FACTSHEET No.

GRIEVANCE
HANDLING

Workers have rights and entitlements that are established in laws, employment contracts, collective
agreements and workplace rules, as well as in custom and practice (the way things are normally done
– and have been done for a long time – in a particular workplace, industry or occupation). We say
that workers have a grievance when they believe that some aspect of these is not being respected by
their employer. Grievances are usually described as ‘individual’ when only one worker is involved and
‘collective’ when a group of workers all believe they are suffering from the same breach of the rules.
Grievances relate to addressing infringements of existing rights and entitlements, from bullying or
harassment, to underpayment of wages, refusal to grant rest periods, weekly rest days or public holidays,
discrimination or underpayment of bonuses or other entitlements.

Basic principles
The Examination of Grievances Recommendation, These principles arise from the most basic rights of
1967 (No. 130), among others, establishes the the worker as a member of society. However, enabling
following general principles: workers to ensure that their rights are respected –
and related grievances effectively resolved – is also
beneficial for employers and the economy. As a group
1. Every worker should have the right to submit
of experts who contributed to the development of
a grievance without suffering any prejudice
R130 argued, “Fair and effective procedures … which
whatsoever as a result
provide for an orderly outlet for grievances constitute
2. Any grievances submitted should be examined a safety-valve which helps to prevent the outburst
via an effective procedure which is open to all of serious disputes. Moreover, such procedures can
workers. contribute to a climate of mutual confidence between
management and workers which is so necessary in
labour-management relations”.1

Voluntary solutions are preferable

The ILO’s approach to grievance handling places a firm resolve without resort to more formal procedures. At
emphasis on finding solutions that are worked out in the same time, given the imbalance of power between
a dialogue between worker and employer within the an individual worker and employer, a preference for
enterprise.2 This makes sense because in many cases voluntary solutions must be balanced against ensuring
grievances may be the result of honest mistakes or genuine efforts to provide a fair outcome.
differences of interpretation that are relatively easy to

1
ILO, Report of the Technical Meeting Concerning Certain Aspects of Labour-Management Relations Within Undertakings (International Labour Office,
1964); para. 39.
2
Minawa Ebisui, Sean Cooney, and Colin F. Fenwick, eds., Resolving Individual Labour Disputes: A Comparative Overview (Geneva: International Labour
Office, 2016), 5.
 Three basic parameters can be used to ensure this Third, if workers remain unsatisfied after internal numbers of male and female workers where this It is important to remember that none of these
balance in the design of grievance procedures: procedures have been exhausted, there should be is practicable. The committee must rule on worker statutory rules prevent employers and trade unions
the possibility of resolving unsettled grievances via complaints within forty-five days. Workers have the working together to develop more detailed procedures
conciliation, arbitration, recourse to court or other right to appeal the ruling of the committee to the for the handling of individual grievances where these
First, procedures within the enterprise should offer employer and the law specifically states that the right are not regulated by the law. Grievance procedures
judicial authority, or another procedure agreed by
a real possibility of arriving at a settlement at every of workers to use the legal machinery for dispute are a common feature of most collective bargaining
the relevant workers’ and employers’ organisations,
stage. Grievance procedures should be more than resolution is wholly unaffected by their submitting a agreements. Examples of collectively agreed
including through collective agreement. In some
just a series of administrative steps that need to be complaint to the committee.4 procedures are reproduced below.
countries, the law recognizes the right of a worker
taken within an enterprise before arriving at some
to take a complaint directly to the competent
external arbitration or conciliation process. For
authority for mediation, arbitration or adjudication,
example, the employer representative should be
without first going through the internal grievance
someone who has the authority to actually resolve
the grievance. Another condition might be that in
procedure. The existence of grievance procedures Procedural fairness is essential
must not prejudice the possibility of workers making
cases where a grievance concerns the behaviour of Beyond the need for a procedure that is widely the most informal workplace procedures can be
their complaint directly through an external dispute
an individual manager, it should not be required for communicated within the enterprise to ensure that intimidating and workers must be allowed to ask
settlement process (such as a labour court or other
the aggrieved worker to take their complaint to that worker complaints are dealt with consistently and a trusted representative to help them make their
judicial, or quasi-judicial authority) and procedures
manager in the first instance. transparently, additional criteria may be considered case or speak on their behalf. Employers may
should allow for the final settlement of workers’
complaints via some agreed external means like to ensure due process or procedural fairness: also be assisted or represented by an employers’
Second, if an acceptable solution cannot be conciliation, arbitration, or a joint adjudication by organization.
found between workers and their first or second the relevant workers’ and employers’ organisations.
line supervisors, it should be possible to take a • Procedures should be as uncomplicated and • Workers should not suffer any loss of earnings
grievance to a more senior level of management. rapid as possible, and time limits may be placed as a result of the time taken to participate in the
on each stage. Grievances should not ‘disappear’ procedure, up to and including participation in
into a complex institutional machine with little or any external conciliation or arbitration. As well as
no indication of when a resolution will be offered. suffering no direct prejudice, there must also be
no hidden or indirect cost to the worker (or their
Rights vs. interests • Workers should have the right to be present chosen representative if employed at the same
and to participate directly in the procedure. The undertaking) from attempting to ensure respect
Grievance handling is a key element in ensuring sound collective labour relations in the decision-making process should not take place for what they understand to be their rights.
workplace. ‘behind closed doors’.

