Grievances & discipline, union & association

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Any dissatisfaction or feeling of injustice in connection with one’s employment situation that is brought to the notice of the management.

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Grievances & discipline, union & association

  1. 1. 10/31/2013 Grievances & discipline, Trade union & Associations 1
  2. 2. An employee’s dissatisfaction or feeling of personal injustice relating to his employment. 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. 10/31/2013 Grievances & discipline, Trade union & Associations 2
  3. 3. Factual Grievances arise when legitimate needs of employee remain unfulfilled. Imaginary An employee’s dissatisfaction is not because of any valid reason but because of a wrong perception, attitude or wrong information. Disguised An employee may have dissatisfaction for reasons that are unknown to himself. 10/31/2013 Grievances & discipline, Trade union & Associations 3
  4. 4. Economic Work environment Supervision Work group Miscellaneous 10/31/2013 Grievances & discipline, Trade union & Associations 4
  5. 5. •On production include : • Low quality of production • Low quality of production and productivity • Increase in the wastage of material, spoilage of machinery. • Increase the cost of production per unit. 10/31/2013 Grievances & discipline, Trade union & Associations 5
  6. 6. •On the employee : •Increase the rate of absenteeism and turnover. •Reduce the level of commitment, sincerity and punctuality. •Increase the incidence of accidents. •Reduce the level of employee moral. 10/31/2013 Grievances & discipline, Trade union & Associations 6
  7. 7. •On the managers : •Strains the superior-subordinates relations. •Increase the degree of supervision, control and following up. •Increase in indiscipline cases. •Increase in unrest and there by machinery to maintain industrial peace. 10/31/2013 Grievances & discipline, Trade union & Associations 7
  8. 8. • Identify grievances • Define correctly • Collect data • Analyze and solve • Prompt redressal • Implement and follow up 10/31/2013 Grievances & discipline, Trade union & Associations 8
  9. 9. Aggrieved Employee Departmental Representative 48 Hours Head of Department 03 DAYS Grievance Committee 07 Days Chief Executive 07 Days Settlement of grievance Voluntary Arbitration
  10. 10. •Observation •Grievance procedure •Grip boxes •Open door policy •Exit interview •Opinion surveys 10/31/2013 Grievances & discipline, Trade union & Associations 10
  11. 11.  The management can know the employee feelings and opinion about the company’s policies.  With the existence of a grievance handling procedure, the employee gets a chance to express his feelings.  It keeps on the supervisor’s attitude and behavior towards their subordinates.  The moral of the employees will be high with the existence of proper grievance handling procedure. 10/31/2013 Grievances & discipline, Trade union & Associations 11
  12. 12. • Conformity with statutory provision • Unambiguity • Simplicity • Promptness • Training • Follow up 10/31/2013 Grievances & discipline, Trade union & Associations 12
  13. 13.  Know your facts- be confident  Whenever possible, through the burden of proof on the management.  Stick to the point –be business like  Settle the Grievance at the first step  Take a positive position – Not defensive  Disagree with dignity  Be Prompt – Follow the Grievance through 10/31/2013 Grievances & discipline, Trade union & Associations 13
  14. 14.  Treat each case as important and get the grievance in writing.  Talk to the employee directly. Give him a patient hearing.  Discuss in a private place. Ensure confidentiality, if necessary.  Handle each case within a timeframe.  Examine company provisions in each case. Identify violations, if any. Do not hold back the remedy if the company is wrong. 10/31/2013 Grievances & discipline, Trade union & Associations 14
  15. 15.  Get all relevant facts about the grievance.  Gather information from the union respective, what he has to say, what he wants, etc.  Control your emotions, your remark and behavior.  Maintain proper records and follow up the action taken in each case. 10/31/2013 Grievances & discipline, Trade union & Associations 15
  16. 16. 10/31/2013 Grievances & discipline, Trade union & Associations 16
  17. 17. A process of controlling one's behaviour and actions, either through self motivation or through teaching and punishment. According to R.D. Calhoon, ‘Discipline is the force that prompts individuals or groups to observe rules and regulations, standards and procedures deemed necessary for an organization. 10/31/2013 Grievances & discipline, Trade union & Associations 17
  18. 18. Negative Discipline Positive Discipline Self Discipline and control 10/31/2013 Grievances & discipline, Trade union & Associations 18
  19. 19. Basis Negative Positive Concept It is adherence to established norms and regulations, out of fear of punishments It is the creation of a healthy climate in an organization so that employees willingly conform to the established rules. Conflict Employees do not perceive the corporate goals as their own. There is no conflict between individual and organizational goals. Supervision Requires intense supervisory control to prevent employees from going off the track. Employees exercise self control to meet organizational objectives. 10/31/2013 Grievances & discipline, Trade union & Associations 19
