Grivence Handling 1

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DISCIPLINE & GRIVENCE

HANDLING



2

• Discipline is a force that prompts

individuals or groups to observe

the rules. Regulations and

procedure, which are essential forthe effective functioning of an

organization.



3

OBJECTIVE OF DISCIPLINE

• To gain willing devotion of the rules, regulations and

procedure of an organization .• Element of uniformity despite several differences in

informal behaviour

• Desire among employees to make adjustments

• Seek direction and responsibility among employees

• Atmosphere of respect for the human relation

• Enhance the working efficiency and morale of the

employees



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TWO SIDES OF DISCIPLINE

• Positive discipline

*positive support and reinforcement forapproved actions

*molding behavior and developing in asupportive manner

*adequate compensation and incentives

*appropriate avenues for career growth and

advancement, proper evaluation of performance and reinforcement of approved personnel behavior or actions

*self control




Negative discipline

• They do not show the desired

standard of behavior

• Discipline programmed forces and

constraints the employees to obey

orders and functions in accordancewith set rules and regulations of the

organization through warnings

,penalties and other forms of

punishment



6

ELEMENTS OF DISCIPLINE

• Establishment of specific rules for work

• Seek employees advice and feedback on rules

• Mechanism for assessment

• System of administering punishment and motivates people forchange



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DISCIPLINARY PROCEDURE

• Issuing a letter of charge to the employee

• Consideration of the explanation

• Show-cause notice

•

Holding of a full-fledged enquiry

• Follow-up




COMMUNICATION ASPECTS IN DISCIPLINARY

MATTERS

• Simple and straight forward language

• Factual details

• Clearly explained notice

•

Last Date for submitting the show cause• Separate annexure

• Legal aspects of communication

• Order of punishment

• Charge sheet may be sent either personally or by post

• Letter must state specifically




Letter of show cause notice

• Mr. Ajay Kumar

Watchman

Mohit motors ltd

New DelhiSub: reference to night inspection on 15-11-04




Reply to show cause letter

• Mr. Rakesh Sharma

The assistant personnel manager

Mohit motors ltd.

New Delhi

Sub: Sleeping on duty



Case Study

• XYZ Companynumber of Employees:75number of non-roll employees: 65

and the strength of contract labor: at present (non season) 130during season it may go up to 900

last week one of our employee working as a labour supervisor who entered in toquarrel and subsequently beaten up a van driver, whom we hired for the labourtransportation.

though he(van driver) is a contract labour, he was beaten up while returning tofactory after dropping the labours but this happen 1 km away from our premises.

the van driver is working for our organization more than one year and having thesupport from our employees(drivers who comes under roll and non-roll as wellother employees too) at the same time the employee(labour supervisor) plays amajor roll in providing contract labour to the factory and also he is from local.




SOME DO’S AND DON’TS IN

CORRESPONDENCE

Do’s • Attractive and give details Accurately• Correspondent is supposed to reply• Letter looks beautiful and pleasing• Envelope must be typed with care• Address coincide with the window• Be courteous• check before signing• check enclosures•

Check dates• precise and clear• Reply promptly




Don’ts

• Do not delay a reply but do not also be in a hurry

• Do not be confused or long winded

• Never be rude

• Do not be unfair

• personal attack or personal criticism

• Do not miss any relevant points

• Do not write to a wrong person

• Do not use jargon

• Do not use clichés

• Don’t violate any Do’s


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I. Did the employee understand what was expected?

II. Did the employee know in advance?

III. Is the rule that was violated reasonably related to the safe, efficient, and orderlyoperation of the organization?

IV. Is there substantial evidence that the employee actually did violate the rule?

V. Is the disciplinary action you’re planning reasonably related to

I. The seriousness of the offense?II. The employee’s record with the organization?

III. Actions taken with employees who have committed similar offenses?




When Discipline Becomes

Necessary…

Giving Feedback Describe… Don’t Judge!

Solve the problem

Maintain the relationship

Goals…




What Would You Do?

Review case studies.

Identify the key issue(s).

Discuss with your group how you as a supervisor

would handle (solve) the discipline problem.

Record recommendations.

Then, brainstorm from the employees point of

view and record.

Report your findings to the whole group.




We can punish intocompliance, but

We cannot punish intocommitment

The Key is tomove:From

Punishing PeopleTo

ConfrontingProblems



Code Of Discipline In Industry

• To maintain harmonious relations and

promote industrial peace, a Code of Discipline

has been laid down which applies to both

public and private sector enterprises.

