Staff Grievance Policy

https://www.asu.edu.bh/wp-content/uploads/2020/10/Staff-Grievance-Policy-2017.pdf

ASU recognizes the importance of its employees feeling comfortable at work and in case of any eventuality they have the parameters to report the situation or complaints, in this sense it has developed a “Staff Grievance Polity” which teaches its employees the guidelines and process to follow for employees to use their rights.

An employee may proceed with raising a grievance when he/she experiences:

• Actions or decisions against him/her that are inconsistent with a specific University rule, regulation or policy.
• Suspensions, demotions or other disciplinary action(s).
• Involuntary termination (involuntary terminations do not include the resignation or retirement).
• Outcomes of performance evaluations.

The University shall follow the steps listed below as part of the grievance process. Through this process, the University strives to ensure the consistently fair and equal treatment of employee grievances.

Grievance resolution through discussion with the employee’s Line Manager:

The first step to resolve an issue shall be direct communication with the employee’s Line Manager. The University shall urge all employees to discuss their employment concerns, problems, or questions with their Line Manager, who shall be expected to foster and establish effective two-way communication with the employees they supervise.  Effective communication between employees and their Line Manager serves the best interests of both the employee and the University [3].

Appeal to the Dean/Director

If an employee feels that the discussions with his/her Line Manager have been inadequate or have resulted in an unsatisfactory solution to the problem, the employee may initiate an appeal to their Dean/Director. If the employee has an issue with Dean/Director, then they may go one level higher.

Appeal to the Vice President

If the Director’s/Dean’s decision does not resolve the problem to the satisfaction of the employee, the employee may appeal the matter to a higher-level administrator within his/her organisational hierarchy.

Appeal Review Board

If the decision of the VP does not resolve the problem to the satisfaction of the employee, then, as a final resort, the employee may choose to appeal the matter to an Appeal Review Board.

Employees rights are discussed in the university HR committee, there are 2 committees, one for the administrative staff and one for the academic staff, below is an extract where 3 employees submitted a grievance for their annual increment and the committee discussed it and approved it.

1. Follow up on the contract’s renewal procedures for the university employees’; that is, after making sure that they have met all of the appropriate requirements and conditions, as per the regulations and rules applied at the university.
2. Recording, documenting electronically all leave for employees, considering all of the required procedures in this regard, such as scheduling and archiving employees ’leave, and following up on employees’ attendance.

Staff Handbook

https://www.asu.edu.bh/wp-content/uploads/2019/01/Staff-Handbook-Eng-Final.pdf

6.17 Grievance Procedure

6.17.1 The Staff Grievance Procedure shall be available to any employee. (If required to do so, the employee must have completed the requisite probation period). The Staff Grievance Procedure shall not be available to temporary employees, students or non University employees such as consultants or contractors.

6.17.2 An employee may proceed with raising a grievance when he/she experiences:

6.17.2.1 Actions or decisions against him/her that are inconsistent with a specific University rule, regulation or policy.

6.17.2.2 Suspensions, demotions or other disciplinary action(s).

6.17.2.3 Involuntary termination (involuntary terminations do not include the resignation or retirement).

6.17.2.4 Outcomes of performance evaluations.

6.17.3 An employee may not proceed with raising a grievance when he/she wishes to challenge issues concerning: 6.17.3.1 Flexible work options/decisions.

6.17.3.2 Reduction/retrenchment of staff.

6.17.3.3 The reorganisation of a department or reallocation of its resources.

6.17.4 The University shall follow the steps listed below as part of the grievance process. Through this process, the University strives to ensure the consistently fair and equal treatment of employee grievances.

6.17.4.1 Grievance resolution through discussion with the employee’s Line Manager The first step to resolve an issue shall be direct communication with the employee’s Line Manager. The University shall urge all employees to discuss their employment concerns, problems, or questions with their Line Manager, who shall be expected to foster and establish effective two-way communication with the employees they supervise.

Effective communication between employees and their Line Manager serves the best interests of both the employee and the University.

6.17.4.1.1 The employee shall discuss the issue in detail with their Line Manager. They shall explain the nature of the problem and its effect on them.

6.17.4.1.2 In resolving these problems, Line Managers shall consider a variety of needs, including those of the University as a whole, the individual department and their own organisational area of responsibility.

6.17.4.1.3 In the event an employee has an issue with their Line Manager or the Line Manager cannot resolve the issue, the employee may choose to go one level above the Line Manager or go to the HRD. Even if the Line Manager is not at the centre of the problem, the employee is free to approach the HRD directly.

6.17.4.1.3.1 If the employee has an issue with a member of academic staff, the employee should approach the Dean and then the HRD.

6.17.4.1.3.2 In a case where an employee approaches the HRD, the HRD shall discuss the issue with all members involved in an informal setting, and try to resolve the issue through mediation and negotiation.

6.17.4.1.3.3 In a case where the HRD/Line Manager or the Director/ Dean cannot arrive at a decision or no resolution is achieved, the employee shall be asked to file a formal grievance.

6.17.4.2 Appeal to the Dean/Director If an employee feels that the discussions with his/her Line Manager (Step 6.17.4.1.1) have been inadequate or have resulted in an unsatisfactory solution to the problem, the employee may initiate an appeal to their Dean/Director. If the employee has an issue with Dean/Director, then they may go one level higher.