  20. 20. •Self Disciple and control By self discipline is meant the training that corrects, modules and strengths. It refers to one’s efforts at self-control for the purpose of adjusting oneself to certain needs and demands. 10/31/2013 Grievances & discipline, Trade union & Associations 20
  21. 21. Misconduct is a violation of established rules and procedures. It is an act which is prejudicial to the interest of the organization. It is a serious form of indiscipline against the management. The different form of indiscipline include: • Inconsistent behavior of employee and deviation from the standard behavior • Unsafe behavior of employees •When employee is abusive, disturb the peace and is negligent towards his duties. • Immoral actions of the employees. 10/31/2013 Grievances & discipline, Trade union & Associations 21
  22. 22. Common Discipline Problems Attendance related problem • Unexcused Absence •Leaving without permission •Excessive tardiness Dishonesty related problems • theft and unsafe acts • change employee applications and records •Willfully damaging factory assets Performance related problem • failure to complete assigned work • Producing substandard products Off the job behavior problem •Insubordination •Smoking •Fighting •Carelessness •Sleeping while at work 10/31/2013 Grievances & discipline, Trade union & Associations 22
  23. 23. 1. Absence of effective leadership 2. Unfair management practices 3. Communication barrier 4. Non uniform disciplinary action 5. Divide and rule policy 6. Inadequate attention to personal problems 7. Excessive pressures 10/31/2013 Grievances & discipline, Trade union & Associations 23
  24. 24. Because of legal concern, manager must understand discipline and know how to administer equitably. General guidelines in administrating discipline include making disciplinary action corrective, making disciplinary action progressive and following the “Red Hot Stove Rule”. According to Red Hot Stove Rule, disciplinary action should have the following consequences: 1. Burns Immediately 2. Provides warnings 3. Gives consistent punishments 4. Burns impersonally 10/31/2013 Grievances & discipline, Trade union & Associations 24
  25. 25. There are two ways of dealing employees who do not obey rules and regulations. 1. Positive discipline approach 2. Progressive discipline approach 10/31/2013 Grievances & discipline, Trade union & Associations 25
  26. 26. Positive discipline, based upon reminders, is a cooperative discipline approach where employees accept responsibilities for the desired behavioral change. The focus is on coping with the unsatisfactory performance and dissatisfaction of employees before the problem become major. 10/31/2013 Grievances & discipline, Trade union & Associations 26
  27. 27. Conference b/w employee & supervisor Oral Reminder Written Reminder A Decision Making Leave 10/31/2013 Grievances & discipline, Trade union & Associations 27
  28. 28. In a progressive discipline system, the employee is given ample warning of performance or other work related problems. Failure to change his or her behavior is accompanied by increasingly harsher disciplinary action. Due process is based on the action that employees have the right to be treated fairly particularly when being disciplined. 10/31/2013 Grievances & discipline, Trade union & Associations 28
  29. 29. Improper Behavior Does this violation warrant disciplinary action? YES Does this violation warrant more than an oral warning? YES No disciplinary Action N O Oral Warning N O Does this violation warrant more than a written warning? YES Does this violation warrant more than a suspension Written Warning N O Suspension YES TERMINATION 10/31/2013 Grievances & discipline, Trade union & Associations 29
  30. 30. 1. Issuing a letter of charge/ charge sheet 2. Consideration of explanation 3. Show-cause notice 4. Holding of a full fledged enquiry 5. Making a final order of punishment 6. Follow Up 10/31/2013 Grievances & discipline, Trade union & Associations 30
  31. 31. 1. Rules and performance criteria 2. Documentation of the facts 3. Training of supervisors 4. Centralization Of discipline 5. Impersonal Discipline 6. Progressive Discipline 7. Discipline should be fair 8. Disciplinary action should be prompt 9. Discipline shall be flexible and consistent 10/31/2013 Grievances & discipline, Trade union & Associations 31
  32. 32. 1. Suspension 2. Termination 3. Fine 4. Demotion to a lower grade 5. Warnings 10/31/2013 Grievances & discipline, Trade union & Associations 32
  33. 33. This code was formulated after serious discussion and deliberations on the recommendations of the Indian Labor Conference Held in New Delhi in July 1957. The code of discipline- as things stand now- provides a sound and fruitful basis for resolving differences – voluntarilybetween management and employees through face to face negotiations without any outsider interference. 10/31/2013 Grievances & discipline, Trade union & Associations 33