• It specifies various obligations for the

management and the workers with the

objective of promoting cooperation betweentheir representatives.



Objectives of Code of Discipline

• Maintain peace and order in industry.

• Promote constructive criticism at all levels of management

and employment.

• Avoid work stoppage in industry

• Secure the settlement of disputes and grievances by a

mutually agreed procedure

• Avoiding litigations

•

Facilitate a free growth of trade unions• Eliminate all forms of coercion, intimidation and violations of

rules and regulations governing industrial relations.



Code is based on the principles:

• There should be no strike or lockout without prior notice.

• No unilateral action should be taken in connection with any industrial

matter

• Employees should follow go slow tactics

• No deliberate damage should be caused to a plant or property

• Acts of violations, intimidation and coercion should not be resorted

• The existing machinery for the settlement of disputes should be utilized.

• Actions that disturb cordial relationships should be avoided.



GrievanceAccording to Michael Jucius, “ A grievance can be any discontent or

dissatisfaction, whether expressed or not, whether valid or not, and arisingout of anything connected with the company that an employee thinks,believes, or even feels as unfair, unjust, or inequitable.”

A grievance means any discontentment or dissatisfaction in an employee

arising out of anything related to the enterprise where he is working. It

may not be expressed and even may not be valid.It arises when an employee feels that something has happened or is going to

happen which is unfair, unjust or inequitable. Thus, a grievance represents

a situation in which an employee feels that something unfavorable to him

has happened or is going to happen. In an industrial enterprise, an

employee may have grievance because of long hours of work, non-fulfillment of terms of service by the management, unfair treatment in

promotion, poor working facilities, etc.



Nature of Grievance Grievances are symptoms of conflicts in the enterprise. Just like smoke

could mean fire, similarly grievances could lead to serious problem if itis not addressed immediately! So they should be handled verypromptly and efficiently.

While dealing with grievances of subordinates, it is necessary to keep inmind the following points:

– A grievance may or may not be real.

– Grievance may arise out of not one cause but multifarious causes.

–

Every individual does not give expression to his grievances.



Forms of Grievances A grievance may take any of the following forms:

• Factual: When an employee is dissatisfied with his job, for genuine or factual reasons like a

breach of terms of employment or any other reasons that are clearly attributed to themanagement, he is said to have a factual grievance. Thus, factual grievances arise when the

legitimate needs are unfulfilled. The problem that he has is real and not virtual

• Imaginary: When an employee’s grievance or dissatisfaction is not because of any factual or

valid reason but because of wrong perception, wrong attitude or wrong information he has.

Such a grievance is called an imaginary grievance. Though it is not the fault of management,

the responsibility of dealing with it still rests with the management. So the problem is notreal. It is in the mind or just a feeling towards someone or something. So be careful your

grievances could be very much imaginary!

• Disguised: An employee may have dissatisfaction for reasons that are unknown to himself.

This may be because of pressures and frustrations that an employee is feeling from other

sources like his personal life. I am sure you will agree that if you have fought at home and

come to the institute, you cannot concentrate in the class. Similarly if you have had a bad

day in the institute, that will reflect in the mood at home. We are all humans and are

sensitive to the environment that we operate in!



Identifying Grievances • Exit interview: Employees usually quit organizations due to dissatisfaction or better prospects

elsewhere. Exit interviews, if conducted carefully, can provide important information aboutemployees’ grievances. This can help the management to gather feedback and to genuinely

incorporate feedback. The management should carefully act upon the information drawn fromsuch employees .It should be careful that the discontentment is reduced so that no moreemployees quit the organization because of similar reasons.

• Gripe Boxes: These are boxes in which the employees can drop their anonymous complaints. Theyare different from the suggestion boxes in which employees drop their named suggestion with anintention to receive rewards It is normally said that if you want to progress in life, you should beclose to critics. These gripe boxes can perform the role of critics for the organisation. The

management should carefully act upon the information thus gathered. Now I don’t want to soundrepetitive by saying that the internal customers of an organisation should be satisfied if theexternal customers are to be kept happy.

• Opinion Survey: The management can be proactive by conducting group meetings, periodicalinterviews with employees, collective bargaining sessions etc. through which one can getinformation about employees’ dissatisfaction before it turns into a grievance.

• Open-door Policy. Some organisation extend a general invitation to their employees to informallydrop in the manager’s room any time and talk over their grievances. This can be very effectivebecause it ca n nip the evil in the bud. That is it can take care of the problem before it gets out of hand. In fact the management should hold formal and informal get together with the employees.The management should also remember that the employees might just need a patient hearing attimes. They need blow off the steam as we hear it more commonly.



