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R130 Recommendation concerning the Examination of Grievances within the Undertaking with a View to Their Settlement




Geneva, 29 giugno 1967

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-first Session on 7 June 1967, and
Noting the terms of existing international labour Recommendations dealing with various aspects of labour-management relations, and in particular the Collective Agreements Recommendation, 1951, the Voluntary Conciliation and Arbitration Recommendation, 1951, the Co-operation at the Level of the Undertaking Recommendation, 1952, and the Termination of Employment Recommendation, 1963, and
Considering that additional standards are called for, and
Noting the terms of the Communications within the Undertaking Recommendation, 1967, and
Having decided upon the adoption of certain proposals with regard to the examination of grievances within the undertaking, which is included in the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-ninth day of June of the year one thousand nine hundred and sixty-seven, the following Recommendation, which may be cited as the Examination of Grievances Recommendation, 1967:

I. Methods of Implementation

1. Effect may be given to this Recommendation through national laws or regulations, collective agreements, works rules, or arbitration awards, or in such other manner consistent with national practice as may be appropriate under national conditions.

II. General Principles

2. Any worker who, acting individually or jointly with other workers, considers that he has grounds for a grievance should have the right:
(a) to submit such grievance without suffering any prejudice whatsoever as a result; and
(b) to have such grievance examined pursuant to an appropriate procedure.
3. The grounds for a grievance may be any measure or situation which concerns the relations between employer and worker or which affects or may affect the conditions of employment of one or several workers in the undertaking when that measure or situation appears contrary to provisions of an applicable collective agreement or of an individual contract of employment, to works rules, to laws or regulations or to the custom or usage of the occupation, branch of economic activity or country, regard being had to principles of good faith.
4.
(1) The provisions of this Recommendation are not applicable to collective claims aimed at the modification of terms and conditions of employment.
(2) The determination of the distinction between cases in which a complaint submitted by one or more workers is a grievance to be examined under the procedures provided for in this Recommendation and cases in which a complaint is a general claim to be dealt with by means of collective bargaining or under some other procedure for settlement of disputes is a matter for national law or practice.
5. When procedures for the examination of grievances are established through collective agreements, the parties to such an agreement should be encouraged to include therein a provision to the effect that, during the period of its validity, they undertake to promote settlement of grievances under the procedures provided and to abstain from any action which might impede the effective functioning of these procedures.
6. Workers' organisations or the representatives of the workers in the undertaking should be associated, with equal rights and responsibilities, with the employers or their organisations, preferably by way of agreement, in the establishment and implementation of grievance procedures within the undertaking, in conformity with national law or practice.
7.
(1) With a view to minimising the number of grievances, the greatest attention should be given to the establishment and proper functioning of a sound personnel policy, which should take into account and respect the rights and interests of the workers.
(2) In order to achieve such a policy and to solve social questions affecting the workers within the undertaking, management should, before taking a decision, co-operate with the workers' representatives.
8. As far as possible, grievances should be settled within the undertaking itself according to effective procedures which are adapted to the conditions of the country, branch of economic activity and undertaking concerned and which give the parties concerned every assurance of objectivity.
9. None of the provisions of this Recommendation should result in limiting the right of a worker to apply directly to the competent labour authority or to a labour court or other judicial authority in respect of a grievance, where such right is recognised under national laws or regulations.

III. Procedures within the Undertaking

10.
(1) As a general rule an attempt should initially be made to settle grievances directly between the worker affected, whether assisted or not, and his immediate supervisor.
(2) Where such attempt at settlement has failed or where the grievance is of such a nature that a direct discussion between the worker affected and his immediate supervisor would be appropriate, the worker should be entitled to have his case considered at one or more higher steps, depending on the nature of the grievance and on the structure and size of the undertaking.
11. Grievance procedures should be so formulated and applied that there is a real possibility of achieving at each step provided for by the procedure a settlement of the case freely accepted by the worker and the employer.
12. Grievance procedures should be as uncomplicated and as rapid as possible, and appropriate time limits may be prescribed if necessary for this purpose; formality in the application of these procedures should be kept to a minimum.
13.
(1) The worker concerned should have the right to participate directly in the grievance procedure and to be assisted or represented during the examinations of his grievance by a representative of a workers' organisation, by a representative of the workers in the undertaking, or by any other person of his own choosing, in conformity with national law or practice.
(2) The employer should have the right to be assisted or represented by an employers' organisation.
(3) Any person employed in the same undertaking who assists or represents the worker during the examination of his grievance should, on condition that he acts in conformity with the grievance procedure, enjoy the same protection as that enjoyed by the worker under Paragraph 2, clause (a), of this Recommendation.
14. The worker concerned, or his representative if the latter is employed in the same undertaking, should be allowed sufficient time to participate in the procedure for the examination of the grievance and should not suffer any loss of remuneration because of his absence from work as a result of such participation, account being taken of any rules and practices, including safeguards against abuses, which might be provided for by legislation, collective agreements or other appropriate means.
15. If the parties consider it necessary, minutes of the proceedings may be drawn up in mutual agreement and be available to the parties.
16.
(1) Appropriate measures should be taken to ensure that grievance procedures, as well as the rules and practices governing their operation and the conditions for having recourse to them, are brought to the knowledge of the workers.
(2) Any worker who has submitted a grievance should be kept informed of the steps being taken under the procedure and of the action taken on his grievance.

IV. Adjustment of Unsettled Grievances

17. Where all efforts to settle the grievance within the undertaking have failed, there should be a possibility, account being taken of the nature of the grievance, for final settlement of such grievance through one or more of the following procedures:
(a) procedures provided for by collective agreement, such as joint examination of the case by the employers' and workers' organisations concerned or voluntary arbitration by a person or persons designated with the agreement of the employer and worker concerned or their respective organisations;
(b) conciliation or arbitration by the competent public authorities;
(c) recourse to a labour court or other judicial authority;
(d) any other procedure which may be appropriate under national conditions.
18.
(1) The worker should be allowed the time off necessary to take part in the procedures referred to in Paragraph 17 of this Recommendation.
(2) Recourse by the worker to any of the procedures provided for in Paragraph 17 should not involve for him any loss of remuneration when his grievance is proved justified in the course of these procedures. Every effort should be made, where possible, for the operation of these procedures outside the working hours of the workers concerned.


Note:
R91 Recommendation concerning Collective Agreements, 29 giugno 1951
R94 Recommendation concerning Consultation and Co-operation between Employers and Workers at the Level of the Undertaking, 26 giugno 1952
R119 Recommendation concerning Termination of Employment at the Initiative of the Employer, 26 giugno 1963
R129 Recommendation concerning Communications between Management and Workers within the Undertaking, 28 giugno 1967

Fonte: ILO