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TITLE
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

Table of content
Page no

1. Introduction 3 2. Employee Grievance.... 4 3. Form of Grievance4-5 4. Cause of Grievance6-7 5. Grienvance procedure.7-9 6. Employee discipline ...9-10 7. Discipline is viewed from two angles/dimensions.10-11 8. Progressive Discipline system.11-15 9. Sound Disciplinary System.15-16 10 Types of Penalties for Misconduct/Indiscipline.16 11. Conclusion17

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, so this is called Employee Grievance .There is many forms Employee Grievance like: 1. Individual Grievance 2. Group Grievance 3. Policy Grievance Employee Grievance may raise due to many reason like, Improper working conditions such as strict production standards, unsafe workplace, bad relation with managers, etc, Irrational management policies such as overtime, transfers, demotions, inappropriate salary structure, etc,Violation of organizational rules and practices, etc. 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. Effective grievance management is an essential part of personnel management. Discipline means systematically conducting the business by the organizational members who strictly adhere to the essential rules and regulations. A disciplined employee will be organized and an organized employee will be disciplined always. Employee behavior is the base of discipline in an organization. Discipline implies confirming with the code of conduct established by the organization. Discipline in an organization ensures productivity and efficiency. It encourages harmony and co-operation among employees as well as acts as a morale booster for the employees. In absence of discipline, there will be chaos, confusion, corruption and disobedience in an organization. In short, discipline implies obedience, orderliness and maintenance of proper subordination among employees. Work recognition, fair and equitable treatment of employees, appropriate salary structure, effective grievance handling and job-security all contribute to organizational discipline.

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, about the management policies and procedures. It must be expressed by the employee and brought to the notice of the management and the organization. Grievances take the form of collective disputes when they are not resolved. Also they will then lower the morale and efficiency of the employees. Unattended grievances result in frustration, dissatisfaction, low productivity, lack of interest in work, absenteeism, etc. In short, grievance arises when employees expectations are not fulfilled from the organization as a result of which a feeling of discontentment and dissatisfaction arises. This dissatisfaction must crop up from employment issues and not from personal issues.

Grievance has the following features:


1 It reflects dissatisfaction if discontent arises out of employment. 2 A grievance may be expressed verbally or in writing. Verbal grievance includes gossiping, jealous, argumentation, poor workmanship etc. Written grievances are often called complaints. 3 The dissatisfaction may be valid and legitimate or irrational and ridiculous or false. 4 A grievance arises only when an employee feels that injustice has been done to him. 5 Grievance not redressed in time tends to lower morale and productivity of employees.

Form of Grievance:
There are three basic types of grievances:

A. The INDIVIDUAL grievance, as the name indicates, involves a single individual in the grievance procedure. the following example could constitute grounds to write an individual grievance:

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. Employer refused to adjust.

B. The GROUP grievance, as the name indicates, involves two or more individuals. In a situation involving a group grievance, the Grievance Handler should try to get everyone in the bargaining unit within their jurisdiction (groups, departments, etc.) to sign the grievance. This is especially true in cases of "Production Standards" or "Speedup" grievances under the Grievance Handler's jurisdiction, where ALL of the workers involved should sign the grievance. The following example could constitute grounds for a group grievance: Example: Maintenance engineers received an upgrade in classification and in pay. The increase was not in their last pay cheque.

C. The POLICY grievance is much broader in scope than either the individual or the group grievance. Policy grievances may involve several departments within the bargaining unit structure. As such, they may effect more than one or two workers; they effect several such workers, even the entire workplace. Policy grievances may include new jobs, new classifications, new wage rates, mutual understandings and past practices (union practices) that have been in effect a long time. They may include working conditions, employer concessions, workable practices that exist in departments, offices, 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, because it may affect other workers in the union beyond those whom the Grievance Handler represents. 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. Management did not pay on the first week, but instead, the second week.

