improper Behavior
Does this violation warrant disciplinary action?
Does this violation warrant more than an oral warning?
Does this violation warrant more than a written warning?
Does this violation warrant more than a suspension
TERMINATION
No disciplinary Action
Oral Warning
Written Warning
Suspension
NO
NO
NO
YES
YES
YES
YES
6/18/2016 30Grievances & discipline, Trade union & Associations
1. Issuing a letter of charge
2. Consideration of explanation
3. Show-cause notice
4. Holding of a full fledged enquiry
5. Making a final order of punishment
6. Follow Up
6/18/2016 31Grievances & discipline, Trade union & Associations
1. Rules and performance criteria
2. Documentation of the facts
3. Training of supervisors
4. Centralization Of discipline
5. Impersonal Discipline
6. Progressive Discipline
7. Discipline should be fair
8. Disciplinary action should be prompt
9. Discipline shall be flexible and consistent
6/18/2016 32Grievances & discipline, Trade union & Associations
1. Suspension
2. Termination
3. Fine
4. Demotion to a lower grade
5. Warnings
6/18/2016 33Grievances & discipline, Trade union & Associations
This code was formulated after serious discussion and
deliberations on the recommendations of the Indian Labor
Conference Held in New Delhi in July 1957.
The code of discipline- as things stand now- provides a sound
and fruitful basis for resolving differences – voluntarily-
between management and employees through face to face
negotiations without any outsider interference.
6/18/2016 34Grievances & discipline, Trade union & Associations
1. Maintain peace and order in industry
2. Promote constructive criticism at all levels at all levels
of management and employment
3. Avoid work stoppage in industry
4. Secure the settlement of disputes and grievances by a
mutually agreed procedures
5. Avoiding rules and regulations
6. Facilitates a free growth of trade unions
6/18/2016 36Grievances & discipline, Trade union & Associations
A trade union is a formal association of workers that promotes and protects the interests of its member through collective action.
Trade union Act of 1926, the term is defined as any combination, whether temporary or permanently, formed primarily for the purpose of regulating the relation between workers and employee, or for imposing restrictive condition on the conduct of any trade or business and include any federation of two or more union.
6/18/2016 37Grievances & discipline, Trade union & Associations
Wages and salaries
Working condition
Discipline
Personnel policy
Employee-employer relation
Negotiating machinery
Safeguarding organizational health and the interest
of the industry
6/18/2016 38Grievances & discipline, Trade union & Associations
Militant or protective or intra mutual
functions
Fraternal or extramural function
Political function
Social function
6/18/2016 39Grievances & discipline, Trade union & Associations
Improve their bargaining power
Voice their concerns, grievances problem etc in a united manner
Have a platform for self expression and cross fertilization of ideas,
thoughts, feeling concerning work, working conditions, work
environment etc.
Minimize discrimination and favoritism especially in matter relating to
pay, transfer promotion etc.
Secure adequate in case of illness, accident, unemployment etc.
Strike rapport with others and improve their working relationship and
thereby develop a sense of belongingness and togetherness – a feeling of
being part of a larger family with minimal conflict and tension
6/18/2016 40Grievances & discipline, Trade union & Associations
Craft union
Industrial union
General union
Federations
6/18/2016 41Grievances & discipline, Trade union & Associations
Trade union leadership
Multiple unions
Union rivalry
Finance
Others problem
Illiteracy
Uneven growth
Low membership
Heterogeneous nature of labor
Lack of interest
Absence of paid office bearers
6/18/2016 42
1. United Labor Front: Unions must put up a joint front. Multiple unions
dissipates their energies, dilute their power and reduce their
effectiveness.
2. Efficiency Leadership: Management should encourage internal workers
to lead their own movement. Management and union should provide
educational and training facilities for the development of internal
employees.
3. Membership Free: The membership fees should be raised at the
workers’ wages have increased significantly, compared to the situation in
1926 when trade union act provided for the collection of 25 paisa per
month per member as subscription fees.
Grievances & discipline, Trade union & Associations
6/18/2016 43
Trade union should extend welfare measures to the member
and actively pursue social responsibility.
The trade union act should be amended in order to avoid
dual membership.
There should be legal provision for the recognition of the
respective union.
Union should not intervene in day to day matter. They must
focus on important issues affecting workers.
Grievances & discipline, Trade union & Associations
6/18/2016 44
Early Period: Efforts towards organizing the workers for their welfare were
made, during the early period of industrial development by social workers,
philanthropists and other religious leader mostly on humanitarian ground.
Some of the important unions established during the period are:
Amalgamated Society Of Railway Servants of India and Burma (1897)
the printers union,clacutta (1905)
the bombay pistol union (1907)
the Kampar hitavardhak sabha (1910)
the social service league(1910).
But these unions were treated as adhoc bodies and could not serve the
purpose of trade unions.
