Hello friends, I am working at Asian Paints. I am currently involved in a grievance handling project. Could you please assist me in obtaining the grievance handling policy of a manufacturing company? Also, are there any statutory compliances related to grievance handling?
From India, Mumbai
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1From India, Mumbai
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Dear Charu,
Kindly refer to the recent amendment in the ID Act, which makes it compulsory to have a proper Grievance Redressal Machinery in every industry employing four or more employees as per the details given below:
INDUSTRIAL DISPUTES ACT
AMENDED AFTER 26 YEARS
MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 15th September 2010
S.O. 2278(E). - In exercise of the powers conferred by sub-section (2) of Section 1 of the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), the Central Government hereby appoints the 15th Day of September 2010, as the date on which the said Act shall come into force.
[F.No.S-11012/1/2007-IR(PL)]
RAVI MATHUR, Addl. Secy.
THE INDUSTRIAL DISPUTES (AMENDMENT) ACT, 2010
No.24 OF 2010
[18th August 2010]
An Act further to amend the Industrial Disputes Act, 1947.
Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:
1. (1) This Act may be called the Industrial Disputes (Amendment) Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), in section 2:
(i) in clause (a):
(a) in sub-clause (i), for the words "major port, the Central Government, and", the words "major port, any company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government and" shall be substituted;
(b) for sub-clause (ii), the following sub-clause shall be substituted, namely:
"(ii) in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government."
Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment.";
(ii) in clause (5), in sub-clause (iv), for the words "one thousand six hundred rupees", the words "ten thousand rupees" shall be substituted.
3. Section 2A of the principal Act shall be numbered as sub-section (1) thereof, and after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:
"(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may make an application directly to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of three months from the date he made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and upon receipt of such application, the Labour Court or Tribunal shall have the powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act, and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment, or other termination of service as specified in sub-section (1)."
4. In section 7 of the principal Act, in sub-section (3), after clause (e), the following clauses shall be inserted, namely:
"(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department after having acquired a degree in law including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or
(g) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade."
5. In section 7A of the principal Act, in sub-section (3), after clause (aa), the following clauses shall be inserted, namely:
"(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department after having acquired a degree in law including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or
(c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade."
6. After section 9B of the principal Act, for chapter IIB, the following Chapter shall be substituted, namely:
"CHAPTER IIB
GRIEVANCE REDRESSAL MACHINERY
9C. (1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.
(2) The Grievance Redressal Committee shall consist of an equal number of members from the employer and the workmen.
(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on a rotational basis every year.
(4) The total number of members of the Grievance Redressal Committee shall not exceed more than six:
Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members is more than two, the number of women members may be increased proportionately.
(5) Notwithstanding anything contained in this section, the setting up of the Grievance Redressal Committee shall not affect the right of the workman to raise an industrial dispute on the same matter under the provisions of this Act.
(6) The Grievance Redressal Committee may complete its proceedings within forty-five days of receiving a written application by or on behalf of the aggrieved party.
(7) The workman who is aggrieved by the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of the Grievance Redressal Committee, and the employer shall, within one month of receiving such appeal, dispose of the same and send a copy of his decision to the workman concerned.
(8) Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment concerned."
7. In section 11 of the principal Act, after sub-section (8), the following sub-sections shall be inserted, namely:
"(9) Every award made, order issued, or settlement arrived at by or before the Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for the execution of orders and decrees of a Civil Court under Order 21 of the Code of Civil Procedure, 1908.
(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order, or settlement to a Civil Court having jurisdiction, and such Civil Court shall execute the award, order, or settlement as if it were a decree passed by it."
8. In section 38 of the principal Act, in sub-section (2):
(i) clause (ab) shall be omitted;
(ii) for clause (c), the following clause shall be substituted, namely:
"(c) the salaries and allowances and the terms and conditions for the appointment of the presiding officers of the Labour Court, Tribunal, and the National Tribunal including the allowances admissible to members of Courts, Boards, and to assessors and witnesses."
Please let me know if you need any further clarification or assistance.
Thank you.
From India, Bangalore
Acknowledge(1)
Amend(0)
Kindly refer to the recent amendment in the ID Act, which makes it compulsory to have a proper Grievance Redressal Machinery in every industry employing four or more employees as per the details given below:
INDUSTRIAL DISPUTES ACT
AMENDED AFTER 26 YEARS
MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 15th September 2010
S.O. 2278(E). - In exercise of the powers conferred by sub-section (2) of Section 1 of the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), the Central Government hereby appoints the 15th Day of September 2010, as the date on which the said Act shall come into force.
[F.No.S-11012/1/2007-IR(PL)]
RAVI MATHUR, Addl. Secy.
THE INDUSTRIAL DISPUTES (AMENDMENT) ACT, 2010
No.24 OF 2010
[18th August 2010]
An Act further to amend the Industrial Disputes Act, 1947.
Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:
1. (1) This Act may be called the Industrial Disputes (Amendment) Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), in section 2:
(i) in clause (a):
(a) in sub-clause (i), for the words "major port, the Central Government, and", the words "major port, any company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government and" shall be substituted;
(b) for sub-clause (ii), the following sub-clause shall be substituted, namely:
"(ii) in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government."
Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment.";
(ii) in clause (5), in sub-clause (iv), for the words "one thousand six hundred rupees", the words "ten thousand rupees" shall be substituted.
3. Section 2A of the principal Act shall be numbered as sub-section (1) thereof, and after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:
"(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may make an application directly to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of three months from the date he made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and upon receipt of such application, the Labour Court or Tribunal shall have the powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act, and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment, or other termination of service as specified in sub-section (1)."
