UNIT 21

Discipline and Grievance

Discipline
The success of any organization depends upon the extent to which the behaviour of the employees conforms to that prescribed for the achievement of the organizational objectives. The employees are said to be disciplined when their behaviour is in conformity with what is expected. Every employer expects his employed to be regular for work, punctual, to carry out the task assigned and to avoid doing anything that would damage the image of the institution. An employee who fails in his duties towards his institution has to face disciplinary action.

Meaning
The attitude of the employees with reference to the rules and regulations of an organisation is what is termed as discipline. Employees are disciplined if they adhere to those rules and regulation and are indiscipline if they dont.

Definitions
Given below are a few definition of the term discipline:
1. Discipline is a force that prompts individuals or groups to observe the rules, regulations and procedures which are deemed to be necessary for the effective functioning of an organisationRichard Calhoon. 2. Discipline is the orderly conduct of affairs by the members of an organisation, who adhere to de necessary regulations because they desire to cooperate harmoniously in forwarding the end which the group has in view, and willingly recognize that. To do this their wishes must be brought into a reasonable unison with the requirements of the group in action Ordway Tead.

3. It simply means cooperating and behaving in a normal and orderly way, as any responsible person would expect an employee to do Earl. R. Brmablatt. 4. Discipline is said to be good when employees willingly follow companys rules and it is said to be bad when employees follow rules unwillingly or actually disobey regulations Michael J. Jucius. The above definitions make it clear that discipline in the workplace is the willingness of the employees to strictly adhere to the rules and regulations of the organisation.

Positive and Negative aspects of Discipline

Positive discipline involves the creation of an environment in the workplace whereby employees willingly conform to the established rules and regulations. Positive discipline is also known as constructive discipline or self-discipline. The following measures help to secure positive discipline: 1. Fair wages 2. Job security 3. Suitable incentives 4. Promotion opportunities 5. Conductive working conditions and so on. Negative discipline involves the use of the force or threat to make the employees obey the rules and regulations of the origination. Negative discipline may also be called as enforced discipline. The employer resorts to the following measures to enforce discipline: 1. Fine or penalty 2. Demotion 3. Transfer 4. Suspension 5. Dismissal etc.

Objectives of Discipline
The following are the objectives of discipline: 1. To secure the co-operation of employees If the employees of an origination are disciplined, it is an indication that they are willing to co-operate in the task of performing the various enterprise activates. 2. To ensure adherence to the rules and regulations of the organisation Discipline ensures adherence to the rules and regulations of the organisation by the employees. The employees, by remaining disciplined, convey their willing acceptance to the rules and regulations of the organisation. 3. To ensure goal attainment despite individual differences Individual differences are unavoidable. such differences arise due to differences in perception, value system etc. but in the workplace the employees have to sink all their differences and perform the tasks assigned. This alone can ensure goal attainment. 4. To develop a spirit of tolerance among the employees In the workplace, the employee have to work as per the directions of their superiors. This requires proper understanding between the personnel. If an employee is intolerant, he may not accept the view and suggestions of the follow-employees. Such an attitude is detrimental to term work. Discipline develops a sprits of tolerance among the employees. 5. To have good human relations in the workplace Discipline in the workplace necessitates first and confidence among the employees and between the subordinates and their superiors. In the absence of trust and confidence misunderstandings may develop between the individuals. Such misunderstandings affect human relations. Discipline ensures good human relations in any workplace. 6. To entrust responsibility The manager can entrust responsibility to his subordinates if only the latter are discipline. Fulfillment of the duty or responsibility depends on the extent to which the employees are disciplined.

7. To improve the morale of employees morale, i.e., the collective attitude of the employees is important for the due performance of any task. The level of morale of the employees, who are highly disciplined, is sure to be very high.

Causes of Indiscipline
The important causes of indiscipline are:
1. Faulty selection and placement of employees While recruiting candidates for jobs, it is not correct to judge a candidate by his academic achievements alone. His personality traits are equally important. If the employer ignores such personal qualities of an individual as attitude, obedience, tolerance, inquisitiveness etc., and selects candidates, the enterprise is sure to have people who oppose any decision made by the management. This would certainly promote indiscipline.

2. Lack of proper code of conduct for the employees (Dos and Donts) The management has to prescribe proper code of conduct for the
employees. The employees must know what they can and cannot do. Failure on the part of the employer to determine a proper code of conduct would lead to indiscipline.

