Grievance Procedure

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The key takeaways are that a grievance procedure is necessary for any organization to address employee dissatisfaction and prevent issues from escalating. It provides a formal process for employees to raise issues and for management to address them in a fair manner.

The document describes grievance procedures that typically involve 3 to 5 steps, with early steps involving direct discussions between the employee and lower level managers, and later steps escalating to committees, unions, and potentially arbitration if not resolved earlier.

Common causes of grievances mentioned include issues related to wages, incentives, job roles, supervision, seniority, promotions, discipline, health and safety, and contract or agreement violations.

GRIEVANCE PROCEDURE

A grievance is a sign of employee’s discontent with job and its


nature. The employee has got certain aspirations and
expectations which he thinks must be fulfilled by the organisation
where he is working. When the organisation fails to satisfy the
employee needs, he develops a feeling of discontent or
dissatisfaction. Thus, grievance is caused due to the difference
between the employee expectation and management practices.
Breach defines a grievances as “ any dissatisfaction or feeling of
injustice in connection with one’s employment situation that is
brought to the notice of the management
Jucius defines a grievance as “ ---- any discontent or
dissatisfaction, whether exposed or not, whether valid or not,
arising out of anything connected with the company which an
employee thinks, believes or even feels to be unfair, unjust or
inequitable

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Need for a Grievance
Procedure
Grievance procedure is necessary for any organisation due to the
following reasons.

4. Most grievances seriously disturb the employees. This may affect


their morale, productivity and their willingness to cooperate with the
organisation. If an explosive situation develops, this can be promptly
attended to if a grievance handling procedure is already in existence.

6. It is not possible that all the complaints of the employees would be


settled 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.

8. It serves as a check on the arbitrary actions of the management


because supervisors know that employees are likely to see to it that
their protest does reach the higher management.

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1. It serves as an outlet for employees gripes, discontent and
frustration. It acts like a pressure valve on a steam boiler. The
employees are entitled to legislative, executive and judicial protection
and they get this protection from the grievance redressal procedure,
which also acts as a means of upward communication. The top
management becomes increasingly aware of employees problems,
expectations and frustrations. It becomes sensitive to their needs,
and cares for their well-being. This is why the management, while
formulating plans that might affect the employees – for example plant
expansion or modification, the installation of labour – saving devices,
etc. should take into consideration the impact that such plans might
have on the employee.

3. 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. But if 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.

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The Causes of Grievances
The causes of employee grievances includes:
ii. Demands for individual wage adjustments,
iii. Complaints about the incentive systems
iv. Complaints about the job classifications,
v. Complaints against a particular foreman
vi. Complaints concerning disciplinary measures and procedures.
vii. Objections to the general methods of supervision,
viii. Loose calculation and interpretation of seniority rules, and
unsatisfactory interpretation of agreements.
ix. Promotions
x. Disciplinary discharge or lay-off,
xi. Transfer for another department or another shift,
xii. Inadequacy of safety and health services / devices
xiii. Non-availability of material in time
xiv. Violation of contracts relating to collective bargaining
xv. Improper job assignment, and
xvi. Undesirable or unsatisfactory conditions of work.

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EFFECTS OF GRIEVANCES
Grievances, if they are not identified and redressed, may affect adversely the workers,
managers and their organisation. The effects include:
1. On production :
 Low quality of production
 Low quality of production and productivity
 Increase in the wastage of material, spoilage/leakage of machinery.
 Increase in the cost of production per unit.
2 On employees:
 Increase in the rate of absenteeism and turnover
 Reduces the level of commitment, sincerity and punctuality.
 Increases the incidence of accidents.
 Reduces the level of employee morale.
3. On managers:
 Strains the superior-subordinate relations.
 Increases the degree of supervision, control and follow up.
 Increases in disciplinary action cases.
 Increases in unrest and, thereby, machinery to maintain industrial peace.