Grievances Classification

(1) Grievances resulting from working conditions – Improper matching of the worker with the job.

– Changes in schedules or procedures. – Non-availability of proper tools, machines and equipment for doing the

job.

– Unreasonably high production standards.

– Poor working conditions.

– Bad employer – employee relationship, etc.

(2) Grievances resulting from management policy

– Wage payment and job rates.

– Leave.

– Overtime.

– Seniority and Promotional.

– Transfer.

– Disciplinary action.

– Lack of employee development plan.

– Lack of role clarity.



Grievances Classification

•

(3) Grievances resulting from personalmaladjustment

• (i) Over – ambition.

• (ii) Excessive self-esteem or what we better know as

ego.

• (iii) Impractical attitude to life etc.



Effects of Grievances: – Frustration

– Alienation

– De-motivation

– Slackness

– Low Productivity

– Increase in Wastage & Costs

–

Absenteeism

– In discipline

– Labour unrest



Establishing a Grievance Procedure

• A grievance should be dealt with in the first instance at the lowest level: that is, an employeeshould raise his grievance with his immediate superior. It may be simple to settle it on the spot

and that will be the end of it. Even if it cannot be settled at that level, the man’s superior willknow what is happening. This is necessary not only to maintain his authority, but also toprevent him from being aggrieved, as he will certainly be, if he is by-passed and hears of thecomplaint from his own superior.

• It must be made clear to the employee what line of appeal is available. If he cannot getsatisfaction from his immediate superior, he should know the next higher authority to whichhe can go.

•

Since delay causes frustration and tempers may rise and rumors spread around the work, it isessential that grievances should be dealt with speedily. As it is said that a stitch in time savesnine, similarly the problems of the employees should be taken care of by the managementleast it should become a major for the management.

• The grievance procedure should be set up with the participation of the employees and itshould be applicable to all in the organisation. The policies and rules regarding grievancesshould be laid down after taking inputs from the employees and it should be uniformlyapplicable to all in the organisation. It should be agreed that there would be no recourse to the

official machinery of conciliation unless the procedure has been carried out and there is stilldissatisfaction, and moreover, there must be no direct action on either side, which mightprejudice the case or raise tempers while the grievance is being investigated.



Guidelines for Effective Grievance Handling

• The complaint should be given a patient hearing by his superior. He should be allowed to expresshimself completely. The management should be empathetic.

• The superior should try to get at the root of the problem. It should be remembered that symptomsare not the problems. It should also be noted that if there are symptoms, there would be a problemas well.

• The management must show it anxiety to remove the grievances of the workers. The workersshould feel that the management is genuinely interested in solving its problems.

• If the grievances are real and their causes located, attempts should be made to remove the causes.

• If the grievances are imaginary or unfounded, attempts should be made to convince the workers.

• Every grievance must be handled within the reasonable time limit. I am sure you will agree withthis. Imagine you have a genuine problem and you share it with the authorities. You will also expectimmediate action taken to take care of your problem.



Guidelines for Effective Grievance Handling

• All grievances should be put into writing. Some proofs required aswell….

• Relevant facts about the grievance must be gathered. The

management should not haste!

• Decision taken to redress the grievance of the worker must becommunicated to him.

•

Follow up action should be taken to know the response of the forcedemployee. This is to make sure that he is happy or not! At the end of the day the satisfaction of the aggrieved party is necessary.



ESSENTIALS OF A GRIEVANCE PROCEDURE

A grievance procedure should incorporate the following features:

• 1. Conformity with existing legislation: The procedure should be designed in

conformity with the existing statutory provisions. Where practicable, theprocedure can make use of such machinery as the law might have alreadyprovided for.

• 2. Acceptability: Everybody must accept the grievance procedure. In order tobe generally acceptable, it must ensure the following:

• A sense of fair-play and justice to the worker,• Reasonable exercise of authority to the manager, and

• Adequate participation of the union.

• 3. Simplicity: The following points should be noted in this regard:

The procedure should be simple enough to be understood.

• The steps should be as few as possible.• Channels for handling grievances should be carefully developed.

• Employees must know the authorities to be contacted at various levels.

• Information about the procedure should be thoroughly disseminated among allemployees through pictures, charts, diagrams, etc.