3. Uninteresting work While assigning to any employee, his strengths and

weaknesses will have to be taken into consideration. If an employee is given a job for which he neither has attitude nor aptitude, he is sure to develop ill-feelings. He may find the work uninteresting and do everything possible to shirk duties.

4. Ineffective leadership Another cause of indiscipline is that some

organisations lack leaders who have the capacity to guide their subordinate properly and also the courage to firmly deal with employees showing indifference and arrogance.

5. Favoritism in the matter of employee evaluation Some supervisor show favoritism in the matter of evaluating the performance of the employees working under them. They may give high ratings to some employees although their performance may not be so good or give low ratings to some who have performed very well. Discrimination is done mainly based on caste, religion, sex and such other considerations. This promotes ill-feelings among the individuals and paves way for indiscipline. 6. Favoritism in the matter of enforcing rules There may also be favoritism in the matter of enforcing the rules and regulations of the organisation. For example, if, as pr rules, an employee has to get prior permission of his employer before availing certain leave, the employer himself may not insists on such a formality in the case of a few employees who are close to him. On the other hand, he may not allow another employee to avail leave although he has made a proper application. If tell me the person and I will tell you the rule is the approach, problems of indiscipline are sure to arise. 7. Lack of proper system of communication In the absence of a proper system of communication in the organisation, the decisions of the management cannot reach the employees at the right time and place. The rules and regulations of the organisation also may not be made known to all the employees. In such a situation, due to ignorance, the employees may not comply with the rules. This again paves way for indiscipline. 8. Absence of good supervisors Efficient supervisors will be able to guide their subordinates well. Such supervisors give their subordinates all the necessary instructions pertaining to work and also ensure due performance of work by the latter. In the absence of such supervisors, the employees may go without proper guidance and may make mistakes. 9. The divide and rule policy of the employer Some employers adopt a policy of divide and rule, i.e., they induce a group of employees to support all their

decisions. This will bring about divisions among the employees and spoil the work atmosphere. 10. Autocratic attitude of the management Some managements consider the needs of their employees with an autocratic attitude. They may make a unilateral decision that is thrust on the employees. This promotes dissatisfaction among the employees and paves way for indiscipline. 11. Lack of machinery for the redressal of grievances The reasonable demands of the employees will have to be conceded by every employer. There shall exist a proper machinery to hear the complaints and grievances of the employees and provide early relief. Absence of such a machinery frustrates the employees and promotes indiscipline. 12. Distrust among subordinates and supervisor When there is lack of trust and confidence between the supervisors and their subordinates, misunderstandings may develop and this may lead to indiscipline. 13. Bad working conditions If the working conditions are awfully bad and the management is indifferent towards the same, the employees may begin to show their protest. If this trend continues, the employees will be left with no option but to strike work. 14. The general tendency to flout rules In some organisations, the code of conduct for employees remains only on paper and the general tendency is to flout rules. In such a case, there is greater scope for employee indiscipline.

Acts of indiscipline
An act of indiscipline is called misconduct. The following acts are generally mentioned as acts of misconduct: 1. Disobedience or willful insubordination. 2. Theft, fraud or dishonesty in connection with the employers goods or property. 3. Willful damage to the employers good or property.

4. Receiving or giving bribes. 5. Habitual absence without leave. 6. Absence without permission for more than ten consecutive days. 7. Habitual late coming. 8. Striking work or inciting others to strike work. 9. Smoking in prohibited areas. 10. Drunkenness. 11. Sleeping while on duty. 12. Adopting go-slow tactics. 13. Assaulting or insulting any officer of the establishment. 14. Refusal to work on a job or a machine that has been assigned. 15. Non-observation of safety precautions. 16. Threatening any employee. 17. Gross negligence of duty. 18. Collecting or canvassing the collection of money during working hours without the prior permission of the management. 19. Holding meetings within the business premises without the prior permission of the management. 20. Distributing or exhibiting inside the business premises any newspapers, handbills, pamphlets or posters without the prior permission of the management. 21. Disclosing official information to any unauthorised person. 22. Writing anonymous letters criticising the management. 23. Carrying on money lending or any other private business.

