grievances & discipline, union & association

04/11/2023 1Grievances & discipline, Trade union & Associations

Presented By:Swati Garg

Grievances & DisciplineTrade Union & Employee Association


Grievances

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.


Forms of grievances

FactualGrievances arise when legitimate needs of employee remain unfulfilled.

ImaginaryAn employee’s dissatisfaction is not because of any valid reason but because of a wrong perception, attitude or wrong information.

DisguisedAn employee may have dissatisfaction for reasons that are unknown to himself.


Causes of Grievances

Economic

Work environment

Supervision

Work group

Miscellaneous


Effects of Grievances

•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.


•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.


•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.


Step in the Grievance procedure

• Identify grievances

• Define correctly

• Collect data

• Analyze and solve

• Prompt redressal

• Implement and follow up

Model Grievance Procedure

Aggrieved Employee

Departmental Representative

Head of Department

Grievance Committee

Chief Executive

Voluntary Arbitration

Settlement of grievance

48Hours

03DAYS

07Days

07Days


methods of grievances

•Observation

•Grievance procedure

•Grip boxes

•Open door policy

•Exit interview

•Opinion surveys


Advantages of grievance handling

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.


• Conformity with statutory provision

• Unambiguity

• Simplicity

• Promptness

• Training

• Follow up

Essential Prerequisites of a Grievance Procedure


How to Present a Grievance ?

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


Guidelines for Handling Grievances

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.


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.


EMPLOYEEDISCIPLIN

E


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.

Definition


For Examine discipline, there are three ways:

Negative Discipline

Positive Discipline

Self Discipline and control


Basis Negative Positive

Concept It is adherence to established norms and

regulations, out of fear of punishments

It is the creation of a healthy 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.


• 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.


Misconduct or IndisciplineMisconduct 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.

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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


Causes of Indiscipline

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


Red Hot Stove RuleBecause 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


Approaches to Discipline

There are two ways of dealing employees who do

not obey rules and regulations.

1. Positive discipline approach

2. Progressive discipline approach


Positive Approach

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.


Conference b/w employee & supervisor

Oral Reminder

Written Reminder

A Decision Making Leave

Process


Progressive Approach

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.


ProcessImproper 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

NOYES

YES

YES

YES


Disciplinary Action

1. Issuing a letter of charge/ charge sheet

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


Essential of a good Disciplinary System

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


Methods of Discipline

1. Suspension

2. Termination

3. Fine

4. Demotion to a lower grade

5. Warnings


Code of Discipline

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.


Objectives

1. Maintain peace and order in industry

2. Promote constructive criticism at all levels at 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


TRADE

UNION


Definition

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.


Wages and salaries

Working condition

Discipline

Personnel policy

Employee-employer relation

Negotiating machinery

Safeguarding organizational health and the interest

of the industry

Objectives


Function

Militant or protective or intra mutual

functions

Fraternal or extramural function

Political function

Social function


Importance 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


Craft union

Industrial union

General union

Federations

Union Structure


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

Union Problem

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Measures to strengthen Trade Union Movement in India

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.


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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.

Other Measures


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Growth of Trade Union Movement and Membership

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.


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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.


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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.



EMPLOYEEASSOCIATION


Origin and Growth

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.


Introduction

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.


ObjectivesPrimary 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.


Secondary Objectives

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.


StructureAt 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.


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.


Different EA’s of Central Organization in India

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.

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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.

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Legal Status

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.


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