Greivance

Embed Size (px)

Citation preview

  • 7/31/2019 Greivance

    1/21

    GRIEVANCE

    MEANING AND CONTENT

    Grievance can be defined as any discontent or dissatisfaction with any

    aspect of the organization.

    When a complaint remains unattended and the employee concerned feels

    a lack of justice and fair play, then the dissatisfaction grows and assumes a

    status of grievance.

    The concept grievance', has been variously defined by different

    authorities.

    According to Prof. Jucius , Any discontent or dissatisfaction, whether

    expressed or not, whether valid or not, arising out of anything connected with

    the company that an employee thinks, believes, or even feels is unfair, unjust or

    inequitable".

    According to Keith Davis, It is "any real or imagined feeling of personal

    injustice which an employee has concerning his employment relationship."

    According to Beach , "any dissatisfaction or feeling of injustice m

    connection with one's employment situation that is brought to the notice of the

    management.

    The International Labor Organization defines grievance as "a

    complaint one or more workers in respect of wages, allowances , conditions of

    work and interpretation of service stipulations, covering such areas as overtime

    leave, transfer, promotion, seniority, job assignment and termination of service."

    In the opinion of the National Commission on Labour, "complaints affecting

    1

  • 7/31/2019 Greivance

    2/21

    one or more individual workers in respect of wage payments, overtime, leave,

    transfer, promotion, seniority, work assignment and discharges constitute

    grievances.

    CHARACTERISTICS OF GRIEVANCES

    Some noticeable features of grievance are as follows:

    i) A grievance refers to any form of discontent or dissatisfaction with an

    aspect of the organization.

    ii) The dissatisfaction must arise out of employment and not due to personal

    or family problems.

    iii)A grievance may be written or verbal.

    iv) A grievance may be voiced or unvoiced.

    v) A grievance may be valid or invalid, legitimate or irrational, justifiable or

    ridiculous.

    vi) A grievance give rise to unhappiness, discontent, frustration, indifference

    to work, poor morale and ultimately results inefficiency and low

    productivity,.

    vii) Broadly speaking, a grievance is traceable to perceived non-fulfillment

    of one's expectations from the organization

    FORMS OF GRIEVANCES

    A grievance may take any one of the following forms:

    2

  • 7/31/2019 Greivance

    3/21

    i) Factual

    ii) Imaginary

    iii) Disguised

    FACTUAL: A factual grievance arises when legitimate needs of employees

    remain unfulfilled, e.g., wage hike has been agreed but not implemented citing

    various reasons. These grievances reflect the drawbacks in the implementation

    of the organizational policies.

    IMAGINARY: When an employee's dissatisfaction is not because of any

    valid reason but because of wrong perception, wrong attitude or wrong

    information he has. Such a situation may create an imaginary grievance Though

    management is not at fault in such instances, still it has to clear the 'fog'

    immediately. However, such grievances can have far-reaching consequences on

    the organization because the employees are likely to develop an altogether

    negative attitude towards the organization which decreases their effectiveness

    and involvement in work.

    DISGUISED: An employee may have dissatisfaction for reasons that are

    unknown to himself. In general organizations consider the basic requirements of

    their employees. Psychological needs of the employees such- as need for

    recognition, affection, power, achievement, etc., are normally unattended and

    ignored. For instance, an employee complaining very strongly about the

    working conditions in the office may in turn be seeking some recognition and

    appreciation from his or her colleagues. Hence, disguised grievances should

    also be considered since they do have far-reaching consequences in case they

    are unattended and ignored

    3

  • 7/31/2019 Greivance

    4/21

    NATURE OF GRIEVANCES

    A grievance is a problem and submitted by an employee or several employees

    of different types. It may be .concerning a situation or likely to affect the termsand conditions of employment of one worker or several workers, if a problem is

    related to and endorsed by all or majority of employees or if trade union submits

    a problem as a general claim it fails outside the scope of grievance procedure

    and generally comes under the purview of collective bargaining. Thus, if an

    issue is wider in scope or general in nature it will be outside, the grievance

    machinery. For example, if majority of employees or the trade union in anorganization demand wage revision, such issue does not come under the scope

    of. grievance machinery and falls within the scope of collective bargaining. In

    contrast, if the workers of different departments submit to the management that

    their wage is not in accordance with the award given by wage Boards and if

    they ask the management to correct the wage inequity such issue falls within the

    scope of grievance machinery. Thus, a grievance:

    i) Has a narrower perspective.

    ii) Is concerned with the interpretation of a contract or award as concerned

    to an individual or a few employees of different types.

