Presentation on1. Basic Responsibilities of HRD.

2. Grievance Procedure.
3. Disciplinary Action. 4. Contract Labor Act 1970.

Presented By-

Manoj Kumawat (541/08) HM002

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1.BASIC RSPONSIBILITIES OF HUMAN RESOURCE DEPARTMENT

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Definition

HRM (Human Resource Management) is a management function that helps managers recruit, train and develop members of an organisation. The policies and practices involved in carrying out the people or human resource aspects in an organisation.

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HR Department Organizational Chart (Large Company)

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RESPONSIBILITIES OF HR MANAGER:

Supports senior management in organizational development or improvement initiatives. Identifies legal requirements and government reporting regulations affecting human resources functions and ensures policies, procedures and reporting are in compliance. A recruit, interviews, validates and selects employees to fill vacant positions. Keeps records of benefits plans participation such as insurance, personnel transactions such as hires, promotions, transfers, performance reviews, and terminations, and employee statistics for government reporting. Coordinates management training in interviewing, hiring, terminations, promotions, performance review, safety and sexual harassment. Advises management in appropriate resolution of employee relations issues. Responds to inquires regarding policies, procedures, and programs. Administers performance management program to ensure effectiveness, compliance, and equity within the organization. Administers salary administration program to ensure compliance and equity within organization.
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Administers benefits programs such as life, health, dental and disability insurances, vacation, paid leave, leaves of absence, and employee assistance. Investigates accidents and prepares reports for insurance carrier. Conducts wage surveys within labor market to determine competitive wage rate. Prepares budget of human resources operations. Prepares employee separation notices and related documentation, and conducts exit interviews to determine reasons behind separations. Creates and implements workplace safety training programs and policies. Prepares reports and recommends procedures to reduce absenteeism and turnover. Gives or facilitates the giving of sexual harassment and sensitivity training programs. May represent organization at personnel-related hearings and investigations. Contracts with outside agencies to provide employee services, such as recruitment or temporary service agencies, benefits (COBRA, FSA) administration agencies and event organizations or planning agencies. Carry out supervisory responsibilities in accordance with the organization's policies and applicable laws. Responsibilities include interviewing, hiring and training employees; planning, assigning and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems.
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A Changing HR Environment
Globalization Technological Advances Exporting Jobs The Nature of Work Workforce Demographics

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2. Grievance Procedure

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Definition
A grievance is a sign of employees discontent with job and its

nature.

Breach defines a grievances as any dissatisfaction or feeling of injustice in connection with ones employment situation that is brought to the notice of the management Jucius defines a grievance as ---- any discontent or dissatisfaction, whether exposed 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

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The Causes of Grievances

i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. xv.
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The causes of employee grievances includes: Demands for individual wage adjustments, Complaints about the incentive systems Complaints about the job classifications, Complaints against a particular foreman Complaints concerning disciplinary measures and procedures. Objections to the general methods of supervision, Loose calculation and interpretation of seniority rules, and unsatisfactory interpretation of agreements. Promotions Disciplinary discharge or lay-off, Transfer for another department or another shift, Inadequacy of safety and health services / devices Non-availability of material in time Violation of contracts relating to collective bargaining Improper job assignment, and Undesirable or unsatisfactory conditions of work.
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EFFECTS OF GRIEVANCES
Grievances, if they are not identified and redressed, may affect adversely the workers, managers and their organisation. The effects include:
1. On production 2. On employees 3. On managers

Strains the superior-subordinate relations.

Increases the degree of supervision, control and follow up. Increases in disciplinary action cases. Increases in unrest and, thereby, machinery to maintain industrial peace.