  34. 34. 1. Maintain peace and order in industry 2. Promote constructive criticism at all levels at of management and employment 3. Avoid work stoppage in industry 4. Secure the settlement of disputes and grievances by a mutually agreed procedures 5. Avoiding rules and regulations 6. Facilitates a free growth of trade unions 10/31/2013 Grievances & discipline, Trade union & Associations 34
  35. 35. 10/31/2013 Grievances & discipline, Trade union & Associations 35
  36. 36.  A trade union is a formal association of workers that promotes and protects the interests of its member through collective action.  Trade union Act of 1926, the term is defined as any combination, whether temporary or permanently, formed primarily for the purpose of regulating the relation between workers and employee, or for imposing restrictive condition on the conduct of any trade or business and include any federation of two or more union. 10/31/2013 Grievances & discipline, Trade union & Associations 36
  37. 37.  Wages and salaries  Working condition  Discipline  Personnel policy  Employee-employer relation  Negotiating machinery  Safeguarding organizational health and the interest of the industry 10/31/2013 Grievances & discipline, Trade union & Associations 37
  38. 38.  Militant or protective or intra mutual functions  Fraternal or extramural function  Political function  Social function 10/31/2013 Grievances & discipline, Trade union & Associations 38
  39. 39.  Improve their bargaining power  Voice their concerns, grievances problem etc in a united manner  Have a platform for self expression and cross fertilization of ideas, thoughts, feeling concerning work, working conditions, work environment etc.  Minimize discrimination and favoritism especially in matter relating to pay, transfer promotion etc.  Secure adequate in case of illness, accident, unemployment etc.  Strike rapport with others and improve their working relationship and thereby develop a sense of belongingness and togetherness – a feeling of being part of a larger family with minimal conflict and tension 10/31/2013 Grievances & discipline, Trade union & Associations 39
  40. 40.  Craft union  Industrial union  General union  Federations 10/31/2013 Grievances & discipline, Trade union & Associations 40
  41. 41.  Trade union leadership  Multiple unions  Union rivalry  Finance  Others problem  Illiteracy  Uneven growth  Low membership  Heterogeneous nature of labor  Lack of interest  Absence of paid office bearers 10/31/2013 Grievances & discipline, Trade union & Associations 41
  42. 42. 1. 2. 3. United Labor Front: Unions must put up a joint front. Multiple unions dissipates their energies, dilute their power and reduce their effectiveness. Efficiency Leadership: Management should encourage internal workers to lead their own movement. Management and union should provide educational and training facilities for the development of internal employees. Membership Free: The membership fees should be raised at the workers’ wages have increased significantly, compared to the situation in 1926 when trade union act provided for the collection of 25 paisa per month per member as subscription fees. 10/31/2013 Grievances & discipline, Trade union & Associations 42
  43. 43.  Trade union should extend welfare measures to the member and actively pursue social responsibility.  The trade union act should be amended in order to avoid dual membership.  There should be legal provision for the recognition of the respective union.  Union should not intervene in day to day matter. They must focus on important issues affecting workers. 10/31/2013 Grievances & discipline, Trade union & Associations 43
  44. 44. Early Period: Efforts towards organizing the workers for their welfare were made, during the early period of industrial development by social workers, philanthropists and other religious leader mostly on humanitarian ground. Some of the important unions established during the period are:  Amalgamated Society Of Railway Servants of India and Burma (1897)  the printers union,clacutta (1905)  the bombay pistol union (1907)  the Kampar hitavardhak sabha (1910)  the social service league(1910). But these unions were treated as adhoc bodies and could not serve the purpose of trade unions. 10/31/2013 Grievances & discipline, Trade union & Associations 44
  45. 45. A Modest Beginning – the beginning of the labor movement in the modern sense started after the outbreak of world war 1 in the country . Economic , political and social condition of the day influenced the growth of trade union movement in India . Establishment of international labor organization in 1919 helped the formation of trade union in the country .madras labor union was formed on systematic lines in 1919. 10/31/2013 Grievances & discipline, Trade union & Associations 45
  46. 46. Recommendations of National Commission on Labor  It would be desirable to make recognition compulsory a central law in all undertaking employee 100 or more or where the capital invested is above a stipulated size .  A trade union seeking recognition as a bargaining agent from an individual employee should have a membership of at least 30% of workers in the establishment .  The minimum membership should be at least 25% if recognition is sought for in an industry in a local area.  The minority union should be allowed only the right to represent the cases of dismissal and discharge of their members before labor court. 10/31/2013 Grievances & discipline, Trade union & Associations 46