    As such policy issues do not fail within the scope of grievance machinery.

    CAUSES/SOURCES OF GRIEVANCES

    Calhoon observes , "Grievances exist in the minds of individuals, are

    produced and dissipated by situations, are fostered or healed by group pressures,

    are adjusted or made worse by supervisors and are nourished or dissolved by the

    climate in the organization which is affected by all the above factors and by the

    management."

    4

  • 7/31/2019 Greivance

    5/21

    The main causes of grievance may be classified under the following categories:

    1) Grievance resulting from working conditions :

    i) Tight production standards.

    ii) Improper matching of the worker with the job.

    iii) Non-availability of proper tools, machines and equipment for doing the

    job.

    iv) Changes in schedules or procedures.

    v) Poor relationship with the supervisor.

    vi) Bad physical conditions of work places.

    vii) Failure to maintain proper discipline (excessive discipline or lack of it,

    both are equally harmful).

    2) Grievances resulting from personal Maladjustment :

    i) Excessive self-esteem.

    ii) Over-ambition

    iii) Impractical attitude to life, etc.

    3) Grievances resulting from Management Policy:

    i) Overtime

    i) Transfer

    ii) Leave

    iii) Hostility towards a labour-union

    iv) Wage payment and job rates.

    v) Seniority

    vi) Promotion, demotion and discharge.

    5

  • 7/31/2019 Greivance

    6/21

    vii) Lack of career planning and employee development plan,

    Grievances resulting from alleged violation of:

    i) Past practice.

    ii) Management's responsibility.

    iii)The collective bargaining agreement.

    iv) Company rules.

    v) Central or state laws.

    Two American experts are of the view that there are three main factors

    which contribute to the employee grievances. They are:

    I) MANAGEMENT PRACTICES

    a) The style of management followed, be it autocratic at one end of the scale

    or totally participative at the other, would need to be related to the socio-

    cultural orientation of the workforce.

    b) Grievance is also caused because the social distance between

    management and workers, their class and cultural orientations are widely

    different.

    c) Much also depends on the implementation of personnel policies-it the

    implementation falls short of the intended policy then the resultant gap

    could give rise to grievances.

    d) Poor communication between management and its employees is another

    cause of grievance.

    e) Supervisory practices are a major source of grievance.

    II)UNION PRACTICES

    a) Multiplicity of unions.

    6

  • 7/31/2019 Greivance

    7/21

    b) Political affiliation.

    III) INDIVIDUAL PERSONALITY TRAILS

    a) An individual's personality also has a bearing on the usage of the

    grievance machinery. Some are basically predisposed to grumble and find

    fault with every little matter, seeking and looking out only for faults.

    b) Sometimes mental tension, caused perhaps by ill health, also contributes

    to this, in the sense that a tense mind finds an outlet in voicing a spate of grievances.

    c) On the other hand, there are employees who are willing to outlook minor

    issues and discomforts and get on with the job.

    d) Notwithstanding personality traits, the atmosphere or the culture that

    prevails could also contribute to this phenomenon. An antagonistic

    atmosphere could result in even a trivial matter being blown out of proportion, which in more co-operative times would not even have been

    noticed.

    It should be noted here that there is no single factor which causes a grievance;

    many factors combine to generate a grievance; and both employer and

    employees have grievances, the one against the other.

    Tosum up, employee grievances may be due to:

    i) Demands for individual wage adjustments.

    ii) Complaints about the incentive system.

    iii) Complaints about the job classifications.

    iv) Complaints against a particular foreman.

    v) Complaints concerning disciplinary measures and procedures.