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KEY FEATURES OF A GOOD GRIEVANCE-HANDLING PROCEDURE

Torrington and hall refer to four key features of a grievance-handling procedure; Fairness
Facilities for Representation

Procedural Steps Promptness

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The Discovery of Grievances

Grievances can be uncovered in a number of ways. Gossip and grapevine offer vital clues about employee grievances. a) Observation b) Grievance Procedure c) Gripe boxes d) Open door policy e) Exit interview f) Opinion Surveys

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Steps- Grievance Procedure

Identify grievances: Employee dissatisfaction or grievance should be identified by the management if they are not expressed. If they are ventilated, management has to promptly acknowledge them. b) Define correctly: The management has to define the problem properly and accurately after it is identified/acknowledged. c) Collect Data: Complete information should be collected from all the parties relating to the grievance. Information should be classified as facts, data, opinions, etc. d) Prompt redressal: The grievance should redressed by implementing the solution. e) Implement and follow up: The Implementation of the solution must be followed up at every stage in order to ensure effective and speedy implementation.
a)

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GRIEVANCE MANAGEMENT IN INDIAN INDUSTRY

At present, there are three legislations dealing with the 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 wrongfu7l actions by 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 will look after proper implementation of existing labour legislation. Besides, individual disputes relating to discharge, dismissal or retrenchment can be taken up for relief under the Industrial Disputes Act, 1947, as amended in 1965.

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However, the existing labour legislation is not being implemented properly by employers. There is a 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 dual 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 Model Grievance Procedure. In other words, the grievance procedures are mostly voluntary in nature.

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Guidelines-Handling Grievances
The following guidelines may help a supervisor while dealing with grievances. He need not follow all these steps in every case. It is sufficient to keep these views in mind while handling grievances. Treat every case as important and get the grievance 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. Examine company provisions in each case. Identify violations, if any. Do not hold back the remedy if company is wrong. Inform your superior about all grievances. Get all relevant facts about the grievance. Examine the personal record of the aggrieved worker.

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Benefits
According to Jackson, further benefits that will accrue to both the employer and employees are: It encourages employees to raise concerns without fear of reprisal. It provides a fair and speedy means of dealing with complaints. It prevents minor disagreements developing into serious disputes. It saves employers time and money as solutions are found for workplace problems. It helps to build an organisational climate, based on openness and trust.

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3. Disciplinary Actions

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DEFINITION
Discipline is the observance of principles, rules or any

other laid down procedures, practices, written or otherwise in the organization by the employees or group of employees, to whom these apply, for smooth and effective functioning of the organization. Bremblett, Earl R says that, "discipline in the broad sense means orderliness the opposite of confusion..."

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Basic Ingredients- Disciplinary Action

1. Location of responsibility. 2. Proper formulation and communication of rules. Rules and regulations should be reasonable 4. Equal treatment 5. Disciplinary action should be taken in private 6. Importance of promptness in taking disciplinary action 7. Innocence is presumed 8. Get the facts

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9. Action should be taken in cool atmosphere 10. Natural justice 11. After a disciplinary action has been taken by the supervisor, he should treat his subordinate in a normal manner 12. Don't back down when you are right 13. Negative motivation should be handled in a positive manner

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Disciplinary Action Penalties

1. Oral reprimand 2. Written reprimand 3. Loss of privileges 4. Fines 5. Lay off 6. Demotion 7. Discharge

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Procedure for Disciplinary Action

Though there is no specific procedure to be followed, the

following steps should be taken into consideration: a) An accurate statement of the disciplinary problem. b) Collection of data or facts bearing on the case. c) Selection of tentative penalties to be imposed. d) Choice of the penalty. e) Application of the penalty. f) Follow up on the disciplinary action.

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 According to Article 311 of the Indian Constitution, which

says that no person shall be dismissed or removed from service until he has been given a reasonable opportunity to show cause as to why the proposed action should not be taken against him?" The Model Standing Orders, too, laydown that, "before an employee is dismissed, he should be given an opportunity to explain the circumstances against him."