Cause of Grievance
When the numbers of people are working together, differences are likely to take place. When things are not as per expectation of employees, this gives dissatisfaction to them. There are many reasons or causes of grievances. Some of the causes of the grievance are following:

Improper working conditions such as strict production standards, unsafe workplace, bad relation with managers, etc.

Irrational management policies such as overtime, transfers, demotions, inappropriate salary structure, etc.

Violation of organizational rules and practices.


Workers Rights: Discrimination and workers rights cover a broad range of incidents or 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. Discrimination may include, and is not limited to, race, sex, age, religion, sexual orientation, national origin, personality, looks, union activity, past incidents and experiences, and political affiliation.

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

7 Lay off and retrenchment Inadequate health and safety devices Victimization.

Grievance procedure
Objective:- The objectives of the grievances procedure will be: to settle grievances of the employees in shortest possible time; at lowest possible level of authority; and to provide for various stages so that the aggrieved employees derive satisfaction of seeking redressal, if required, even from the highest level of the authority.

Scope and Coverage: The procedure will cover all executives of the company upto the level of DGMs. Executives in higher levels may take up their grievances, if any, with their reporting officer. Grievance for the purpose of this procedure would only mean individual grievance and the matters under the scope of this procedure, which can be invoked by an aggrieved executive, shall be those relating to the following: 1. Salary payment 2. Recoveries of dues etc. 3. Increment 4. Working conditions 5. Leave 6. Allotment of quarters 7. Medical facilities 8. Non-extension of benefits under rules 9. Transfer 10. Promotion 11. Similar issues 12. The grievance arising out of the following issues shall not be come under the 13. purview of the grievance procedure:-

8 14. Terms of appointment settled prior to joining 15. Annual performance Appraisal 16. Matters relating to disciplinary enquiry, action and vigilance Cases 17. Where the grievance does not relate to an individual executive.

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. Effective grievance management is an essential part of personnel management. The managers should adopt the following approach to manage grievance effectively1. Quick action- As soon as the grievance arises, it should be identified and resolved. Training must be given to the managers to effectively and timely manage a grievance. This will lower the detrimental effects of grievance on the employees and their performance. 2. Acknowledging grievance- The manager must acknowledge the grievance put forward by the employee as manifestation of true and real feelings of the employees. Acknowledgement by the manager implies that the manager is eager to look into the complaint impartially and without any bias. This will create a conducive work environment with instances of grievance reduced. 3. Gathering facts- The managers should gather appropriate and sufficient facts explaining the grievances nature. A record of such facts must be maintained so that these can be used in later stage of grievance redressed. 4. Examining the causes of grievance- The actual cause of grievance should be identified. Accordingly remedial actions should be taken to prevent repetition of the grievance. 5. Decisioning- After identifying the causes of grievance, 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.

9 6. Execution and review- The manager should execute the decision quickly, ignoring the fact, that it may or may not hurt the employees concerned. After implementing the decision, a follow-up must be there to ensure that the grievance has been resolved completely and adequately. 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 also helps the management to frame policies and procedures acceptable to the employees. It becomes an effective medium for the employees to express t feelings, discontent and dissatisfaction openly and formally.

Employee discipline
Discipline means systematically conducting the business by the organizational members who strictly adhere to the essential rules and regulations. 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. A disciplined employee will be organized and an organized employee will be disciplined always. Employee behavior is the base of discipline in an organization. Discipline implies confirming with the code of conduct established by the organization. Discipline in an organization ensures productivity and efficiency. It encourages harmony and co-operation among employees as well as acts as a morale booster for the employees. In absence of discipline, there will be chaos, confusion, corruption and disobedience in an organization. Discipline of employees often gives rise to employment litigation. The following general guidelines for dealing with employees with disciplinary problems may help employers avoid litigation. Employers should have clear disciplinary standards and evidence that employees were given notice of such policies and procedures. These standards must be applied uniformly. The company should retain the right to determine what discipline will be imposed in each individual situation. The disciplinary procedure should follow four rules:

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The employee must know the nature of the problem. The employee must know what he or she must do to fix the problem. The employee must have a reasonable period of time in which to fix the problem. The employee must understand the consequences of inaction.

