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Employee Grievance and discipline

Subject – Human resource management

Submitted to:-

PROF. Jitansh Dua

Submitted by:-

Lalit Bhushan Paswan Krishna ojha Harshal kumar Had BBA.LL.B (1st year, 2nd SEMASTER) (2011 – 12)

MATS Law School MATS University, Raipur

.2 Table of content Page no 1.. Discipline is viewed from two angles/dimensions………………………………………. 4 3. Employee Grievance…………………………………………………………………. Employee discipline …………………………………………………………………….. Cause of Grievance………………………………………………………………………6-7 5.7-9 6.10-11 8. Grienvance procedure…………………………………………………………………….16 11... Form of Grievance………………………………………………………………………4-5 4.11-15 9.9-10 7. Conclusion………………………………………………………………………………17 . Introduction …………………………………………………………………………… 3 2. Sound Disciplinary System………………………………………………………………. Progressive Discipline system…………………………………………………………….15-16 10 Types of Penalties for Misconduct/Indiscipline………………………………………….

It encourages harmony and co-operation among employees as well as acts as a morale booster for the employees. confusion. effective grievance handling and job-security all contribute to organizational discipline. transfers. Effective grievance management is an essential part of personnel management. A disciplined employee will be organized and an organized employee will be disciplined always. there will be chaos. Discipline in an organization ensures productivity and efficiency.There is many forms Employee Grievance like: 1. unsafe workplace. inappropriate salary structure. Improper working conditions such as strict production standards.Violation of organizational rules and practices. orderliness and maintenance of proper subordination among employees. Discipline means systematically conducting the business by the organizational members who strictly adhere to the essential rules and regulations. Individual Grievance 2. demotions. The manager should immediately identify all grievances and must take appropriate steps to eliminate the causes of such grievances so that the employees remain loyal and committed to their work. Discipline implies confirming with the code of conduct established by the organization. fair and equitable treatment of employees. Employee behavior is the base of discipline in an organization. corruption and disobedience in an organization. appropriate salary structure. so this is called Employee Grievance .3 Introduction Employee Grievance mean dissatisfaction of employee and this happens because of many reason like when employee are not satisfied from policies and procedure of management or employee are not satisfied with their job and its nature and when employee feels injustice then that dissatisfaction and injustice feeling comes in form of compliant from employee. Group Grievance 3. In absence of discipline. In short. . etc. etc. Work recognition. discipline implies obedience. Policy Grievance Employee Grievance may raise due to many reason like. Irrational management policies such as overtime. etc. bad relation with managers.

The INDIVIDUAL grievance. 2 A grievance may be expressed verbally or in writing. Form of Grievance: There are three basic types of grievances: A. about the management policies and procedures. involves a single individual in the grievance procedure. Written grievances are often called complaints. argumentation. 3 The dissatisfaction may be valid and legitimate or irrational and ridiculous or false. poor workmanship etc. This dissatisfaction must crop up from employment issues and not from personal issues. low productivity. absenteeism. Grievance has the following features: 1 It reflects dissatisfaction if discontent arises out of employment. as the name indicates. Grievances take the form of collective disputes when they are not resolved. lack of interest in work. It must be expressed by the employee and brought to the notice of the management and the organization. the following example could constitute grounds to write an individual grievance: . In short. 4 A grievance arises only when an employee feels that injustice has been done to him.4 Employee Grievance Employee Grievance is a complaint of employee which is rising due to dissatisfaction or injustice which an employee experiences about his job and its nature. Unattended grievances result in frustration. grievance arises when employees’ expectations are not fulfilled from the organization as a result of which a feeling of discontentment and dissatisfaction arises. Also they will then lower the morale and efficiency of the employees. etc. 5 Grievance not redressed in time tends to lower morale and productivity of employees. Verbal grievance includes gossiping. jealous. dissatisfaction.