    7

  • 7/31/2019 Greivance

    8/21

    vi) Objections to the general methods of supervision.

    vii) Loose calculation and interpretation of seniority rules, and unsatisfactory

    interpretation of agreements.

    viii) Improper job assignment. . .

    ix) Disciplinary discharge or lay-off.

    x) Non-availability of materials in time.

    xi) Undesirable or unsatisfactory conditions of work.

    xii) Promotions.

    xiii) Violation of contracts relating to collective bargaining

    xiv) Inadequacy of safety and health services/devices.

    xv) Transfer for another department or another shift.

    DISCOVERY OF GRIEVANCES

    Grievances can be uncovered in a number of ways. Gossip and Grapevine offer

    vital clues about employees grievances. Gripe boxes, open door policies,

    periodic interviews, exit surveys could also be undertaken to uncover the

    mystery surrounding grievances. These methods are discussed below:

    1) Observation : A manager/supervisor can usually track the behaviours of

    people working under him. If a particular employee is not getting along

    with people, spoiling materials due to carelessness or recklessness,

    showing indifference to commands, reporting late for work or is remaining

    absent-the signals are fairly obvious. Since the supervisor is close to the

    scene of action, he can always find out such unusual behaviours and report

    8

  • 7/31/2019 Greivance

    9/21

    promptly.

    2) Grievance Procedure : A systematic grievance procedure is the

    best means to highlight employee dissatisfaction at various levels.

    Management, to this end, must encourage employees to use it whenever

    they have anything to say. In the absence of such a procedure, grievances

    pile up and burst up in violent forms at a future date. By that things might

    have taken an ugly shape altogether, impairing cordial relations between

    labour and management. If management fails to induce employees to

    express their grievances, unions will take over and emerge as powerful

    bargaining representatives.

    3) Gripe Boxes : A gripe box may be kept at prominent locations in the

    factory for lodging anonymous complaints pertaining to any aspect

    relating to work. Since the complainant need not reveal his identity, he can

    express his feelings of injustice or discontent lankly and without any

    fear of victimization.

    4) Open door Policy : This is a kind of walk-in-meeting with the manager when the employee can express his feelings openly about any work related

    grievance. The manager can cross-check the details of the complaint

    through various means at his disposal.

    5) Exit interview : Employees usually leave their current jobs due to

    dissatisfaction or better prospects outside. If the manager tries sincerely

    through an exit interview he might be able to find out the real reasons why

    'x' is, leaving the organization. To elicit valuable information, the manager

    must encourage the employee to give a correct picture so as to rectify the

    mistakes promptly. If the employee is not providing fearless answers, he

    may be given questionnaire to fill up and post the same after getting all his

    dues cleared from the organization where he is currently employed.

    6) Opinion Surveys : Surveys may be conducted periodically to elicit the

    9

  • 7/31/2019 Greivance

    10/21

    opinions of employees

    about the organization and its policies.

    It is better to use as many channels as possible, if the intention is to uncover thetruth behind the curtain.

    APPROACHES TO THE GRIEVANCE MACHINERY

    Various approaches have been documented reflecting the attitude of

    management and employees to the grievance machinery. Management could

    take a legalistic view and follow the negotiated contract, or it need not have acontract but have a grievance machinery oriented towards a human relations

    approach to its workers. Or, alternatively, management could, with or without a

    contract, have an open-door policy. We shall now examine some of these

    approaches.

    i) The labour contract approach is a wholly legalistic approach. The

    management and the worker, categories covered by the contract, follow

    the provisions therein. Grievances are those defined by the contract, and

    the process for dealing with the grievance is clear to all concerned and

    specified with the time span for each stage. The provisions and the

    interpretations thereon of the contract are of paramount importance, more

    than concern for specific exceptions depending on the circumstances of

    the case.

    ii) The human relations school is the antithesis of the legal contract school.

    The employee and his specific problem is the major concern. The concern

    is for understanding and doing something to help overcome the

    individuals' problem, the fundamental assumption being that individuals

    are more important than production targets. It is quite likely that

    understanding their needs and grievances will help in attaining production

    10

  • 7/31/2019 Greivance

    11/21

    targets, but primarily individuals are the end rather than a means to the

    end.

