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    Employee Grievances andEmp

    loyee Grievances and

    Disciplinary ActionsDiscip

    linary Actions

    Submitted To:-

    Miss Kanika Sofat

    ( Dept. of Mgt.)Submitted By:-

    Robin (107)Vishal (117)

    Ramsoni (101)

    Vishesh (118)

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    EMPLOYEE GRIEVANCEEMPLOYEE GRIEVANCE

    Every employee has certain expectations, which he thinks must

    be fulfilled by the organization he is working for. When the

    organization failed to do this, he develops a feeling of

    dissatisfaction. When an employee feels that something is unfair

    in the organization. He is said to have a grievance.

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    EMPLOYEE GRIEVANCEEMPLOYEE GRIEVANCE

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    CAUSESCAUSES

    1. Economic Wage fixation

    Overtime Wage revision

    2. Work Environment

    Poor physical condition of workplace Tight production norms v

    Defective tools and equipment Poor quality of material

    Unfair rules

    Lack of reorganization etc.

    3. Supervision Relates to the attitude of the supervisor towards the employee such as

    perceived notions of bias, favoritism, regional feelings etc.

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    CAUSESCAUSES4. Work Group

    Employee is unable to adjust with his colleagues, suffers from feelings ofneglect, victimization and becomes an object of ridicule and humiliation etc.

    5. Miscellaneous

    Issues relating to certain violations in respect of promotions Safety methods

    Transfer

    Disciplinary rules

    Fines

    Granting leaves

    Over stay after the expiry of leaves

    Medical facilities etc.

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    Handling Grievances EffectivelyHandling

    Grievances Effectively

    Treat each case as important and get the grievances 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.

    Refer company Policy in each case. Inform your superior about all grievances.

    Get all relevant facts about the grievance; examine the personal records of the aggrievedworker. See whether any witness are available and visit the work area.

    Control your emotions, your remarks and behavior.

    Maintain proper records and follow up the action taken in each case.

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    Handling Grievances Effectively

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    GRIEVANCE PROCEDUREGRIEVANCE PROCEDURE

    Stage I At Supervisory level

    Stage II At HOD level

    Stage III At Management level

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    PRINCIPLE OF NATURAL JUSTICEPRINCIPLE OF NATURAL JUSTICE

    A man cannot be a judge in his own case.

    A person should be given an opportunity of being heard.

    The punishment should commensurate with the gravity of offence.

    Justice should be done in a way that it should seem that justice has been

    done.

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    DISCIPLINARY ACTIONDISCIPLINARY ACTION

    Who is Disciplinary Authority?

    The Manager

    Person Authorized by the Board

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    DISCIPLINARY ACTIONDISCIPLINARY ACTIONWhat is Misconduct?

    Any act, which is subversive of a good conduct, is misconduct.

    Misconducts are defined in Standing Orders

    How to Report Misconduct.

    Shift

    Date

    Time

    Name

    Dept

    ID No

    Venue

    Accurate Incidence

    Witnesses

    Signature

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    Preliminary EnquiryPreliminary Enquiry

    Who will conduct Preliminary Enquiry?

    Where it is to be conducted?

    How it is to be conducted?

    Enquiry Report

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    Domestic EnquiryDomestic Enquiry

    Charge Sheet

    Written Explanation

    Enquiry Officer

    Management Representative

    Witnesses from both side

    Examination / Cross Examination / Examination in chief

    Enquiry Report

    Second Show cause Notice

    Punishment /Acquittal

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    What are the Punishments?What are the Punishments?

    Warning or censure. Making an adverse remark in the service records.

    Suspension from service without wages for a period not exceeding 7

    days.

    Fine subject to the provisions of the Payment of Wages Act and rules

    made there under.

    Stoppage of annual increment up to 2 years with or without cumulative

    effect.

    Demotion or reversion to the lower grade, post or scale with reduced

    pay as per that lower grade, post or scale.

    Discharge or dismissal.

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    This case is related to The Andhra Pradesh StateRoad Transport Corporation which

    is a state owned passenger transport company. The

    pay scales in the corporation are

    determined on the basis of mutual agreement

    between the management and the

    recognized trade union. The scales are revised once

    in three years. The corporationhas both the grievance machinery and the collective

    bargaining machinery to

    resolve employee problems.