etc. departments. Policy grievances may involve several departments within the bargaining unit structure. because it may affect other workers in the union beyond those whom the Grievance Handler represents. the Grievance Handler should try to get everyone in the bargaining unit within their jurisdiction (groups. In a situation involving a group grievance. offices. As such. workable practices that exist in departments. but instead. where ALL of the workers involved should sign the grievance. The GROUP grievance. and other areas of the union's jurisdiction. Policy grievances are the responsibility of the grievance committee rather than of the individual Grievance Handler in the workplace. they may effect more than one or two workers.) to sign the grievance. they effect several such workers. The increase was not in their last pay cheque. C. mutual understandings and past practices (union practices) that have been in effect a long time. Management did not pay on the first week. The following example could constitute grounds for a group grievance: Example: Maintenance engineers received an upgrade in classification and in pay. Policy grievances may include new jobs. The POLICY grievance is much broader in scope than either the individual or the group grievance. new wage rates. involves two or more individuals. This is especially true in cases of "Production Standards" or "Speedup" grievances under the Grievance Handler's jurisdiction. They may include working conditions. The following example could constitute grounds for a policy grievance: Example: The annual improvement factor was to be paid on the first of the month. the second week.5 Example: Mary Jones was underpaid 250 when a deduction was taken for life insurance for her spouse even though the spouse expired last month. even the entire workplace. new classifications. . as the name indicates. employer concessions. B. Employer refused to adjust.

inappropriate salary structure. etc. sex. Discrimination may include. bad relation with managers. transfers. When things are not as per expectation of employees. looks.   Violation of organizational rules and practices. Discrimination occurs when two people are treated differently under the same conditions in such a way as to harm or treat unequally one of them. and is not limited to. Some of the causes of the grievance are following:  Improper working conditions such as strict production standards. past incidents and experiences. national origin. demotions. personality. religion. etc. There are many reasons or causes of grievances. sexual orientation. this gives dissatisfaction to them.  Irrational management policies such as overtime. age.             Wage fixation and revision Payment of overtime Inadequate bonus Demand for welfare and equipments Poor working conditions Faulty machines and equipments Attitude of supervisor Behaviour of top management Favoritism and nepotism Strained relations Excessive discipline Defective promotion . unsafe workplace. union activity. and political affiliation.6 Cause of Grievance When the numbers of people are working together. race. differences are likely to take place. Workers’ Rights: Discrimination and workers’ rights cover a broad range of incidents or practices.

Allotment of quarters 7. Recoveries of dues etc.The objectives of the grievances procedure will be:     to settle grievances of the employees in shortest possible time.7    Lay off and retrenchment Inadequate health and safety devices Victimization. purview of the grievance procedure:- . Non-extension of benefits under rules 9. Working conditions 5. Leave 6. with their reporting officer. even from the highest level of the authority. Grievance for the purpose of this procedure would only mean individual grievance and the matters under the scope of this procedure. and to provide for various stages so that the aggrieved employees derive satisfaction of seeking redressal. if any. which can be invoked by an aggrieved executive. Salary payment 2. Similar issues 12. at lowest possible level of authority. Executives in higher levels may take up their grievances. shall be those relating to the following: 1. if required. Grievance procedure Objective:. Promotion 11. The grievance arising out of the following issues shall not be come under the 13. Scope and Coverage: The procedure will cover all executives of the company upto the level of DGMs. Increment 4. Transfer 10. Medical facilities 8. 3.

Annual performance Appraisal 16. 3. Terms of appointment settled prior to joining 15. action and vigilance Cases 17.As soon as the grievance arises. Effective grievance management is an essential part of personnel management. Examining the causes of grievance. Acknowledgement by the manager implies that the manager is eager to look into the complaint impartially and without any bias. 4.After identifying the causes of grievance. Matters relating to disciplinary enquiry. This will lower the detrimental effects of grievance on the employees and their performance. This will create a conducive work environment with instances of grievance reduced. alternative course of actions should be thought of to manage the grievance. The effect of each course of action on the existing and future management policies and procedure should be analyzed and accordingly decision should be taken by the manager. Training must be given to the managers to effectively and timely manage a grievance. Where the grievance does not relate to an individual executive. 5. it should be identified and resolved. Gathering facts. . A record of such facts must be maintained so that these can be used in later stage of grievance redressed.8 14.The manager must acknowledge the grievance put forward by the employee as manifestation of true and real feelings of the employees. Decisioning. Accordingly remedial actions should be taken to prevent repetition of the grievance. The managers should adopt the following approach to manage grievance effectively1. Quick action.The actual cause of grievance should be identified. Procedure for solving Employee Grievance The manager should immediately identify all grievances and must take appropriate steps to eliminate the causes of such grievances so that the employees remain loyal and committed to their work.The managers should gather appropriate and sufficient facts explaining the grievance’s nature. 2. Acknowledging grievance.