  47. 47. 10/31/2013 Grievances & discipline, Trade union & Associations 47
  48. 48. Employers’ Associations came into existence as a result of the formation of ILO (International Labor Organization) and the growing presence of Trade Unions, especially after the First World War. The Royal Commission on Labor, 1929, recommended that the Indian employers need and some other factors which influenced the formation of unions of managers, senior executives and other officers, are nationalization and rationalization of pay and perquisites, and anomalies in pay arising from the recommendations of Pay Commissions and Wage Boards and their implementation. 10/31/2013 Grievances & discipline, Trade union & Associations 48
  49. 49. This is mainly concerned with matters relating to a wide range of employment issues including industrial relations.  Formal groups of employers set up to defend, represent or advise affiliated employers and to strengthen their position in society at large with respect to labor matters as distinct from economic matters. They may conclude collective agreements but this is not a formal rule and cannot be an element of their definition. 10/31/2013 Grievances & discipline, Trade union & Associations 49
  50. 50. Primary Objectives  Promote and protect the interest of employers engaged in industry, trade and commerce in India.  Study, analyze and disseminate information relating to labor policy, labor management relations, collective bargaining, etc.  Offer advice concerning various aspects of labor policy.  Liaise with Union Government and initiate steps that are representative and legislative in nature. 10/31/2013 Grievances & discipline, Trade union & Associations 50
  51. 51. Train and develop staff and members. Obtain data on wages and conditions of work in industries attached to them. Come out with surveys, research-based reports on issues of importance to both labor and management. Take up projects for social and family welfare. Deal with safety and health at work place and working environment. Initiate steps to improve public image and improve public relations. Educate the public regarding the character, scope, importance and needs of trade, industry and commerce represented by members. 10/31/2013 Grievances & discipline, Trade union & Associations 51
  52. 52. At present EA’s are organized at three levels:  Local Organizations: They serve the interests of local businessmen. The Bombay Mill Owners Association, for example, has been formed to protect the local interests of manufacturing units operating within the city. Such bodies operate through the local chambers of commerce.  Regional Organizations: The regional outfits such as Employers’ Federation to South India, Employers 'Association, Calcutta are affiliated to central employers organization. They offer consultancy service; take care of training, safety and welfare measures on behalf of their members. They even have special committees for specific region or industry related problems. 10/31/2013 Grievances & discipline, Trade union & Associations 52
  53. 53.  Central Organizations: AIOE, EFI, IOE operated as apex bodies governing the affairs of several regional, local associations. To have better coordination a super structure called the Council of Indian Employers was formed in 1956, bringing AIOE and EFI under one umbrella. 10/31/2013 Grievances & discipline, Trade union & Associations 53
  54. 54.  AlOE: The All India Organization of Employers is a unitary type of organization, setup in 1953; members hail from manufacturing, banking, insurance, commercial establishments; and has no sub Organization on an industrial or geographical basis. The President is elected every year.  IOE: International Organization of Employers, represents the interests of employers in all social and labor matters at the international level. Founded in 1920 with headquarters in Geneva, it has a membership of Employers’ Associations from over 100 countries. The Central Council of Indian Employers is a matter of IDE. 10/31/2013 Grievances & discipline, Trade union & Associations 54
  55. 55.  EFI: The Employers’ Federation of India has a federal structure formed in 1933, it has governing body executive committee and the secretariat. The governing body formulates policies, the executive committee implements policies and the secretariat with its own permanent staff is responsible for carrying out the decisions of the governing body. It had only four presidents in over 50 years. EFI was registered as a trade union in 1963 under the Indian Trade Unions Act of 1926. 10/31/2013 55
  56. 56. The employers’ associations may be registered under any of the following pieces of legislation: The Trade Union Act, 1926; the Indian Companies Act, 1956; or the societies registration Act,1960. The AIOE, as started previously remained a registered body under the Indian Trade Union Act. This helped AIOE to take up test cases before the courts and industrial tribunals. This is mainly done to avoid the burden of income tax on its steadily growing income. 10/31/2013 56
  57. 57. 10/31/2013 Grievances & discipline, Trade union & Associations 57

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