    Obviously, these are two extreme situations; many organizations have practices some-where in between. It is possible to envisage a contract with a

    human relations approach, infact, in the final analysis, it amounts to the "spirit"

    in which the grievance procedure is implemented in an organization involving

    both managerial and worker attitudes.

    EFFECTS OF GRIEVANCES

    Grievances, if they are not identified and redressed, may affect adversely the

    workers, managers and the organization. The effects are:

    i) On production:- It includes

    a) Low quality of production

    b) Low quality of productivity.

    c) Increase in the wastage of material, spoilage/leakage of machinery,

    d) Increase in the cost of production per unit.

    ii) On the employees

    a) Increases the rate of absenteeism and turnover.

    b) Reduces the level of commitment, sincerity and punctuality.

    c) Increases the incidence of accidents.

    d) Reduces the level of employee morale.

    iii) On the managers

    a) Stains the superior-subordinate relations.

    b) Increases in indiscipline cases.

    11

  • 7/31/2019 Greivance

    12/21

    c) Increase in unrest and thereby machinery to maintain industrial peace.

    d) Increases the degree of supervision, control and follow-up.

    GRIEVANCE PROCEDURE

    The grievance procedure is one of the more important means available for

    employees to express their dissatisfaction. It is also a means available to

    management to keep a check or relevant diagnostic data on the state of the

    organization's health.

    The formal mechanism for dealing with worker's dissatisfaction is called thegrievance procedure. It is generally a formal system of several steps through

    which an affected employee can take his grievance to successively-higher levels

    of management for redressed.

    A grievance procedure is necessary in a large organization which has numerous

    personnel and many different levels with the result that the manager is unable to

    keep a check on each individual, or be involved in every aspect of the working

    of the organization. In a small organization, communication, knowledge and

    contact is possible to a much greater extent, thus reducing the need for a formal

    grievance procedure.

    NEED FOR A GRIEVANCE PROCEDURE

    Grievance procedure is necessary for any organization due to the following

    reasons:

    i) Most grievances seriously disturb the employees. This may affect their

    morale, productivity and their willingness to cooperate with the

    organization. If an explosive situation develops, this can be promptly

    attended to if a grievance handling procedure is already in existence.ii) It is not possible that all the complaints of the employees would be settled

    12

  • 7/31/2019 Greivance

    13/21

    by first-time supervisors, for these supervisors may not have had a proper

    training for the purpose, and they may lack authority. Moreover, there

    may be personality conflicts and other causes as well.

    iii)It serves as a check on the arbitrary actions of the management because

    supervisors know that employees are likely is see to it that their protest

    does reach the higher management

    iv) It selves as an outlet for employee gripes, discontent and frustrations.

    v) The management has complete authority to operate the business as it sees

    fit-subject, of course, to its legal and moral obligations and the contracts

    it has entered into with its workers or their representative trade union. Butif the trade union or the employees do not like the way the management

    functions, they can submit their grievance in accordance with the

    procedure laid down for that purpose.

    A well-designed and a proper grievance procedure provide:

    i) A channel or avenue by which any aggrieved employee may present hisgrievance.

    ii) A procedure which ensures that there will be a systematic handling of

    every grievance.

    iii)A method by which an aggrieved employee can relieve his feelings of

    dissatisfaction with his job, working conditions, or with the

    management.iv) A means of ensuring that there is some measure of promptness in the

    handling of the grievance.

    BASIC ELEMENTS OF A GRIEVANCE PROCEDURE

    The basic elements of a grievance redressed procedure are:

    i) The existence of a sound channel through which a grievance may pass for

    13

  • 7/31/2019 Greivance

    14/21

    redressed if the previous stage or channel has been found to be

    inadequate, unsatisfactory or unacceptable. This stage may comprise

    three, four or five sub-stages.

    ii) The procedure should be simple, definite and prompt, for any complexity

    or vagueness or delay may lead to an aggravation of the dissatisfaction

    of the aggrieved employee

    iii)The steps in handling a grievance should be clearly defined.