Employers must create a discipline policy that will not limit their right to enforce appropriate disciplinary measures. The law requires employers to match the discipline to the seriousness of the offense. The challenge for employers is how to reconcile being consistent in the application

of discipline, but still take into consideration the specific facts which tend to make each disciplinary incident unique. Evaluate these 4 criteria when determining the most effective level of disciplinary action:

1. The severity of the offense. 2. The employees past performance record. 3. The employees length of service with the organization. 4. The organizations past practice when dealing with this situation. In short, discipline implies obedience, orderliness and maintenance of proper subordination among employees. Work recognition, fair and equitable treatment of employees, appropriate salary structure, effective grievance handling and job-security all contribute to organizational discipline.

Discipline is viewed from two angles/dimensions:


1. Positive Discipline: Positive Discipline implies discipline without punishment. The main aim is to ensure and encourage self-discipline among the employees. The employees in this case identify the group objectives as their own objectives and strive hard to achieve them. 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. Employees exercise self-control to meet these goals.

11 2. Negative Discipline: Employees adhere to rules and regulations in fear of punishment which may be in form of fines, penalties, demotions or transfers. In this case, the employees do not perceive organizational goals as their own goals. 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. The fear of punishment prevents the employees from going off-track.

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. It is usually a set of circumstances or warnings three strikes and youre out. The primary purpose of progressive discipline is to assist your employees to understand that:

An opportunity exists for improvement or, A severe performance problem may exist

Companies should consider using the progressive discipline system. The progressive discipline system normally begins with the recruitment process and continues through orientation, training, performance evaluations and daily supervision. 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. Many employees feel they are entitled to disciplinary measures prior to being terminated. In most cases where at-will

12 employment is the rule, progressive discipline is not a RIGHT; but an opportunity, offered by the employer, to correct performance on the job. It is not a RIGHT unless promised in an employee handbook, collective bargaining agreement or a public, municipal employer. At-Will is the law At-will is the law in every U.S. State (excluding Montana). 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. An employment relationship for no specific duration may generally be terminated at any time, for any reason or for no reason at all, at the will of either the employer or the employee. The phrase "at-will" is just another way of saying "at the will of either party." In other words, atwill employment means, "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, under at-will employment, the employee is not guaranteed a job for any specific period of time. The employment contract between the employer and the employee (any agreement regarding the job, pay, benefits, duties, etc.) can end at any time. Simply put, the employer may terminate the employee at any time, and the employee may quit at any time. When employees are "at-will" employees, an employer does not need a reason to justify termination. These employees may be fired for any reason or for no reason. However, employees cannot be fired for an illegal reason, such as unlawful discrimination, refusing a supervisor's sexual advances. While to following may differ from state, 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

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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, receive care or counseling, 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, without suffering discharge or discipline

Some employees are not at-will and are promised some type of job security. If employees have been promised that they will not be fired unless certain conditions are met, the employer must comply with these promises or face a claim for wrongful discharge. Similarly, a discharge may be "wrongful" when an employer violates an employee's procedural rights. For instance, some employers promise employees a formal hearing, a certain number of written warnings, or some other process before they are finally terminated. If an employer fails to carry out these preliminary procedures before firing an employee, the firing may be considered a wrongful discharge. The courts also limit employers' rights to terminate employees at-will. There are several instances where employers are not able to terminate an employee at will:

Discharges in violation of public policy. Discharges that violate the good faith and fair dealing principle.

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Discharges that involve breach of contract. Discharges for employee seeking rights under applicable law. Discharges for cooperation with any investigation. Discharges for testifying or future testimony in any action brought under appropriate law.