4. In section 7 of the principal Act, in sub-section (3), after clause (e), the following clauses shall be inserted, namely:
"(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department after having acquired a degree in law including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or
(g) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade."
5. In section 7A of the principal Act, in sub-section (3), after clause (aa), the following clauses shall be inserted, namely:
"(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department after having acquired a degree in law including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or
(c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade."
6. After section 9B of the principal Act, for chapter IIB, the following Chapter shall be substituted, namely:
"CHAPTER IIB
GRIEVANCE REDRESSAL MACHINERY
9C. (1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.
(2) The Grievance Redressal Committee shall consist of an equal number of members from the employer and the workmen.
(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on a rotational basis every year.
(4) The total number of members of the Grievance Redressal Committee shall not exceed more than six:
Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members is more than two, the number of women members may be increased proportionately.
(5) Notwithstanding anything contained in this section, the setting up of the Grievance Redressal Committee shall not affect the right of the workman to raise an industrial dispute on the same matter under the provisions of this Act.
(6) The Grievance Redressal Committee may complete its proceedings within forty-five days of receiving a written application by or on behalf of the aggrieved party.
(7) The workman who is aggrieved by the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of the Grievance Redressal Committee, and the employer shall, within one month of receiving such appeal, dispose of the same and send a copy of his decision to the workman concerned.
(8) Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment concerned."
7. In section 11 of the principal Act, after sub-section (8), the following sub-sections shall be inserted, namely:
"(9) Every award made, order issued, or settlement arrived at by or before the Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for the execution of orders and decrees of a Civil Court under Order 21 of the Code of Civil Procedure, 1908.
(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order, or settlement to a Civil Court having jurisdiction, and such Civil Court shall execute the award, order, or settlement as if it were a decree passed by it."
8. In section 38 of the principal Act, in sub-section (2):
(i) clause (ab) shall be omitted;
(ii) for clause (c), the following clause shall be substituted, namely:
"(c) the salaries and allowances and the terms and conditions for the appointment of the presiding officers of the Labour Court, Tribunal, and the National Tribunal including the allowances admissible to members of Courts, Boards, and to assessors and witnesses."
Please let me know if you need any further clarification or assistance.
Thank you.
From India, Bangalore
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Dear Charu, Gud Evening! There is special Grievences Redressal Procedure Act 1996. Kindly refer the same. Thanx & Rgds Bhagwan Tolani Group HR Head RH Group Mumbai
From India, Mumbai
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From India, Mumbai
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Dear Charu,
I am from the garment industry where more than 90% of the workforce will be women. We had a grievance handling procedure when I was heading HR and Admin. The same is detailed below:
As a matter of Labour Policy, [Company Name] hereby lays down the following procedure for addressing employees' grievances:
1. An employee who has any grievances, such as:
(a) A complaint against their supervisor or co-worker
(b) Problems related to methods or systems on the production floor
(c) Inconveniences caused by the work environment
(d) Disturbances caused by personal problems on the factory premises, etc.
2. Apart from the above, the management may address other problems that it considers relevant.
3. The aggrieved worker shall inform their problems in writing to any one of the following:
- Factory Manager
- Technical Manager
- Admin Officer
- Welfare Officer
4. The essence of the employee's grievances shall be recorded in the Employee's Grievance Register, mentioning the date and any reference number.
5. The registered complaints will be addressed within 48 hours.
6. Employees may also drop their letters of grievance in the suggestion/complaint boxes located on the production floor.
7. If the problem stated in the letter is deemed crucial, the Factory Manager shall call the concerned department head for an explanation and may order an inquiry.
8. The inquiry shall be conducted, and redressal shall be made as per the company's standing orders in force.
9. The actions taken by the management will be recorded.
10. The management shall periodically reference the registered problems and actions taken to resolve them to monitor the situation and ensure that the problems are not repeated.
This policy on the procedure for redressal is introduced to ensure a good working environment in the factory, maintained at all times.
For .....................................
FACTORY MANAGER
From India, Delhi
Acknowledge(0)Amend(0)
I am from the garment industry where more than 90% of the workforce will be women. We had a grievance handling procedure when I was heading HR and Admin. The same is detailed below:
As a matter of Labour Policy, [Company Name] hereby lays down the following procedure for addressing employees' grievances:
1. An employee who has any grievances, such as:
(a) A complaint against their supervisor or co-worker
(b) Problems related to methods or systems on the production floor
(c) Inconveniences caused by the work environment
(d) Disturbances caused by personal problems on the factory premises, etc.
2. Apart from the above, the management may address other problems that it considers relevant.
3. The aggrieved worker shall inform their problems in writing to any one of the following:
- Factory Manager
- Technical Manager
- Admin Officer
- Welfare Officer
4. The essence of the employee's grievances shall be recorded in the Employee's Grievance Register, mentioning the date and any reference number.
5. The registered complaints will be addressed within 48 hours.
6. Employees may also drop their letters of grievance in the suggestion/complaint boxes located on the production floor.
7. If the problem stated in the letter is deemed crucial, the Factory Manager shall call the concerned department head for an explanation and may order an inquiry.
8. The inquiry shall be conducted, and redressal shall be made as per the company's standing orders in force.
9. The actions taken by the management will be recorded.
10. The management shall periodically reference the registered problems and actions taken to resolve them to monitor the situation and ensure that the problems are not repeated.
This policy on the procedure for redressal is introduced to ensure a good working environment in the factory, maintained at all times.
For .....................................
FACTORY MANAGER
From India, Delhi
Acknowledge(0)Amend(0)
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THE ESSENTIAL PERQUISITES OF A GRIEVANCE HANDLING PROCEDURE.doc
Industrial Disputes Act 1947.pdf