    These should comprise:

    a) Receiving and defining the nature of the grievance.

    b) Getting at the relevant facts, about the grievance.

    c) Analysis the facts, after taking into consideration the economic, social,

    psychological and legal

    issues involved in them.

    d)Taking an appropriate decision after a carefui consideration of all the

    facts.e) Communicating the decisions, to the aggrieved employee

    iv) Whatever the decision, it should be followed up in order that the reaction

    of the decision may be known and in order to determine whether the

    issue has been closed or not.

    ESSENTIAL PREREQUISITES OF A GRIEVANCE

    PROCEDURE

    The efficiency of a grievance procedure depends upon the fulfillment of certain

    pre-requisites.

    These are as follows:

    14

  • 7/31/2019 Greivance

    15/21

    1. Conformity with Statutory Provisions : Due consideration

    must be given to the prevailing legislation while designing the

    grievance handling procedure.

    2. Unambiguity: Every aspect of the grievance handling

    procedure should be clear and unambiguous. All employees

    should know whom to approach first when they have a grievance,

    whether the complaint should be written or oral, the maximum time

    in which the redressed is assured, etc. The redressing official

    should also know the limits within which he can take the required

    action.

    3. Simplicity : The grievance handling procedure should be simple,

    and short, if the procedure is

    complicated it may discourage employees and they may fail to

    make use of it in a proper manner.

    4. Promptness: The grievance of the employee should be promptly

    handled and necessary action

    must be taken immediately. This is good for both the employee and

    management because if the

    wrong doe is punished late, it may affect the morale of other

    employees as well.

    5. Training : The supervisors the union representatives should be

    properly trained in all aspects of grievance handling beforehand or

    else it will complicate the problem.

    6. Follow-up : The personnel department should keep track of the

    effectiveness and the functioning of grievance handling procedure

    and make necessary changes to improve it from time to time.

    Steps in the Grievance Procedure

    15

  • 7/31/2019 Greivance

    16/21

    1) Identify Grievances : Employee dissatisfaction or grievance should

    be identified by the management if they are not expressed. If they are

    ventilated, management has to promptly acknowledge them.

    2) Define Correctly : The management has to define the problem

    properly and accurately after it is identified/acknowledged.

    Steps in the Grievance Procedure

    3) Collect Data : Complete information should be collected from all the

    parties relating to the grievance. Information should be classified as facts

    data, opinions etc.

    4) Analyze and Solve : The information should be analyzed, alternative

    solutions to the problem should be developed and the best solution should

    be selected.

    5) Prompt Redressal : The grievance should be redressed by

    implementing the solution.

    6) Implement and follow-up : implementation of the solution must be

    followed up at every stage in order to ensure effective and speedy

    16

  • 7/31/2019 Greivance

    17/21

    implementation

    MODEL GRIEVANCE PROCEDURE

    The model grievance procedure suggested by the National Commission on

    Labour involves six successive time-bound steps each leading to the next, in

    case of dissatisfaction.

    Model Grievance Procedure

    i) The aggrieved worker in the first instance will approach the foreman and

    tells him of his grievance orally.

    ii) The foreman has to redress his grievance and if the worker is not satisfied

    with this redressal, he can approach the supervisor.

    iii)The supervisor has to provide an answer within 48 hours. In the event of

    the supervisor not giving an answer or the answer not being acceptable

    to the worker, the worker goes to the next step.

    iv) At this stage the worker (either alone or accompanied by his departmental

    representative) approaches the Head of the Department who has to give

    an answer within three days.

    v) If the Departmental Head fails to give an answer or if the worker is not

    satisfied with his answer, the worker may appeal to the Grievance

    17

  • 7/31/2019 Greivance

    18/21

    committee, consisting of the representatives of the employer & the

    employees

    vi) The recommendations of this committee should be communicated to the

    manager within seven days from the date of the grievance reaching it.

    vii) Unanimous decisions, if any : of the committee shall be implemented by

    the management.

    viii) If there is no unanimity, the views of the members of the

    committee shall be placed before the manager for his decision. The

    manager has to take a decision and inform the worker within three days.

    ix) The worker can make an appeal against the manager's decision and suchare appeal has to be decided within a week.