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Beach also refers to several reasons why there should be a
formal procedure to handle grievances:
 All employee complaints and grievances are in actual practice
not settled satisfactorily by the first level supervisor, due to lack
of necessary human relations skills or authority to act.
 It serves as a medium of upward communication, whereby the
management becomes aware of employee frustrations, problems
and expectations.
 It operates like a pressure-release valve on a steam boiler,
providing the employees with an outlet to vent their frustrations,
discontents and gripes.
 It also reduces the likelihood of arbitrary action by supervisors,
since the supervisors know that the employees are able to
protect such behaviour and make their protests heard by higher
manager.
 The very fact that employees have a right to be heard-and
actually are heard-helps to improve morale.

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The benefits of a Grievance
Handling Procedure
According to Jackson, further benefits that will accrue to
both the employer and employees are:
 It encourages employees to raise concerns without fear of
reprisal.
 It provides a fair and speedy means of dealing with complaints.

 It prevents minor disagreements developing into serious


disputes.
 It saves employer’s time and money as solutions are found for
workplace problems.
 It helps to build an organisational climate, based on openness
and trust.

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Objective of a Grievance-
Handling Procedure
Jackson lays down the objectives of a grievance-handling
procedure as follows:
 To enable the employees to air his/her grievance

 To clarify the nature of the grievance

 To investigate the reasons for dissatisfaction

 To obtain, where possible, a speedy resolution to the problem

 To take appropriate actions and ensure that promises are kept.

 To inform the employee of his or her right to take the grievance


to next stage of the procedure, in the event of an unsuccessful
resolution.

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KEY FEATURES OF A GOOD GRIEVANCE-
HANDLING PROCEDURE

Torrington and hall refer to four key features of a grievance-handling


procedure;

Fairness
Fairness is needed not only to be just but also to keep the procedure
viable, for if employees develop the belief that the procedure is only a
sham, then its value will be lost, and the other means sought to deal
with the grievances. This also involves following the principles of natural
justice, as in the case of a disciplinary procedure.

Facilities for Representation


Representation , e.g. by a shop[ steward, can be of help to the
individual employee who lacks the confidence or experience to take on
the management single-handedly. However, there is also the risk that
the presence of the representative produces a defensive management
attitude, affected by a number of other issues on which the manager
and shop steward may be at loggerheads

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Procedural Steps
Steps should be limited to three. There no value in having more
just because there are more levels in management hierarchy.
This will only lengthen the time taken to deal with matters and
will soon bring the procedure into disrepute.

Promptness
Promptness is needed to avoid the bitterness and frustration that
can come from delay. When an employee goes into procedure, it
is like pulling the communication cord in the train . The action is
not taken lightly and it is in anticipation of a swift resolution.
Furthermore, the manager whose decision is being questioned
will have a difficult time until the matter is settled.

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The Discovery of Grievances
Grievances can be uncovered in a number of ways. Gossip and grapevine
offer vital clues about employee grievances. Gripe boxes, open door
policies, periodic interviews, exit surveys could also be undertaken to cover
the mystery surrounding grievances. These methods are discussed below;

a. 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 spot such unusual behaviours and report promptly.

b Grievance Procedure: A systematic grievance procedure is 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 erupt in
violent forms at a future date. By that time things might have taken an ugly
shape, 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.

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a. 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 frankly and without any fear of victimisation.

c. 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.

e. 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
organisation. To elicit valuable information, the manager must encourage the
employees to give a correct picture so as to rectify the mistakes promptly. If the
employee is not providing fearless answers, he may be given a questionnaire to
fill up and post the same after all his dues are cleared from the organisation
where he is currently employed.

g. Opinion Surveys: Surveys may be conducted periodically to elicit the opinions


of employees about the organisation and its politics.

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ESSENTIAL PREREQUISITES
OF A GRIEVANCE PROCEDURE
Every organisation should have a systematic grievance procedure in
order to redress the grievances effectively. As explained above,
unattended grievances may culminate in the form of violent conflicts
later on. The grievance procedure, to be sound and effective, should
possess certain prerequisites:

3. Conformity with statutory provisions: Due consideration must be


given to the prevailing legislation while designing the grievance-
handling procedure.

5. Un ambiguity; 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 minimum time in which the redressal is
assured, etc. The redressing official should also know the limits within
which he can take the required action.

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1. 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.

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


handled and necessary action must be taken immediately. This is
good for both the employer and management, because if the wrong
doer is punished late, it may effect the morale of other employees as
well.

