Grivence Handling 1
Grivence Handling 1
Grivence Handling 1
Discipline is a force that prompts individuals or groups to observe the rules. Regulations and procedure, which are essential for the effective functioning of an
organization.
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
Negative discipline
They do not show the desired standard of behavior Discipline programmed forces and constraints the employees to obey orders and functions in accordance with set rules and regulations of the organization through warnings ,penalties and other forms of punishment
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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 for change
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
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Case Study
XYZ Company number of Employees:75 number of non-roll employees: 65 and the strength of contract labor: at present (non season) 130 during season it may go up to 900 last week one of our employee working as a labour supervisor who entered in to quarrel and subsequently beaten up a van driver, whom we hired for the labour transportation. though he(van driver) is a contract labour, he was beaten up while returning to factory 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 the support from our employees(drivers who comes under roll and non-roll as well other employees too) at the same time the employee(labour supervisor) plays a major roll in providing contract labour to the factory and also he is from local.
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Donts
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 clichs Dont violate any Dos
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I.
II. III.
IV. V.
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Goals
Solve the problem Maintain the relationship
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dissatisfaction, whether expressed or not, whether valid or not, and arising out of anything connected with the company that an employee thinks, believes, or even feels as unfair, unjust, or inequitable.
Grievances are symptoms of conflicts in the enterprise. Just like smoke could mean fire, similarly grievances could lead to serious problem if it is not addressed immediately! So they should be handled very promptly and efficiently. While dealing with grievances of subordinates, it is necessary to keep in mind 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.
Nature of Grievance
Exit interview: Employees usually quit organizations due to dissatisfaction or better prospects elsewhere. Exit interviews, if conducted carefully, can provide important information about employees grievances. This can help the management to gather feedback and to genuinely incorporate feedback. The management should carefully act upon the information drawn from such employees .It should be careful that the discontentment is reduced so that no more employees quit the organization because of similar reasons. Gripe Boxes: These are boxes in which the employees can drop their anonymous complaints. They are different from the suggestion boxes in which employees drop their named suggestion with an intention to receive rewards It is normally said that if you want to progress in life, you should be close 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 dont want to sound repetitive by saying that the internal customers of an organisation should be satisfied if the external customers are to be kept happy. Opinion Survey: The management can be proactive by conducting group meetings, periodical interviews with employees, collective bargaining sessions etc. through which one can get information about employees dissatisfaction before it turns into a grievance. Open-door Policy. Some organisation extend a general invitation to their employees to informally drop in the managers room any time and talk over their grievances. This can be very effective because 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 at times. They need blow off the steam as we hear it more commonly.
Identifying Grievances
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.
Grievances Classification
(3) Grievances resulting from personal maladjustment
(i) Over ambition. (ii) Excessive self-esteem or what we better know as ego.
Effects of Grievances:
Frustration Alienation De-motivation Slackness Low Productivity Increase in Wastage & Costs Absenteeism In discipline
Labour unrest
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 all employees through pictures, charts, diagrams, etc.
5. Training: In order to ensure effective working of the grievance procedure, it is necessary that supervisors and the union representatives should be given training in working of the grievance procedure. All the policies should be conveyed to the concerned parties. 6. Follow-up: The personnel department should review the working of the grievance procedure periodically and necessary changes should be introduced to make it more effective. This is generally ignored by the organizations. A regular follow up of the system increase the faith of the people in the system. Therefore it is necessary that the grievance procedure should be reviewed whenever it is so required.
Arbitration.
Arbitration is an alternative dispute resolution method where the disputing parties involved present their disagreement to one arbitrator or a panel of private, independent and qualified third party arbitrators. Arbitration is a formal process similar to litigation but where the hearing is in private in front of a nominated third party, the arbitrator, who makes a binding decision. The arbitrator is not a court judge but rather an industry-specific expert or otherwise a well-qualified individual who both parties agree is suitable for resolving 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 concerned much more with fair treatment of the parties involved than achieving a precise legal agreement
Advantages of arbitration:
The parties can choose who is to be their arbitrator and this means they can choose a person with the particular expertise involved in their dispute The arbitral process is private and confidential to the parties and the arbitrator An arbitration may be held anywhere that is convenient, at any suitable time. Arbitration is flexible. Its procedure can be tailored to a particular dispute to 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 resolution methods (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 one of 140 that have adopted the 1958 New York Convention on the Recognition 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 for arbitration
CONCILIATION
Conciliation is a process by which representatives of both workers and employers are brought together before a third party with a view to persuading them arrive at some sort of settlement. Conciliation is an extension of collective bargaining with third party assistance. It is 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 and 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 the guidance of a conciliator.
Meaning
Part 3 of the act deals with conciliation.Conciliation means settling of disputes without litigation. Conciliation is the process by which discussion between parties is kept going through the participation of the conciliator. The main difference between arbitration and conciliation is that in arbitration proceedings the award is the decision of arbitral tribunal while in the case of conciliation the decision is that of the parties arrived at with the assistance of the conciliator. 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 the act are invoked and made applicable.
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.
Cont
For adopting the method of conciliation, there is no need for a prior agreement for resorting to this method, but in arbitration a prior agreement for arbitration between the parties is required. The pre-agreement in arbitration must be in writing but since no preagreements are required in conciliation, there is no such binding 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 for redressed 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 the parties themselves and the conciliator shall authenticate the same. An arbitration award on other hand, is not merely a settlement agreement but it is judgment duly signed by the arbitrator. The conciliation proceedings may be unilaterally terminated by a written declaration by a party to the other party and the conciliator, but arbitration proceedings cannot be so terminated.
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 for collective 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 at every stage. Mediation has also become the principal method of dispute resolution in countries like Sri Lanka, where specialized Mediation Boards have been established as 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 a restatement of the problem by the mediator Setting the agenda for mediation Facilitating the mediation, by generating options, if necessary Reaching a negotiated settlement