Grievance handling is about enforcing existing rules and standards, not about changing these • Workers should have the right to be assisted or Workers who file grievances should not suffer any
rules or making new ones. Take the example of an employer who does not pay workers the represented by a trade union representative, or prejudice whatsoever (discipline, transfer, demotion,
proper rates as set out in a collective agreement applying to the enterprise. In this case, the any other person of the workers’ choosing. Even etc.) for having, in good faith, brought forward a
workers involved will have a grievance. On the other hand, an employer may respect all the grievance.
applicable rules about pay rates, but workers may nevertheless believe that these rates are
too low. If the employer will not agree to increase wages, the workers do not have a grievance,
but are involved in a different kind of disagreement called an interest dispute. Resolving this
kind of dispute does not involve deciding whether an employer is respecting the applicable Canada: Collective Agreement of Professional Staff,
regulations, and a grievance procedure would therefore be inappropriate. Rather, it involves Between the Government of Quebec
workers and employers (and their respective organizations) seeking agreement about whether and the Union of Public Service Workers (2010-15)
the applicable regulation should change and if so how. These parties may also make use of
mediation, conciliation or voluntary arbitration to resolve such disputes.
Handling of individual grievances.

Individual employees should submit any grievances to their immediate supervisors within 30
days of the dispute. The parties encourage each employee to seek assistance from a union
Developing grievance procedures representative during the process, and the supervisors to obtain sufficient information to resolve
the dispute. The union and employer representatives should meet to discuss the grievance within
Grievance procedures can be put into practice via about their employment and to be protected from 180 days, and exchange all the pertinent information and documentation that may lead to a
national laws and regulations, collective agreements prejudice as a consequence of having done so. The mutual understanding of the parties’ positions and enable them to seek possible solutions.
or company rules developed with or without basic outline of the procedure to be followed is also
consultation of workers’ representatives. The extent established in law. Separate procedures exist for use
The union can request arbitration within seven days if not satisfied with a decision of the
to which employers and workers have the scope to in cases involving discrimination against a worker
employer’s representative or if 180 days have passed without a meeting or a decision, by notifying
develop and agree procedures for themselves varies and in the case of health and safety violations.3 In
the employer’s representative and the clerk of the arbitration tribunal. The grievant must present
between countries. India, all businesses employing more than twenty
workers are required to establish a ‘Grievance a summary of the facts, any preliminary objections and any other issues of rights that should be
Redressal Committee’ with equal representation discussed, and attach copies of any evidence that the grievant intends to introduce.5
In Germany, for example, private sector employees
from the employer and worker sides and equal
have a specific statutory right to raise grievances

3
Bernd Waas, “Germany,” in Resolving Individual Labour Disputes: A Comparative Overview, ed. Minawa Ebisui, Sean Cooney, and Colin F. Fenwick (Geneva:
4
The Industrial Disputes (Amendment) Act, 2010, article 6. This act amends the 1947 Industrial Disputes Act, with the grievance redressal machinery
International Labour Office, 2016). now forming Chapter IIB of the act as amended.
5
ILO, Promoting Constructive Approaches to Labour Relations in the Public Service: Examples from Collective Agreements : A Supplement to the
Manual on Collective Bargaining and Dispute Resolution in the Public Service (Geneva: ILO, 2015), 75.
 Collective Agreement Between Polytex Industries Limited
and The Industrial And Commercial Workers Union (Ghana)

GRIEVANCE PROCEDURE

Step 1: In the event of any complaint of grievances, the employee will take the matter up with his
supervisors with or without the shop steward.

Step 2: If the matter remains unresolved, the Local Union Executives will take the matter up with
the Departmental Head and his/her designated representative.

Step 3: If the matter still remains resolved, the Local Union Secretary or Chairman shall take up
the matter with the Personnel Manager who will arrange and chair a meeting between the Local
Union and Sectional/Department Manager involved.

Step 4: If the matter is still unresolved, the Local Union shall report to the Regional Industrial
Relations Officer who will in turn file a written grievance with the Personnel Manager of the
Company.

Step 5: If after step 4 the matter still remains unresolved, the Union will summon the Standing
Joint Negotiating Committee to meet and endeavour to reach agreement.

Step 6: If the parties fail to reach agreement after step 5, the dispute will be referred to the National
Labour Commission in accordance with the Labour Act 2003 (Act 651).

Inclusive Labour Markets, Labour Relations

and Working Conditions Branch (INWORK)
International Labour Office
4, route des Morillons
CH-1211 Geneva 22, Switzerland
Tel: + 41 22 799 67 54
Fax: + 41 22 799 84 51
inwork@ilo.org
www.ilo.org/collectivebargaining
ISSN 2227-9334 (web)
March 2018