Module iv

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LEGAL ENVIRONMENT AND INDUSTRIAL LEGISLATIONS

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Module iv

  1. 1. MODULE - IVGRIEVANCE PROCEDURE
  2. 2. DEFINITIONS According to Beach, “any dissatisfaction or feeling of injustice in connection with one’s employment situation that is brought to the notice of the management.” According to Flippo, “the grievance as a type of discontent which must always be expressed. A grievance is usually more formal in character than a complaint. It can be valid or ridiculous, and must grow out of something connected with company operations or policy. It must involve an interpretation or application of the provisions of the labour contract.”
  3. 3. NEED FOR GRIEVANCE PROCEDUREIt disturb the employeesPersonality ConflictsReach the Higher ManagementIt acts as a pressure valve
  4. 4. CAUSES OF GRIEVANCES Demands for individual wage adjustments; Complaints about the incentive system; Complaints about the job classifications; Complaints against a particular foreman; Complaints concerning disciplinary measures and procedures; Objections to the general methods of supervision; Economic Work environment Supervision Work Group Miscellaneous
  5. 5. PRE-REQUISITES FOR GRIEVANCE PROCEDURE Conformity with Prevailing Legislation Clarity Simplicity Promptness Training Follow-up
  6. 6. APPROACHES TO GRIEVANCE MACHINERY Try to avoid problems Be a good listener Have patience Avoid personal consideration Remember that you and the employee will have to work together Do not get upset or resort to threats Appeal to the management’s interest Settle each grievance on its merit Remember that the management too has its rights Keep the aggrieved worker constantly Permit the employee to correct his mistake
  7. 7. DEFINITION According to Dessler, “discipline is a procedure that corrects or punishes a subordinate because a rule of procedure has been violated.” According to Rue and Byars, “discipline should be viewed as a condition within an organisation whereby employees know what is expected of them in terms of the organisation’s rules, standards and policies and what the consequences are of infractions.”
  8. 8. ELEMENTS OF DISCIPLINE The objective is orderly behaviour. Orderly behaviour is a group desire Orderly behaviour assists the attainment of organisational goals self-discipline Punitive actions are needed to correct them.
  9. 9. OBJECTIVES OF DISCIPLINARY ACTION To enforce rules and regulations. To punish the offender. To serve as an example for others to strictly follow rules. To ensure the smooth running of the organisation. To increase working efficiency. To improve working relations and tolerance. To develop a working culture this improves performance.
  10. 10. ESSENTIALS OF DISCIPLINE SYSTEM Rules and performance criteria Documentation of the facts. Consistent response to rule violations. Training of supervisors. Prompt action. Impersonal discipline. Reasonable penalty. Follow up.
  11. 11. DISCIPLINARY AUTHORITY Disciplinary authority; Appellate authority; and Reviewing authority. Preliminary enquiry, Framing and serving of charge-sheet, Holding of domestic enquiry, Report of the enquiry officer, Consideration of the report of the enquiry officer by disciplinary authority, Order of punishment and its communication, and Appeal.
  12. 12. JUDICIARY APPROACH TO DISCIPLINE The industrial employment (Standing orders) act was passed in 1946 with a view to improve the industrial relations climate.  The act requires that all establishments must define the service rules and prepare standing orders.  The term standing orders refers to the rules and regulations which govern the conditions of employment of workers.  They indicate the duties and responsibilities on the part of both the employer and employees.  Any violation or infringement of the following terms and conditions may lead to misconduct and discipline.
  13. 13. ESSENTIALS OF GOOD DISCIPLINE SYSTEM Rules and performance criteria Documentation of the facts. Consistent response to rule violations. Training of supervisors. Prompt action. Impersonal discipline. Reasonable penalty. Follow up.
  14. 14. CONFLICT Conflict is an expression of hostility, negative attitude, rivalry, disagreement, incompatibility, incongruence etc. It is manifested in a fight, a collusion, a struggle, a contest, an opposition, a mental strife, an agony etc. Further, it is manifested in shouting, insulting, cursing, humiliating, making accusations, sulking, shedding tears, withdrawal, physical violence, avoidance, taking revenge, back-stabbing etc.
  15. 15. REASONS FOR CONFLICT Internal boundaries External boundaries Territorial boundaries Material / Goods resources Weak / Poor management Leadership Style Economic causes Social causes Political causes Technical cau Psychological causes Market causes Legal causes
  16. 16. NATURE OF CONFLICT Non-cooperation Arguments and quarrelsome behaviour – indiscipline. Hostility and irritations. Stress, strain and anxiety. Unwillingness to negotiate or participate in discussions Resentment or withdrawal Absenteeism, alcoholism or high incidence of accidents. ‘work to rule’ or ‘go slow’ tactics Demonstrations Strikes. Conflict / Dispute caused by Management A few causes are  Lay-off  Lock-out  Termination.
  17. 17. TYPES OF INDUSTRIAL CONFLICT Perceived conflicts Latent Conflict Manifest conflict Line and Staff Conflict Organised and unorganised conflict Levels of conflict

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