MEANING OF GRIEVANCE

A grievance is a sign of employee’s discontent with job and its nature. The employee has
got certain aspirations and expectations which he thinks must be fulfilled by the organisation
where he is working. When the organisation fails to satisfy the employee needs, he develops a
feeling of discontent or dissatisfaction.

According to J.M. Jucius, “A grievance is any discontent or dissatisfaction whether

expressed or not, whether valid or not, arising out of anything connected with the company
which an employee thinks, believes or even feels to be unfair, unjust or inequitable”.

In the words of Edward Flippo, “It is 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”.

The above definitions indicate that a grievance may be factual or imaginary or disguised
and it is problem whether expressed or not, valid or not. When an employee presents a problem,
the grievance redressing authority, has to analyse the problem, find out the root cause of the
problem rather than viewing it from legal aspects and solve it based on humanitarian approach

CHARACTERISTICS OF GRIEVANCE

1. Grievance reflects dissatisfaction or discontent experienced by employees.

2. It may be expressed or implied.
3. It may be verbal or written.
4. It may be real or imaginary.
5. It may be valid and legitimate or may not be so.
6. Grievance may arise out of something related to employee’s service contract.

FOLLOWING POINTS TO BE CONSIDERED WHILE DEALING WITH GRIEVANCE

1. Every grievance must be given due respect and considered important.
2. A grievance should not be postponed with hope that people will “see the light”
themselves.
3. A grievance should be put in writing.
4. A relevant fact about a grievance should be gathered by management and their proper
records should be maintained.
 5. The employee should be given free time off to pursue his grievance.
6. Management should take a list of all solutions and later evaluate them one by one in term
of their total effect on the organisation.
7. Decision once reached should be communicated to the employee and acted upon by the
management.
8. Follow-up must be done by the management to determine whether action taken by it has
favourably changed the employee’s attitude or not.

MODEL GRIEVANCE REDRESSAL PROCEDURE

India’ at present has only a voluntary grievance procedure called the Model Grievance
Procedure formulated in pursuance to the Code of Discipline adopted by the 16th Session of the
Indian Labor Conference in 1958. Most of the grievance procedures nowadays are built after the
Model Grievance Procedure with certain changes to suit individual operations, size and special
requirements of an enterprise.
The Model Grievance Procedure provides for five successive time-bound steps, each
leading to the next in case the aggrieved worker prefers an appeal.

Level I:
An aggrieved worker shall first present his grievance verbally in person to-the officer
designated by the management for this purpose. An answer shall be given within 48 hours of the
presentation of complaint.
Level II:
If the worker is not satisfied with the decision of this officer or fails to receive an answer
within the stipulated period, he shall, either in person or accompanied by his departmental
representative, present his grievance to the head of the department designated by the
management for the purpose of handling grievances. (For this purpose, a fixed time shall be
specified during which, on any working day, aggrieved worker could meet the departmental head
for presentation of grievances.) The departmental head shall give his answer within 3 days of the
presentation of grievance.
Level III:
If the decision of the departmental head is unsatisfactory, the aggrieved worker may
request for the forwarding of his grievance to the Grievance Committee which shall make its
recommendations to the manager within 7 days of the worker’s request Unanimous
recommendations of the Grievance Committee shall be implemented by the management.
 In the event of difference of opinion among the members of the Grievance Committee,
the views of the members, along with the relevant papers, shall be placed before the manager for
final decision. In either case, the decision of the management shall be communicated to the
workman concerned by the personnel officer within 3 days from the receipt of the Grievance
Committee’s recommendations.
Level IV:
Should the decision from the management be not forthcoming within the stipulated
period or should it be unsatisfactory, the worker shall have the right to appeal to management for
a revision. While making this appeal, the worker, if he so desires, shall have the right to take a
union official along with him to facilitate discussion with management for solving his grievance.
Management shall communicate its decision within a week of the workmen’s revision/petition.
Level V:
If no agreement is still possible the union and the management may refer the grievance to
voluntary arbitration within a week of the receipt by the worker of management’s decision.
In the case of any grievance arising out of discharge or dismissal of a workman, the above-
mentioned procedure shall not apply. Instead; a discharged or dismissed workman shall have the
right to appeal either to the dismissing authority or to a senior authority whom the management
within a week from the date of dismissal or discharge shall specify.

GRIEVANCE REDRESSAL PROCEDURE IN INDIA

At present, there are three legislations dealing with grievances of employees working in
industries. The Industrial Employment (Standing Orders) Act, 1946, requires that every
establishment employing 100 or more workers should frame standing orders. These should
contain, among other things, a provision for redressal of grievances of workers against unfair
treatment and wrongful actions by the employer or his agents.
The Factories Act, 1948, provides for the appointment of a Welfare Officer in every
factory ordinarily employing 500 or more workers. These welfare officers also look after
complaints and grievances of workers. They also look after proper implementation of the
existing labour legislation. Besides, individual disputes relating to discharge, dismissal or
retrenchment can be taken up for relief under the Industrial Disputes Act, 1947, amended in
1965.
However, the existing labour legislation is not being implemented properly by employers.
There is lack of fairness on their part. Welfare officers have also not been keen on protecting the
interests of workers in the organised sector. In certain cases, they are playing a double role. It is
unfortunate that the public sector, which should set up an example for the private sector, has not
been implementing labour laws properly.
In India, a Model Grievance Procedure was adopted by the Indian Labour Conference in
its 16th session held in 1958. At present, Indian industries are adopting either the Model
Grievance Procedure or procedures formulated by themselves with modifications in the Model
Grievance Procedure. In other words, the grievance procedures are mostly voluntary in nature.
The Model Grievance Procedure suggested by the National Commission on Labour involves six
successive time-bound steps each leading to the next, in case of dissatisfaction. The aggrieved
worker in the first instance will approach the foreman and tell him of his grievance orally. The
foreman has to redress his grievance and if the worker is not satisfied with this redressal, he can
approach the supervisor.
The supervisor has to provide an answer within 48 hours. In the event of the supervisor
not giving an answer or the answer not being acceptable to the worker, the worker goes to the
next step. At this stage, the worker (either alone or accompanied by his departmental
representative) approaches the Head of the Department who has to give an answer within three
days.
If the Departmental Head fails to give an answer or if the worker is not satisfied with his
answer, the worker may appeal to the Grievance Committee, consisting of the representatives of
the employer and employees.
The recommendations of this Committee should be communicated to the Manager within
seven days from the date of the grievance reaching it. Unanimous decisions, if any, of the
committee shall be implemented by the management. If there is no unanimity, the views of the
members of the Committee shall be placed before the manager for his decision. The manager has
to take a decision and inform the worker within three days.
The worker can make an appeal against the manager’s decision and such an appeal has to
be decided within a week. A union official may accompany the worker to the manager for
discussion and if no decision is arrived at this stage, both the union and management may refer
the grievance to voluntary arbitration within a week of the receipt of the management’s decision.
The worker in actual practice may not resort to all the above-mentioned steps.
For example, if the grievance is because of his dismissal or discharge, he can resort to the second
step directly and he can make an appeal against dismissal or discharge.