The disciplinary procedure should follow four rules: . that it may or may not hurt the employees concerned. Discipline in an organization ensures productivity and efficiency. After implementing the decision. there will be chaos. An effective grievance procedure ensures an amiable work environment because it redresses the grievance to mutual satisfaction of both the employees and the managers. It becomes an effective medium for the employees to express t feelings. These standards must be applied uniformly. corruption and disobedience in an organization. Employee discipline Discipline means systematically conducting the business by the organizational members who strictly adhere to the essential rules and regulations.9 6. In absence of discipline. It also helps the management to frame policies and procedures acceptable to the employees. A disciplined employee will be organized and an organized employee will be disciplined always. The following general guidelines for dealing with employees with disciplinary problems may help employers avoid litigation. It encourages harmony and co-operation among employees as well as acts as a morale booster for the employees. The company should retain the right to determine what discipline will be imposed in each individual situation. Employers should have clear disciplinary standards and evidence that employees were given notice of such policies and procedures. Execution and review. discontent and dissatisfaction openly and formally.The manager should execute the decision quickly. Discipline implies confirming with the code of conduct established by the organization. Discipline of employees often gives rise to employment litigation. a follow-up must be there to ensure that the grievance has been resolved completely and adequately. confusion. These employees/organizational members work together as a team so as to achieve organizational mission as well as vision and they truly understand that the individual and group aims and desires must be matched so as to ensure organizational success. ignoring the fact. Employee behavior is the base of discipline in an organization.

10     The employee must know the nature of the problem. The employee must know what he or she must do to fix the problem. Work recognition. The employee’s length of service with the organization. Employers must create a discipline policy that will not limit their right to enforce appropriate disciplinary measures. The employees follow and adhere to the rules and regulations not due to the fear of punishment but due to the inherent desire to harmonize in achieving organizational goals. In short. . The challenge for employers is how to reconcile being consistent in the application of discipline. 2. effective grievance handling and job-security all contribute to organizational discipline. The main aim is to ensure and encourage self-discipline among the employees. The employee must have a reasonable period of time in which to fix the problem. 4. Employees exercise self-control to meet these goals. The employee’s past performance record. 3. The organization’s past practice when dealing with this situation. The law requires employers to match the discipline to the seriousness of the offense. appropriate salary structure. The employee must understand the consequences of inaction. discipline implies obedience. but still take into consideration the specific facts which tend to make each disciplinary incident unique. Positive Discipline: Positive Discipline implies discipline without punishment. The severity of the offense. The employees in this case identify the group objectives as their own objectives and strive hard to achieve them. Discipline is viewed from two angles/dimensions: 1. Evaluate these 4 criteria when determining the most effective level of disciplinary action: 1. fair and equitable treatment of employees. orderliness and maintenance of proper subordination among employees.

11 2. The action taken by the management to ensure desired standard of behaviour/code of conduct from the employees in an organization is called negative discipline. penalties. training. It is usually a set of circumstances or warnings – three strikes and you’re out. Many employees feel they are entitled to disciplinary measures prior to being terminated. performance evaluations and daily supervision. The progressive discipline system normally begins with the recruitment process and continues through orientation. A severe performance problem may exist Companies should consider using the progressive discipline system. In most cases where at-will . demotions or transfers. Progressive Discipline system Progressive Discipline system is defined as a series of disciplinary actions or steps that are progressively more severe leading to improvement of performance or termination from employment. Negative Discipline: Employees adhere to rules and regulations in fear of punishment which may be in form of fines. The primary purpose of progressive discipline is to assist your employees to understand that:   An opportunity exists for improvement or. The fear of punishment prevents the employees from going off-track. A progressive discipline system consists of the following:     A verbal warning A written warning Suspension Termination Misconceptions about progressive discipline! There are many misconceptions concerning progressive discipline. In this case. the employees do not perceive organizational goals as their own goals.