Termination under these circumstances is wrongful and often results in a wrongful discharge suit. Each Employee Is Unique Each employee is unique and progressive discipline should not be used in a cookie cutter type approach. Progressive discipline should be used in a case-by-case basis, designed to fit each unique situation. Typical steps in a progressive discipline doctrine may include the following:

Counseling employees about performance issues and obtaining feedback on the employees understanding of the requirements

Verbal warnings or reprimands Documenting verbal warnings in an effort to improve performance Provisions for suspensions, etc.

After the above offers no resolutions to the problem - terminate employment of an individual who refuses to improve. Be fair in all employment practices. Terminate with confidence by preserving the at-will employment status of employees.

Termination
Terminating an employee can be one of the greatest risks an organization faces. The vast majority of lawsuits filed against organizations are employment related, and the majority of these stem from improper discharge actions. Employment-related litigation is becoming more common, and employees are recovering larger and larger verdicts. Employers should regularly review all of their personnel policies and procedures, as well as employee handbooks and other written personnel documents, to ensure that no promises or statements are being made that could

15 be construed as a binding employment contract. All employers should publish written disclaimers that preserve the employment-at-will relationship. Finally, when terminating employees, an employer should confirm that its action is uniform, consistent and fair. Whenever possible an employee should be given advance warning that particular behavior or continued misconduct could result in termination. Fairness, honesty, and candor with employees are the keys to defending against or successfully avoiding employment-related lawsuits.

Characteristics of a Sound Disciplinary System (Red Hot Stove Rule)


Discipline should be imposed without generating resentment. 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. Immediate- Just as when you touch a red hot stove, the burn is immediate, similarly the penalty for violation should be immediate/ immediate disciplinary action must be taken for violation of rules. 2. Consistent- Just as a red hot stove burns everyone in same manner; likewise, there should be high consistency in a sound disciplinary system. 3. Impersonal- Just as a person is burned because he touches the red hot stove and not because of any personal feelings, likewise, impersonality should be maintained by refraining from personal or subjective feelings. 4. Prior warning and notice- Just as an individual has a warning when he moves closer to the stove that he would be burned on touching it, likewise, 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.

16 In short, a sound disciplinary system presupposes1. Acquaintance/Knowledge of rules- The employees should be well aware of the desired code of conduct/ standards of behavior in the organization. This code of discipline should be published in employee handbook. 2. Timely action- Timely enquiry should be conducted for breaking the code of conduct in an organization. The more later the enquiry is made, the more forgetful one becomes and the more he feels that punishment is not deserved. 3. Fair and just action- There should be same punishment for same offence/ misconduct. There should be no favoritism. Discipline should be uniformly enforced always. 4. Positive approach- The disciplinary system should be preventive and not punitive. Concentrate on preventing misconduct and not on imposing penalties. 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.

Types of Penalties for Misconduct/Indiscipline


For not following the standards of behavior/code of conduct in an organization, there are two kinds of penalties categorized asa. Major penalties- This includes demotion, dismissal, transfer, discharge, withholding increments, etc. b. Minor penalties- This includes oral warning, written warning, fines, loss of privileges, etc.

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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 , injustice in job and its nature etc, 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 , etc, 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. 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 . For getting success one thing is very important that is Employee Discipline. 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. 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. Obtain all the facts, 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. A disciplined employee will be organized and an organized employee will be disciplined always. Employee behavior is the base of discipline in an organization. Discipline implies confirming with the code of conduct established by the organization. Discipline in an organization ensures productivity and efficiency. It encourages harmony and co-operation among employees as well as acts as a morale booster for the employees. In absence of discipline, there will be chaos, confusion, corruption and disobedience in an organization. In short, discipline implies obedience, orderliness and maintenance of proper subordination among employees. Work recognition, fair and equitable treatment of employees, appropriate salary structure, effective grievance handling and job-security all contribute to organizational discipline.

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