    CASE SUMMARY

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    An agreement had come into force from September,

    1988 in which the pay scale of

    the class II drivers was enhanced from Rs. 600 900 to

    Rs. 900 1600. The

    agreement further said that the pay scales of the drivers

    drawing the scale of Rs.600 1200 will be fixed in the scale of Rs. 900 1600.

    Now the corporation had absorbed 10 drivers who were

    with the private passenger

    transport companies upon the nationalization of thatrout at a pay scale of Rs. 600 -

    1200.

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    When these drivers demanded the increased pay scale they

    were refused and told

    that only the drivers drawing the pay scale of Rs. 600 1200were eligible for the

    raise. The drivers then took up the matter with their immediate

    superior who was a

    foreman. They were told to raise this issue in collectivebargaining with the help of

    trade union leaders as it was a policy issue. The trade union

    included this item in

    their draft agenda but the collective bargaining committee

    deleted this it saying that

    this issue can be settled through grievance machinery as only

    10 drivers out of

    3000 of the cor oration are concerned with this issue.

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    THE PROBLEMS

    WAGE RELATED PROBLEM : The new hires demand a

    pay equivalent tothat given to the existing employees as per the policy of the

    company.

    CLASSIFICATION OF PROBLEM: The employees are

    not sure whether totake up the matter to the grievance committee or the collective

    bargaining

    committee. The collective bargaining committee has also

    asked them to go to

    the grievance committee only because only 10 out of the 3000

    employees are

    concerned.

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    AMBIGUOUS TERMS OF THE AGREEMENT: Even

    though the

    agreement mentions that the pay scales of the drivers drawing

    the scale of

    Rs. 600 1200 will be fixed in the scale of Rs. 900 1600 ,

    it says nothing

    about the employees that will be hired in future for the samecategory of

    drivers.

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    QUESTIONS:

    Ques 1. Who is correct? The personnel department or the

    foreman or the

    collective bargaining committee?Sol. We will have to first understand the view point of each

    of the party:

    1. The personnel department has fixed the pay in

    accordance with theliteral interpretation of the agreement which states that pay

    scales of

    the drivers drawing the scale of Rs. 600 1200 will be fixed

    in the

    scale of Rs. 900 1600. Since the personnel department is

    concerned

    with the implementation of the wage policy it is, to some

    extent, not at fault

    Al h l h (C l

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    Also , as per The Employment Exchanges (Compulsory

    Notification

    Act 1959) the organization must have advertised for the

    vacancymentioning the eligibility as well as the pay scales. If it had

    been done

    so and the drivers knew about the wage before joining the

    organization, then the drivers demands are unjustified.

    2. The foreman based on his knowledge recommended the

    drivers to go

    to the union as the matter is concerned with the employee

    welfare

    related to the wages, an area in which he actually doesnt have

    anauthorit

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    3. The collective bargaining committee here showed a

    rather narrow

    approach towards the employee grievance. They deleted theissue

    from their agenda only because the matter, right now

    concerned only

    10 employees. They failed to see the problem from a long termperspective since the problem shall remain there even if new

    drivers

    join the organization.

    In our view, the foreman is indeed correct as the problem

    arose mainly

    because of the agreement.

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    Ques 2. Where do you place this issue for redressal?

    Ans. We would say that the issue should be taken to the

    Grievancecommittee first. If the issue remains unsolved then it certainly

    needs to be

    resolved by the collective bargaining committee since the

    agreement that

    came into effect needs to be reviewed.

    Ques 3. How do you redress this grievance?Ans. The problem if not solved through the Grievance

    Committee would be

    taken to the collective bargaining committee. The committee

    can then try to

    l th tt ith th t i d t th

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    resolve the matter with the management in accordance to the

    provision of the

    arbitration that must have been incorporated in the agreement.

    Another solution could be that for a period till the policy isnext reviewed i.e.

    3 years the trade union could pay some amount to the drivers

    out of their

    own funds the provision of which is made under The TradeUnions Act 1926

    sec. 15 and then after 3 years when the scales are revised the

    trade union can

    bring into light the ambiguities of the statement.

    If the drivers or the union are still not satisfied with the

    solution then the

    matter could be taken to the conciliation board and then to the

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    Any Query

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    THANKS