an employer does not need a reason to justify termination. The employment contract between the employer and the employee (any agreement regarding the job. for any reason or for no reason at all. atwill employment means. under at-will employment. collective bargaining agreement or a public. State (excluding Montana). The phrase "at-will" is just another way of saying "at the will of either party. While to following may differ from state. municipal employer.12 employment is the rule.S. "the job will last as long as both parties wish it to continue and it will end when either party wants it to end." Accordingly.) can end at any time. the employee is not guaranteed a job for any specific period of time. refusing a supervisor's sexual advances. to correct performance on the job. offered by the employer. and the employee may quit at any time. employees cannot be fired for an illegal reason. When employees are "at-will" employees. but an opportunity. at the will of either the employer or the employee. However. etc. An employment relationship for no specific duration may generally be terminated at any time. “At-Will” is the law “At-will” is the law in every U." In other words. These employees may be fired for any reason or for no reason. Employment is at-will unless the employer has taken some type of action to introduce a different policy in the workplace of for a particular employee. Simply put. the below activities may be applicable:      Disclosure or refusal to disclose wages Voluntary participation in alcohol or drug rehabilitation programs Refusal to authorize disclosure of medical history or records Jury duty Political activity . the employer may terminate the employee at any time. pay. duties. benefits. progressive discipline is not a RIGHT. It is not a RIGHT unless promised in an employee handbook. such as unlawful discrimination.

13        Military service Volunteer firefighting Refusal to patronize employer Refusal to commit illegal activity Absenteeism caused by attendance at child's school regarding a suspension Absenteeism for a child's school or daycare activities Domestic violence victim taking time off to obtain a restraining order. or to relocate        Refusal to disclose arrest records that do not lead to convictions Refusal to take polygraph test Enrollment in adult literacy program Refusal to participate in abortions Consideration for employment without regard to results of blood tests for AIDS Serving as election officer on election day Healthcare workers' exercise of statutory duty to report apparent victims of abuse or neglect. Similarly. There are several instances where employers are not able to terminate an employee at will:   Discharges in violation of public policy. If employees have been promised that they will not be fired unless certain conditions are met. a certain number of written warnings. the firing may be considered a wrongful discharge. or some other process before they are finally terminated. The courts also limit employers' rights to terminate employees at-will. receive care or counseling. Discharges that violate the “good faith and fair dealing” principle. For instance. . the employer must comply with these promises or face a claim for wrongful discharge. If an employer fails to carry out these preliminary procedures before firing an employee. without suffering discharge or discipline Some employees are not at-will and are promised some type of job security. a discharge may be "wrongful" when an employer violates an employee's procedural rights. some employers promise employees a formal hearing.

Employers should regularly review all of their personnel policies and procedures. Discharges for cooperation with any investigation. After the above offers no resolutions to the problem .terminate employment of an individual who refuses to improve. Terminate with confidence by preserving the “at-will” employment status of employees. Be fair in all employment practices. Employment-related litigation is becoming more common. Progressive discipline should be used in a case-by-case basis. designed to fit each unique situation. and employees are recovering larger and larger verdicts. Typical steps in a progressive discipline doctrine may include the following:  Counseling employees about performance issues and obtaining feedback on the employee’s understanding of the requirements    Verbal warnings or reprimands Documenting verbal warnings in an effort to improve performance Provisions for suspensions. Termination under these circumstances is wrongful and often results in a wrongful discharge suit. Discharges for employee seeking rights under applicable law. Each Employee Is Unique Each employee is unique and progressive discipline should not be used in a “cookie cutter” type approach. Termination Terminating an employee can be one of the greatest risks an organization faces. Discharges for testifying or future testimony in any action brought under appropriate law. to ensure that no promises or statements are being made that could . and the majority of these stem from improper discharge actions.14     Discharges that involve breach of contract. The vast majority of lawsuits filed against organizations are employment related. etc. as well as employee handbooks and other written personnel documents.