ESSENTIALS OF A GRIEVANCE PROCEDURE

• 4. Promptness: Speedy settlement of a grievance is the cornerstone of a soundpersonnel policy. It should be remembered that justice delayed is justice denied. The

procedure should aim at a rapid disposal of the grievance. This can be achieved byincorporating the following feature in the procedure: – As far as possible, grievances should be settled at the lowest level

– No matter should ordinarily be taken up at more than two levels, i.e. normally there shouldbe only one appeal.

– Different types of grievances may be referred to appropriate authorities.

– Time limit should be placed at each step and it should be rigidly followed at each level.

• 5. Training: In order to ensure effective working of the grievance procedure, it isnecessary that supervisors and the union representatives should be given training inworking of the grievance procedure. All the policies should be conveyed to theconcerned parties.

• 6. Follow-up: The personnel department should review the working of the grievanceprocedure periodically and necessary changes should be introduced to make it more

effective. This is generally ignored by the organizations. A regular follow up of thesystem increase the faith of the people in the system. Therefore it is necessary thatthe grievance procedure should be reviewed whenever it is so required.



GRIVENCE HANDLING PROCEDURE



Arbitration.

• Arbitration is an alternative dispute resolution method where thedisputing parties involved present their disagreement to onearbitrator or a panel of private, independent and qualified thirdparty “arbitrators.”

• Arbitration is a formal process similar to litigation but where the

hearing is in private in front of a nominated third party, thearbitrator, who makes a binding decision. The arbitrator is not acourt judge but rather an industry-specific expert or otherwise awell-qualified individual who both parties agree is suitable forresolving their dispute.

• Arbitration is a legally based process that involves much of the

procedure and type of argument that occurs in a court trial.However, arbitration is private. Like a court trial, it is concernedmuch more with fair treatment of the parties involved thanachieving a precise legal agreement



Advantages of arbitration:

• The parties can choose who is to be their arbitrator and this means theycan choose a person with the particular expertise involved in their dispute

• The arbitral process is private and confidential to the parties and thearbitrator

• An arbitration may be held anywhere that is convenient, at any suitabletime.

• Arbitration is flexible. Its procedure can be tailored to a particular disputeto make the best use of time whilst still ensuring a proper consideration of the matters in dispute

• An arbitrator's award can be enforced over all other dispute resolutionmethods (except litigation and arbitration) just like a court judgment,provided it followed from a properly written arbitration agreement.

Furthermore, it can be enforced in another country, if that country is oneof 140 that have adopted the 1958 New York Convention on theRecognition and Enforcement of Foreign Awards.



Disadvantages

• Arbitration can be costly if the parties select a very eminent

arbitrator and engage expensive lawyers or other

professionals to assist their case

• The procedure and process used in an arbitral process can be

complex

• It is possible to appeal an arbitrator's decision, so delaying

finality, particularly if the dispute relates to an important

point of law

• Legal aid is generally not available for arbitration forarbitration



Suitable Method if:

• the parties want privacy

• they do not share the same legal jurisdiction

• the nature of the dispute is specialized

• one or both parties want swift/Quick

resolution of the dispute



CONCILIATION

• Conciliation is a process by which representatives of bothworkers and employers are brought together before a thirdparty with a view to persuading them arrive at some sort of settlement.

• Conciliation is an extension of collective bargaining withthird party assistance.

• It is the practice by which the services of a neutral thirdparty are used in a dispute as a means of helping thedisputing parties to reduce the extent of their differencesand to arrive at an amicable settlement or agreed solution.It is a process of rational and orderly discussions of differences between the parties to a dispute under theguidance of a conciliator.

M i



Meaning

• Part 3 of the act deals with conciliation.³Conciliation´ means settlingof disputes without litigation.´ Conciliation is the process by whichdiscussion between parties is kept going through the participationof the conciliator. The main difference between arbitration andconciliation is that in arbitration proceedings the award is thedecision of arbitral tribunal while in the case of conciliation thedecision is that of the parties arrived at with the assistance of theconciliator.

• The Parties are at liberty to evolve their own procedure of conciliation for negotiating and arriving at settlement of disputes .It is only when no such agreement or procedure has been evolved

by the parties that the parties that the provisions of part 3 of theact are invoked and made applicable.



• Conciliation machinery consists of:

– Conciliation officer

– Board of conciliations.

The conciliator induces the parties to a course of action. He plays the roles of an innovator,protector, discussion leader, stimulator, advisor,face saver. He acts as a safety value and a

communication link. The task of conciliation is tooffer advice and make suggestions to the partiesto the dispute on controversial issues.