Procedure for Discipline Action

The following procedure is usually followed while initiating disciplinary action against an employee:

1. Issuing a Letter of Charge When an act of indiscipline committed by an

employee warrants disciplinary action, the management should issue a charge sheet to the concerned employee. The chare sheet indicates the act of indiscipline clearly and provides the employee an opportunity to offer proper explanation. It is for this reason a charge sheet is also known as show cause notice. 2. Suspension Pending Enquiry Where the nature of misconduct is grave, the management may, in the interest of the organisation, place the employee under suspension pending enquiry. Under the Industrial Employment (Standing Orders) Act, 1946, the suspended employee is entitled to subsistence allowance. The amount of subsistence allowance is equal to one half of his wages for the first ninety days of suspension and three fourths of his wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings is not due to the employees conduct. 3. Notice of enquiry In his reply to the charge sheet, if the employee admits the charge made against him, the employer may award the punishment without further inquiry. In case the employee does not admit the charge and the act find out the truth. Proper notice must be given to the employee indicating the date, time and place of enquiry so that he will be ready with the necessary evidences to prove his point.

4. Enquiry The officer conducting the enquiry (the labour welfare officer or the
legal advisor to the organisation or any person nominated) must do his work without any fear or favour. Reasonable opportunity must be given to the employee to prove his point.

5. Recording the Findings Once the enquiry is over, the enquiry officer must record his findings. He must indicate whether the charges made against the employee are valid or not.

6. Awarding punishment based on the findings of the enquiry, the past records of the employee and so on, the employer will decide on the punishment to be awarded. The punishment awarded to the employee should be communication to him through a letter.

Principles of Natural Justice

The following principles of natural justice must be followed while initiating disciplinary action against an employee: 1. The employee charge-sheeted must be informed in unambiguous terms about the charge levelled against him. 2. He should be given an opportunity to present witnesses of his choice. 3. The managements evidences should be examined in the presence of the employee. 4. The employee should have the right to cross-examine the managements evidences. 5. The enquiry should be fair and conducted in an important manner. 6. The punishment awarded should be proportionate to the offence committed by the employee.

The Red Hot Stove Rule

The manner in which punishment should be given to an employee, committing an act of indiscipline, is explained by the Red Hot Stove Rule. Douglas McGregor equates the experience of a person touching a red stove with that of an employee indulging in an act of indiscipline. When a person touches a hot stove:

1. The burn is immediate. 2. He had warning as he knew what would happen if he touched it. 3. The effect is consistent. Who ever touches a hot stove is sure to get burns. 4. The effect is impersonal. A person suffers burns not because of who he is but because of touching a hot stove. 5. The effect is commensurate with the extent of the act of indiscipline, i.e., a person touching a hot stove repeatedly suffers more burns than the one who touched it only once. What is true in the case of a person touching a hot stove, mentioned above, is true with an employee committing an act of indiscipline. The discipline process should start immediately after a violation is noticed. It must give a clear warning regarding the extent of punishment for an act of indiscipline. The same punishment should be impersonal, i.e., it should be imposed irrespective of the status of the individual. Punishment should also be commensurate with the extent of the committed. For example, an employee found sleeping during working hours and another found stealing the employees property cannot be awarded the same punishment. Kinds of the Punishment Punishment awarded to an employee, indulging in an act of indiscipline, various with the severity of the misconduct. The various types of punishment, usually awarded for misconduct, are: 1. Oral warnings

2. Written warnings 3. Loss of privileges 4. Fines 5. Punitive suspension 6. Withholding of increments 7. Demotion 8. Discharge 9. Dismissal Of the nine types of punishment the first five are minor punishments and the last four are major punishments. Each of these has been explained below.

Oral Warnings
This types of punishment is usually given for such minor offences committed by employees as sleeping during working hours or smoking in the workplace. The superior makes it clear to the subordinate, who as committed the offence, that he does not approve of his behaviour. Oral warnings should be used sparingly. If used often it will not have any effect on the employees.

Written Warnings
Where oral warnings fail to create the desired impact, the employer may issue written warnings. Such a written warning statement, issued to an employee for misconduct, may be referred when substantive punishment is

to be awarded to him in future. Thus, it serves as evidence for future course of action.

Loss of privileges
Sometimes the employee, who is guilty, may have to forego certain privileges that he hitherto enjoyed. For example, he may not get interesting work assignments or may be denied flexible interval or lunch breaks and so on.

Fines
Under the payment of wages Act,1936 , deduction may be made from the wages payable to the employee, be way of fine, for certain offences committed by the employee. Deduction may also be made for any damage to or loss of goods expressly entrusted to the employee for custody or for loss of money which he is required to account for.