15 be construed as a binding employment contract. a sound disciplinary system should give advance warning to the employees as to the implications of not conforming to the standards of behavior/code of conduct in an organization. likewise. Finally. Fairness. Prior warning and notice. 3. the burn is immediate. . Impersonal. Mc Gregor propounded the “red hot stove rule” which says that a sound and effective disciplinary system in an organization should have the following characteristics1. honesty. Immediate. there should be high consistency in a sound disciplinary system.Just as when you touch a red hot stove. consistent and fair. Characteristics of a Sound Disciplinary System (Red Hot Stove Rule) Discipline should be imposed without generating resentment.Just as a person is burned because he touches the red hot stove and not because of any personal feelings. 4. similarly the penalty for violation should be immediate/ immediate disciplinary action must be taken for violation of rules. likewise.Just as an individual has a warning when he moves closer to the stove that he would be burned on touching it.Just as a red hot stove burns everyone in same manner. All employers should publish written disclaimers that preserve the employment-at-will relationship. when terminating employees. Whenever possible an employee should be given advance warning that particular behavior or continued misconduct could result in termination. impersonality should be maintained by refraining from personal or subjective feelings. Consistent. and candor with employees are the keys to defending against or successfully avoiding employment-related lawsuits. 2. likewise. an employer should confirm that its action is uniform.

Major penalties. transfer. etc. a sound disciplinary system presupposes1. there are two kinds of penalties categorized asa. Discipline should be uniformly enforced always. fines.The employees should be well aware of the desired code of conduct/ standards of behavior in the organization. Acquaintance/Knowledge of rules. Timely action. discharge.This includes demotion. Fair and just action. etc. loss of privileges. 2.The disciplinary system should be preventive and not punitive. There should be no favoritism. The employees should not only be explained the reason for actions taken against them but also how such fines and penalties can be avoided in future. This code of discipline should be published in employee handbook. Minor penalties. written warning.Timely enquiry should be conducted for breaking the code of conduct in an organization. b. The more later the enquiry is made.16 In short. Types of Penalties for Misconduct/Indiscipline For not following the standards of behavior/code of conduct in an organization.This includes oral warning. 4. Positive approach. 3. Concentrate on preventing misconduct and not on imposing penalties. dismissal.There should be same punishment for same offence/ misconduct. withholding increments. . the more forgetful one becomes and the more he feels that punishment is not deserved.

If management will adopt those policies which is suitable for employee then defiantly grievance will not come from employee and they will work with their full energy and if they will work with full energy then defiantly management will able to reach their vision through proper mission . fair and equitable treatment of employees. As stated above is a brief synopsis of the complex issues and potential risks that might arise when organizations decide to discipline and / or terminate employees. confusion. discipline implies obedience. orderliness and maintenance of proper subordination among employees. corruption and disobedience in an organization. In absence of discipline. so to stop this type of activity the management should find out the cause of grievance and for solving that problem management should adopt formal steps like meeting with employee . so that management can understood the problem of employee and should make policies and procedure for solving that grievance but whatsoever policies and procedure management will make must be suitable for employee otherwise the problem will remain the same and its duty of management to see the rights of employee and make policies according to that and from this both employee and management will get benefit. injustice in job and its nature etc. etc. If our employees are disciplined then defiantly they will work according to policies and procedure of management and that will give success to employee swells to management. . plan before you act and be careful! Strong “At-Will” policies and careful pre-termination analysis go a long way in reducing the potential for privacy-based employment claims. appropriate salary structure. Discipline in an organization ensures productivity and efficiency. Discipline implies confirming with the code of conduct established by the organization. In short. For getting success one thing is very important that is Employee Discipline. Obtain all the facts. A disciplined employee will be organized and an organized employee will be disciplined always. Work recognition. there will be chaos. Employee behavior is the base of discipline in an organization.17 Conclusion At last I like to conclude that Employee Grievance is a result of dissatisfaction and this comes from many reason like policies and procedure of management . effective grievance handling and job-security all contribute to organizational discipline. It encourages harmony and co-operation among employees as well as acts as a morale booster for the employees.

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