Essential qualities of a conciliator

• Independence and impartiality

• A conciliator should never allow conciliation proceedings beforehim to constitute a mere formality or a step on road to arbitration.

• Since a conciliator has to deal with different persons and has topreside over their joint meetings in conciliation proceedings, he notonly needs tact and ability to guide and control their jointdiscussions, but must also give an impression of expression,responsibility, clear-headedness and mature judgment. He must beto show others that he possesses enough common sense and

practical â€“mindedness.more at



Cont….

• A conciliator should have a friendly personality, a sense of

humor, especially for releasing tensions of joint discussions. A

special alacrity of mind will enable him to grasp quickly and

analyze rapidly the main elements of controversy.

• A conciliator should be fully familiar with the law and

regulations concerning industrial relations and the settlement

of industrial disputes.



Difference between conciliation and Arbitration

and Arbitration

• The method of conciliation is generally applicable to existing

disputes, while the mode of arbitration is available for existing

as well as for the future disputes

• The conciliation proceedings start by sending a written

invitation and written acceptance thereof in between theparties. The invitation may be accepted or rejected by the

other party as it has no binding effect, being an invitation

only. The prior written agreement in arbitration commands

abiding effect upon the parties and its breach by resorting tocourt, compels court to refer the matter to the arbitration and

parties are bound by the arbitral agreement



Cont…

• For adopting the method of conciliation, thereis no need for a prior agreement for resortingto this method, but in arbitration a prior

agreement for arbitration between the partiesis required.

• The pre-agreement in arbitration must be inwriting but since no preagreements are

required in conciliation, there is no suchbinding in the case of conciliation



Cont…

• While conciliation proceedings are in progress, there

is a bar on parties from initiating arbitral or judicial

proceedings as per section 77 of the new act 1996.In

arbitration, the arbitral agreement itself suggest forredressed of disputes through arbitration and if any

party approaches court, the other party may request

the court to refer the matter to arbitration and court

is bound to refer such matter to the arbitral Tribunal



• A settlement agreement may be made by theparties themselves and the conciliator shallauthenticate the same. An arbitration award onother hand, is not merely a settlementagreement but it is judgment duly signed by thearbitrator.

• The conciliation proceedings may be unilaterally

terminated by a written declaration by a party tothe other party and the conciliator, butarbitration proceedings cannot be so terminated.



JOINT MANAGEMENT COUNCIL

JMCs represent a higher form of workers

participation in management.

The aim is to change the social structure of

enterprises from inside.

They lead the private sector to fit into the

framework of socialist order – the idea that

socialist order should be achieved by gradualand peaceful changes.

FOLLOWING REQUIREMENTS FOR



FOLLOWING REQUIREMENTS FOR

SETTING UP JMCS:

• It must have 500 or more employees.

• It should have a fair record of industrial relations.

• It should have a strong and well organized trade

union.• Willingness of employers, workers and trade unions.

• The union should be affiliated to one of the central

federations.



FEATURES JMC

• Each organization shall decide about the councils.

• The tenure of the councils should be 2 years.

• Chief executive shall be the chairman .

• A Secretary should be appointed.

• Meeting at least once in a quarter .

• Decisions based on consensus not by voting.



FUNCTIONS OF JMC

• Settlements of matters .• Unit level matters having bearing in/on other branches or on

enterprise .

• Development of skills ,safety measures.

• Improvement of general conditions of work.

• Preparation of schedules of working hours and holidays.• Proper recognition and appreciation of useful suggestions of

workers .

• All matters, such as, wages, bonus etc, which are subjects forcollective bargaining are excluded from the scope of the council.

Individual grievances are also excluded from its scope.



LOOPHOLES

• Important issues are forbidden.

• Weakening of Trade unions .

• Absence of representative union.



Mediation

• A mediation has often been defined as an assisted

negotiation. I believe that a better way of analyzing

the mediation process is to look at the mediator as a

catalyst, who supports the negotiation process atevery stage.

• Mediation has also become the principal method of

dispute resolution in countries like Sri Lanka, where

specialized Mediation Boards have been establishedas well as in countries in the far East, like China and

Japan.



Mediation process:

• Convening process and preliminary arrangements

• Mediation introduction and laying down the ground

rules for mediation

• Statements by negotiators, followed by arestatement of the problem by the mediator

• Setting the agenda for mediation

•

Facilitating the mediation, by generating options, if necessary

• Reaching a negotiated settlement

Grivence Handling 1

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