Punitive Suspension
In the case of punitive suspension the employee, who has committed an offence, is not allowed to perform the duties assigned to him and his wades are also withheld during the period of punishment. Punitive suspension is different from suspension pending enquiry. In the case of suspension pending enquiry, the employee is placed under suspension, as the offence he has committed is a serious one. But the employee is paid subsistence allowance.

Withholding of Increments

In this case, the employer withholds the annual increments of the employee who has violated the code of conduct.

Demotion
Demotion is a punishment measure whereby the employee, who has done the offence, is assigned a lower grade job in lieu of his present job. The employee is considered unfit for the job he is doing right now considering his misconduct.

Discharge
If in the contract of serve both the employer and the employee have agreed to terminate the contract by giving advance notice or by paying money in lieu of such noticed the contract of service may be terminated in the agreed manner. Although the word discharge is used to denote removal of an employee from service by was of punishment, no stigma attached to it. The employee does not suffer from any disqualification for further employment.

Dismissal
Although discharge and dismissal have the same result, namely, the termination of service of the employee, dismissal is more severe a punishment than discharge. There is a stigma attached to the expression dismissal that makes it a disqualification for future employment.

Meaning

An integral part of human resource management is the effective handling of grievances. Every employee has certain job expectations. When the organisation, where the employee is working, fails to fulfil such expectations, he develops a feeling of discontent or dissatisfaction. A dissatisfied employee is bound to have grievances. Grievance thus, rises due to the gap between the expectations of an employee and the extent of their fulfillment.

Definitions
Given below are a few definitions of the term Grievance. 1. Grievance means any discontent or dissatisfaction, whether expressed or not and whether valid or not, arising out of anything connected with the company that an employee thinks, believes or even feels, is unfair, unjust or inequitable Michael J. Jucius. 2. It is any dissatisfaction or feeling of injustice in connection with ones employment situation that is brought to the notice of the management Beach. 3. It is a type of discontent which must always be expressed. A grievance is usually more formal in character than a compliant. 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 Flippo. Characteristics of grievance An analysis of these definitions will bring out the following characteristics of grievance: 1. A grievance is an employees feeling of dissatisfaction.

2. The dissatisfaction must be in respect of certain organisational matters. If the employee has certain domestic problems, his employer cannot be excepted to provide remedy. 3. The dissatisfaction must be expressed or implied. Expressed grievance takes the form of gossips, criticisms, arguments, careless handling of tools and equipment, higher rate of labour turnover etc. Implied grievance, on the other hand, takes such forms as indifferent attitude towards work day dreaming, absenteeism etc. 4. The discontent may be factual or imaginary. It is factual when the legitimate job expectations of an employee are not fulfilled. It is imaginary when the employee develops certain needs that the organisation is not obliged to fulfil.

Cause of Grievances
The various causes of grievances are mentioned below: 1. Unsuitable job: The employee is not given job in tune with his qualification and experience. 2. Inadequate pay: The remuneration paid to the employee is inadequate when compared with the work done by him. 3. No guaranteed minimum wage: The employee is not assured of minimum daily wage. 4. Lack of job security The service of the employee may be terminated at any time. 5. Lack of social security benefits: The employee is not entitled to such benefits as pension, provident fund, gratuity, insurance etc.

6. Inadequate leave facilities: The number of days of leave the employee can avail is inadequate. 7. Lack of incentives: There are no monetary and non-monetary incentives to induce the employees to perform better. 8. Lack of promotion opportunities The employee has to serve in the same position in indefinitely. 9. Irrational transfer policy of the employer An employee who desperately needs a transfer owning to family considerations may not be transferred. On the other hand, another employee wanting to serve in the same town, again for family considerations, ma be transferred. 10. Poor working conditions The workplace lacks even basic amenities like drinking water, lighting, ventilation, toilet, canteen etc. 11. Poor supervisor-subordinate relationships The superior is always keen on finding fault with the subordinate.

Methods of knowing Grievances

The management may adopt any one or more of the following methods to understand the grievances of employees: 1. The open-door Policy 2. Complaint Boxes 3. Opinion Surveys 4. Exit Interview Each of these has been explained below.