5. Training: The supervisors and the union representatives should be


properly trained in all aspects of grievance-handling beforehand, or
else it will complicate the problem.

7. 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

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Steps in the Grievance
Procedure
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.
 Define correctly: The management has to define the problem
properly and accurately after it is identified/acknowledged.
 Collect Data: Complete information should be collected from all
the parties relating to the grievance. Information should be
classified as facts, data, opinions, etc.
 Prompt redressal: The grievance should redressed by
implementing the solution.
 Implement and follow up: The Implementation of the solution
must be followed up at every stage in order to ensure effective
and speedy implementation.:

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MODEL GRIEVANCE PROCEDURE
The Model grievance procedure suggested by the National Commission
of Labour involves six successive time bound steps each leading to the
next, in case of dissatisfaction. The aggrieved worker in the first
instance will approach the foreman and tell him of his grievances orally.
The foreman has to redress his grievance and if the worker is not
satisfied with this redressal, he can approach the supervisor. 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. At this stage, the worker
either alone or accompanied with his departmental representative
approaches the Head of the Department who has to give an answer
within three days. If the Department fails to give answer or if the worker
is not satisfied with his answer, the worker may appeal to the Grievance
Committee, consisting of the representatives of the employer and the
employees. The recommendation of this Committee should be
communicated to the Manager with in seven days from the date of the
grievance reaching it. Unanimous decisions, if any, of the Committee
shall be implemented by the Management. If there is no unanimity, the
views of the members of the Committee shall be placed before the
Manager for decision. The Manager has to take a decision and the
worker within three days.

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The worker can make an appeal against the manager’s decision
and such an 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 receipt of the management’s decision. The
worker in actual practice may not resort to all the above
mentioned steps. For example, if the grievance is piqued
because of his dismissal or discharge he can resort to the
second step directly and he can make an appeal against
dismissal or discharge.

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Redressal of Grievances
(ROG)
Nair and Nair state that in the Indian context, certain guidelines were
evolved in formulating grievances-handling procedures in different
types of organisations –small, big, unionised, non-unionised.

According to Nair and Nair, grievance-handling procedures can be


broadly classified as 3-step, 4-step or 5-step. One of the prominent
features of the procedure suggested by Nair and Nair is the intervention
of Grievance Committees in the 5-step procedure, which works in the
Indian context. This committee consists of:

5. In unionised context, two nominees each from the management and


the union (union representative should be from the same department as
the aggrieved employee)

7. In a non-unionised set up, two representatives from the management,


representative in the Works secretary/vice president of the ‘Works
Committee.”

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GRIEVANCE MANAGEMENT IN
INDIAN INDUSTRY
At present, there are three legislations dealing with the
grievances of employees working in industries. The Industrial
Employment (Standing Orders) ACT, 1946, REQUIRES THAT
EVERY 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 wrongfu7l
actions by 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 existing labour
legislation. Besides, individual disputes relating to discharge,
dismissal or retrenchment can be taken up for relief under the
Industrial Disputes Act, 1947, as amended in 1965.

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However, the existing labour legislation is not being implemented
properly by employers. There is a lack of fairness on their part.
Welfare Officers have also not been keen on protecting the
interests of workers in the organised sector. In certain cases,
they are playing a dual role. It is unfortunate that the public
sector, which should set up an example for the private sector,
has not been implementing labour laws properly.

In India, a Model Grievance Procedure was adopted by the


Indian Labour Conference in its 16th session held in 1958. At
present, Indian Industries are adopting either the Model
Grievance Procedure or procedures formulated by themselves
with modifications in Model Grievance Procedure. In other words,
the grievance procedures are mostly voluntary in nature.

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Guidelines for Handling Grievances
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.

 Treat every case as i8mportant and get the grievance in writing.


 Talk to the employee directly. Encourage him to speak the truth.
Give him a patient hearing.
 Discuss in a private place. Ensure confidentiality, if necessary.
 Handle each case within a time frame.
 Examine company provisions in each case. Identify violations, if
any. Do not hold back the remedy if company is wrong. Inform
your superior about all grievances.
 Get all relevant facts about the grievance. Examine the personal
record of the aggrieved worker.

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