    A union official may accompany the worker to the manager for discussion and

    if no decision is arrived at this stage, both the union and management may refer

    the grievance to voluntary arbitration within a week of the receipt of the

    managements decision.

    The worker in actual practice, may not resort to all the above mentioned steps.

    For example, if the grievance is because of his dismissal or discharge he can

    make an appeal against dismissal or discharge.

    Grievance Machinery in Indian Industry

    At present, there are three legislations dealing with grievances of employees

    working in industries.

    i) The Industrial Employment (Standing Orders) Act, 1946.

    ii) The Factories Act, 1948,

    iii) The Industrial Disputes Act, 1947.

    The Industrial Employment (Standing Orders) Act, 1946 requires that every

    18

  • 7/31/2019 Greivance

    19/21

    establishment employing 100 or more workers should frame standing orders.

    These should contain, among other things, a provision for redressal of

    grievances of workers against unfair treatment and wrongful exactions by the

    employer or his agents.

    The Factories Act, 1948 provides for the appointment of a welfare officer in

    every factory ordinarily employing 500 or more workers. These welfare officers

    also look after complaints and grievances of workers. They will look after

    proper implementation of the existing labour legislation.

    Individual disputes relating to discharge, dismissal or retrenchment can be taken

    up for relief under the Industrial Disputes Act, 1947 amended in 1965.

    However, the existing labour legislation is not being implemented properly by

    employers. There is lack of fairness on their part. Welfare officers have also not

    been taken for protecting the interests of workers in the organized sector. In

    certain cases, they are playing a dual role. It is unfortunate that the public

    sector,, which should setup an example for the private sector, has not been

    implementing the labour laws properly.

    In India, there is a model Grievance Procedure which was adopted by the Indian

    labour conference in' its 16 m session held in 1958. At present, Indian industries

    are adopting either the model Grievance Procedure or procedures formulated by

    themselves with modifications in the Modes Grievance Procedure. In other words, at present, the grievance procedures are voluntary in the Indian industry.

    GUIDELINES FOR HANDLING GRIEVANCE

    The following guidelines may help a supervisor while dealing with grievances.

    He need not follow all these steps in every case. It is sufficient to keep these

    views in mind while handling grievances (W. Baer. 1970).

    19

  • 7/31/2019 Greivance

    20/21

    i) Treat each case as important and get the Grievance in writing.

    ii) Talk to the employee directly, encourage him to speak the truth. Give him

    a patient hearing.

    iii) Discuss in a private place Ensure confidentiality, if necessary.

    iv) Handle each Case within a time frame.

    v) Examine company Provisions in each case. Identify violations, if any. Do

    not hold back the remedy if the company is wrong. Inform your superior

    about all grievances.

    vi) Get all relevant facts about the grievance. Examine the personnel records

    of the aggrieved worker. See whether any witnesses are available. Visitthe work area. The idea is to find where things have gone wrong and

    who is at fault.

    vii) Gather information from the union representative, what he has to say,

    what he wants, etc. Give short replies, uncovering the truth as well as

    provisions. Treat him properly.

    viii) Control your emotions, your remarks and behaviour,ix) Maintain proper records and follow up the action taken in each case

    Guiding Principles of Grievance Procedure

    The guiding principles under the Model Procedure:

    i) Conformity with Existing Legislation: A procedure should form part of

    an integrated scheme which should promote satisfactory relations

    between employees and management.

    Need for Simple and Expeditious (Machinery: it was laid down that, as far as

    possible,

    a) A grievance should be settled at the lowest level;

    b) No matter should ordinarily be taken up at more than two levels;

    20

  • 7/31/2019 Greivance

    21/21

    c) Different types of grievances should be referred to appropriate bodies or

    authorities.

    iii) Workmen Should Knew Whom to Approach: For this purpose, it should beessential for the management to designate the authority or body to be contacted

    at various levels

    21