Grievances & discipline, Trade union & Associations
6/18/2016 45
A Modest Beginning – the beginning of the labor
movement in the modern sense started after the outbreak
of world war 1 in the country . Economic , political and
social condition of the day influenced the growth of trade
union movement in India . Establishment of international
labor organization in 1919 helped the formation of trade
union in the country .madras labor union was formed on
systematic lines in 1919.
Grievances & discipline, Trade union & Associations
6/18/2016 46
Recommendations of National Commission on
Labor
It would be desirable to make recognition compulsory a central law in all
undertaking employee 100 or more or where the capital invested is above a
stipulated size .
A trade union seeking recognition as a bargaining agent from an individual
employee should have a membership of at least 30% of workers in the
establishment .
The minimum membership should be at least 25% if recognition is sought for
in an industry in a local area.
The minority union should be allowed only the right to represent the cases of
dismissal and discharge of their members before labor court.
Grievances & discipline, Trade union & Associations
6/18/2016 48Grievances & discipline, Trade union & Associations
Employers’ Associations came into existence as a result of the formation
of ILO (International Labor Organization) and the growing presence of
Trade Unions, especially after the First World War. The Royal
Commission on Labor, 1929, recommended that the Indian employers
need and some other factors which influenced the formation of unions of
managers, senior executives and other officers, are nationalization and
rationalization of pay and perquisites, and anomalies in pay arising from
the recommendations of Pay Commissions and Wage Boards and their
implementation.
6/18/2016 49Grievances & discipline, Trade union & Associations
This is mainly concerned with matters relating to a wide
range of employment issues including industrial relations.
Formal groups of employers set up to defend, represent
or advise affiliated employers and to strengthen their
position in society at large with respect to labor matters as
distinct from economic matters.
They may conclude collective agreements but this is not a
formal rule and cannot be an element of their definition.
6/18/2016 50Grievances & discipline, Trade union & Associations
Primary Objectives
Promote and protect the interest of employers engaged in industry,
trade and commerce in India.
Study, analyze and disseminate information relating to labor
policy, labor management relations, collective bargaining, etc.
Offer advice concerning various aspects of labor policy.
Liaise with Union Government and initiate steps that are
representative and legislative in nature.
6/18/2016 51Grievances & discipline, Trade union & Associations
Train and develop staff and members.
Obtain data on wages and conditions of work in industries attached to
them. Come out with surveys, research-based reports on issues of
importance to both labor and management.
Take up projects for social and family welfare.
Deal with safety and health at work place and working environment.
Initiate steps to improve public image and improve public relations.
Educate the public regarding the character, scope, importance and
needs of trade, industry and commerce represented by members.
6/18/2016 52Grievances & discipline, Trade union & Associations
At present EA’s are organized at three levels:
Local Organizations: They serve the interests of local businessmen.
The Bombay Mill Owners Association, for example, has been formed
to protect the local interests of manufacturing units operating within
the city. Such bodies operate through the local chambers of commerce.
Regional Organizations: The regional outfits such as Employers’
Federation to South India, Employers 'Association, Calcutta are
affiliated to central employers organization. They offer consultancy
service; take care of training, safety and welfare measures on behalf of
their members. They even have special committees for specific region
or industry related problems.
6/18/2016 53Grievances & discipline, Trade union & Associations
Central Organizations: AIOE, EFI, IOE operated
as apex bodies governing the affairs of several
regional, local associations. To have better
coordination a super structure called the Council of
Indian Employers was formed in 1956, bringing AIOE
and EFI under one umbrella.
6/18/2016 54Grievances & discipline, Trade union & Associations
AlOE: The All India Organization of Employers is a unitary type of
organization, setup in 1953; members hail from manufacturing, banking,
insurance, commercial establishments; and has no sub Organization on an
industrial or geographical basis. The President is elected every year.
IOE: International Organization of Employers, represents the interests
of employers in all social and labor matters at the international level.
Founded in 1920 with headquarters in Geneva, it has a membership of
Employers’ Associations from over 100 countries. The Central Council
of Indian Employers is a matter of IDE.
6/18/2016 55
EFI: The Employers’ Federation of India has a federal
structure formed in 1933, it has governing body executive
committee and the secretariat.
The governing body formulates policies, the executive
committee implements policies and the secretariat with its
own permanent staff is responsible for carrying out the
decisions of the governing body.
It had only four presidents in over 50 years. EFI was
registered as a trade union in 1963 under the Indian Trade
Unions Act of 1926.
6/18/2016 56
The employers’ associations may be registered under any of
the following pieces of legislation: The Trade Union Act,
1926; the Indian Companies Act, 1956; or the societies
registration Act,1960. The AIOE, as started previously
remained a registered body under the Indian Trade Union Act.
This helped AIOE to take up test cases before the courts and
industrial tribunals. This is mainly done to avoid the burden of
income tax on its steadily growing income.