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Sequence Followed
a) Charge Sheet is Framed and Issued b) Receipt of Explanation c) Issue of Notice of Enquiry d) The Holding of Enquiry e) The Findings

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Summary
Good discipline might be described as orderly conduct

based on definite standards catalyzed by effective leadership. Disciplinary measures have serious repercussions on employees. Hence they should be based on certain principles so that they must be fair, just and acceptable to employees and their union. As far as possible, all the rules should be framed in cooperation and collaboration with the representatives of employees. All the rules should be appraised at frequent and regular intervals Rules should be uniformly enforced if they are to be effective.
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 A disciplinary policy

It is essential that these rules and regulations are properly

punitive.

should be preventive rather than

and carefully formulated and communicated to employees. Identical punishment should be awarded for identical offences, irrespective of the position or seniority of the employee. If the penalty is imposed long after a violation of rules has been committed, it loses its positive and corrective influence. The ultimate purpose of a disciplinary action is to maintain discipline, to ensure productivity, and avoid a repetition of the offence. A disciplinary action should be evaluated in terms of its effectiveness after it has been taken.

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4. Contract Labor Act 1970

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Object of the Act

To regulate the employment of contract labor in certain

establishments and to provide for its abolition in certain circumstances and for matters connected therewith.

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Applicability
Every establishment in which 20 or more workmen are

employed or were employed on any day of the preceding 12 months as contract labor. Every contractor who employs or who employed on any day of the preceding twelve months 20 or more workmen. Sec. 1

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Registration of Establishment
Principal employer employing 20 or more workers through

the contractor or the contractor(s) on deposit of required fee in Form 1 Sec. 7

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 Only by the appropriate Government through issue of

Prohibition of Employment of Contract Labor

notification after consultation with the Board (and not Courts) can order the prohibition of employment of contract labour. Sec. 10

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Revocation of Registration
When obtained by Misrepresentation or suppression of

material facts etc. after opportunity to the principal employer. Sec. 9

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Licensing of Contractor
Engaging 20 or more than 20 workers and on deposit of

required fee in Form IV. Valid for specified period.Sec.12, Rule 21

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Revocation or Suspension & Amendment of Licenses

When obtained by misrepresentation or suppression of

material facts. Failure of the contractor to comply with the conditions or contravention of Act or the Rules. Sec. 14

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Welfare measures to be taken by the Contractor

Contract labor either one hundred or more employed by a

contractor for one or more canteens shall be provided and maintained. First Aid facilities. Number of rest-rooms as required under the Act. Drinking water, latrines and washing facilities. Sec. 16 & 17

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Registers to be maintained by Contractor

Maintain a Register of Deductions for damage or loss, Register or Fines and Register of Advances in Form XX, from XXI and Form XXII respectively. Maintain a Register of Overtime in Form XXIII. To issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement of wages. Obtain the signature or thumb impression of the worker concerned against the entries relating to him on the Register of wages or Muster Roll-Cum-Wages Register. When covered by Payment of Wages Act, register and records to be maintained under the rules Muster Roll, Register of wages, Register of Deductions, Register of Overtime, Register of Fines, Register of Advances, Wage slip. Rule 79 To display an abstract of the act and Rules in English and Hindi and in the language spoken by the Majority of workers in such forms as may be approved by appropriate authority. Rule 80 To display notices showing rates of wages, hours of work, wage period, dates of payment, names and addresses of the inspector and to send copy to the inspector and any change. Rule 81 26-Sep-12

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PENALTIES
Sec. Offence Punishment Sec. 22Obstructions

For obstructing the inspector or failing to produce registers etc.- 3 months imprisonment or fine upto Rs.500, or both. Sec.23 Violation For violation of the provisions of Act or the Rules, imprisonment of 3 Months or fine upto Rs.1000. On continuing contravention, additional fine upto Rs.100 per day

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AGENCIES/MACHINERIES
Central Advisory Board State Advisory Board

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HRs ROLE
The HR personnel should ensure on behalf of the Principal

Employer the following The HR Department has to maintain a register of contractors in respect of every establishment in form XII. The HR personnel should assist the Inspecting authorities and is expected to fully co-operate with them. To be updated about any amended in the legal provisions of the ESI Act and act accordingly.

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Thank You

Any ?Questions?

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