The Open-door Policy

Under this method, any employee, who has grievances, can enter the managers cabin and apprise him of his problems. This is a straightforward approach. But it has certain limitations too as stated below: (a) In a large organisation, where there are hundreds of employees working, such an approach may not be suitable. The top-managers will be disturbed often and as a result they will not be able to concentrate in their work. Such managers believe in the concept of Management by Exception only exceptional matters need their participation. (b) The supervisor, under whom the employee works, is the right person to understand the actual problem of the employee and provide a remedy. Under the open door policy approach, the employee bypasses the supervisor as he is allowed to meet the manager directly. The supervisor, thus, becomes ineffective. (c) The top-managers may not be familiar with the work situation in which the grievance developed and therefore may not be in a position to make correct assessment. (d) Although the employees have the liberty to meet the executives directly the former may hesitate in view of psychological and social barriers.

Complaint Boxes
Another way of knowing the grievances of the employees is to require them to drop their written complaints in the complaint boxes kept in the

workplace. The employees may not be required to write their names in the complaint letters so that they can express their grievances freely.

Opinion Surveys
Opinion surveys may be conducted at regular intervals to find out the views of the employees on the policies of the management. Such surveys help to know the feelings, reactions and sentiments of the employees. The management can make note of the negative remarks of the employees to certain policy decisions and take suitable corrective action before these the form of grievances.

Exit Interview
Employees who quit the organisation may be interviewed to know the reason for their decision. Generally it is only those employees who have grievances quit their organisation. The interview may reveal the specific problem, if any, in the work environment and guide the management in taking suitable corrective action.

Grievance Redressal Procedure

The grievance redressal procedure involves certain stages to be gone through before finding a solution to the grievance of an employee. This has been explained by means of a diagram below: When an employee has a certain grievance, he has to approach his immediate superior, namely, the supervisor. If there is a trade union in the establishment, a representative of the union may accompany the employee.

The supervisor, who has been approached, has only limited powers. He may not be able to offer a solution, if the matter falls outside the purview of his authority. In such a case, the affected employee may have to meet the departmental head. A few office-bearers of the trade union may also accompany the employee. If the head of the departmental is unable to offer an acceptable solution, the aggrieved employee, along with the trade union leaders, may approach the top management consisting of the General Manager and the departmental managers. If the grievance is not settled even at this stage, the matter will be referred to an impartial outside person called the Arbitrator.

Benefits of Grievances Redressal Procedure

Having a definite procedure for redressing grievances of employees has certain advantages. These are: 1. It brings to the knowledge of the management the existence of grievances among the employees. 2. It enables the employees of an enterprise to express formally their complaints over the management policies and practices. 3. Once the management comes to know of certain grievances among the employees, it is sure to involve itself actively in the process of finding a remedy. The management, thus, is prevented from being indifferent to the needs of the employees.

4. Once a solution is found to the grievances of the employees, it would make the employees happy. This is sure to promote better employeeemployer relationships. 5. The existence of a grievance redressing procedure further prevents a grievance from assuming dangerous proportions. 6. It ensures a systematic handling of every grievance. 7. It prescribes a time within which a solution must be found every grievance.

Features of a Sound Grievance Procedure

A sound grievance procedure should fulfil following essential conditions: 1. It should not contradict the previsions of any law in force. 2. It should be acceptable to both the employee and the employer. 3. It should not give scope for delay in arriving at a solution. 4. As far as possible, grievances should be settled at the lower level. 5. The procedure should be simple so that any employee will be in a position to understand it 6. The supervisors, the union representatives and all those who participate in the grievance redressing process should be given proper training in grievance handling. 7. The grievance redressing procedure should be reviewed periodically and changes, if any required, should be made to make it more effective.

Guidelines for better handling of Grievance

The following guidelines have been prescribed for a better handling of employee grievances: 1. The aggrieved employee must be fully heard. 2. Every grievance must be considered important. 3. The union representative must be asked to identify any specific contractual provision violated by the management. 4. Every grievance must be heard and resolved within the timeframe. 5. The past records of the aggrieved employee must be examined. 6. All grievances must be put in writing. 7. All the relevant facts pertaining to a grievance must be gathered. 8. The relief sought by the union must be considered. 9. The procedural requirements laid down be duly complied with. 10. The grievance should not be postponed in the hope that it would get solved automatically. 11. The decision arrived at must be communicated to the employee. 12. Follow-up action must be taken to determine the effect of the decision on the aggrieved employee.