6.17.4.2.1 The employee shall begin the process by completing the Grievance Form. The form shall contain the details describing the problem, the facts pertaining to the dispute, the Line Manager’s response to the problem and the reason(s) for the employee’s dissatisfaction with the supervisor’s response.

6.17.4.2.2 Upon receiving a written complaint, the Director/Dean shall clarify whether the procedure outlined in Step 6.17.4.1.1 for informal resolution of the grievance was properly completed by the administrative/academic staff. If not, then the employee may be asked to go back and complete the procedure.

6.17.4.2.3 The Director/Dean shall promptly review the written statement and arrange a meeting with the employee to determine what action, if any, is advisable or required. Under normal conditions, the Director/Dean shall make a decision and communicate that decision, in writing, to the employee, within five working days of the meeting.

6.17.4.3 Appeal to the Vice President

If the Director’s/Dean’s decision does not resolve the problem to the satisfaction of the employee, the employee may appeal the matter to a higher-level administrator within his/her organisational hierarchy.

6.17.4.3.1 Academic staff shall appeal to the Vice President of Academic Affairs, whereas administrative employees shall appeal to the Vice President of Administration, Financial Affairs and Community.

6.17.4.3.2 This step in the University’s Staff Grievance Procedure shall require the employee to prepare a written statement that describes the reason(s) for his/her dissatisfaction with the Director’s/Dean’s decision. The statement shall include (as attachments) a copy of both the written statement that the employee previously sent to the Line Manager and the Director’s/Dean’s written response.

6.17.4.3.3 The Vice President to whom the appeal has been sent shall promptly review the written statement, investigate the issue, and arrange a meeting with the employee to determine what action, if any, is advisable or required. Under normal circumstances, the Vice President shall provide a written decision to the employee.

6.17.4.4 Appeal Review Board

If the decision of the Vice President does not resolve the problem to the satisfaction of the employee, then, as a final resort, the employee may choose to appeal the matter to an Appeal Review Board.

6.17.4.4.1 The Appeal Review Board shall consist of three members of the University’s administration, selected by the University Council.

6.17.4.4.2 The Head of Human Resources shall be a member of the Appeal Review Board.

6.17.4.4.3 The employee shall initiate this step by writing a request to the Head of Human Resources. The request shall specify the reason(s) for the employee’s dissatisfaction with the decision of the Dean or Vice President. It shall include (as attachments) a copy of both the written statement that was previously sent to the Dean or Vice President, and the written decision of the Dean or Vice President.

6.17.4.4.4 The Appeal Review Board shall be constituted promptly, and arrangements shall be made to meet with the employee.

6.17.4.4.5 The employee may bring to this meeting a person of his/ her choice to assist the employee in expressing his/her position with respect to the grounds he/she feels constitute a legitimate grievance.

6.17.4.4.6 The findings and recommendations of the Appeal Review Board shall be subject to review by the President.

6.17.4.4.7 Under normal circumstances, the written decision of the Appeal Review Board shall be transmitted to the employee within ten working days of the meeting.

6.17.4.4.8 The decision of the Appeal Review Board shall be final and shall not be subject to further appeal.

6.18 Disciplinary Procedures

6.18.1 Disciplinary meeting

6.18.1.1 Prior to any warnings being issued to an employee, it shall be the responsibility of the Line Manager to discuss the actions of the employee and give recommendations or suggestions for improvement.

6.18.1.2 It shall also be the responsibility of the Line Manager to ensure that the employee is made well aware of the consequences of repeated violations and the next level of warning if the actions are repeated.

6.18.1.3 During the course of this meeting, the employee shall be allowed to bring a witness from inside the University to the meeting to present their case; however, no legal representatives (legal counsel, Ministry of Labour representative, etc.) shall be permitted.

6.18.1.4 This meeting shall be arranged within five working days of the event or action that led to the disciplinary action.

6.18.1.5. In cases of gross misconduct or for the issue of a final warning, for an administrative employee, an HRD representative shall be present during the meeting, and for academic staff both the Dean and the HOD should be present during the disciplinary meeting.

6.18.2 Disciplinary Action

6.18.2.1 In the case of a violation of the University laws, regulations, instructions or job duties, the employee shall be subject to the following disciplinary penalties:

6.18.2.1.1 The employee shall be issued a verbal warning.

6.18.2.1.2 The employee shall be issued a written warning.

6.18.2.1.3 There shall be a delay in the employee receiving their annual allowance for no more than three months. 6.18.2.1.4 The employee shall receive a suspension from duty and a salary deduction for no more than one month per year and not exceeding five consecutive days.

6.18.2.1.5 The employee shall be subject to the postponement of promotion for no more than one year. 6.18.2.1.6 The employee shall be dismissed in accordance with provisions of this regulation.

6.18.2.2 The powers to make decisions relating to disciplinary penalties set forth in the previous articles shall be as follows:

6.18.2.2.1 The Department Head or the Director of Administrative and Financial Affairs may impose the penalties set forth in the relevant clauses (6.18.2.1.1 and 6.18.2.1.2) on his/her staff. 6.18.2.2.2 The Vice President for Administration, Financial Affairs and Community Engagement or the Dean may impose the penalties set forth in the aforementioned clauses (6.18.2.1.1, 6.18.2.1.2, 6.18.2.1.3 and 6.18.2.1.4) of the University staff upon receipt of the recommendation of the Department Head or the concerned Manager of Administration. 6.18.2.2.3 The President may impose all penalties set forth in the relevant clauses (6.18.2.1.1, 6.18.2.1.2, 6.18.2.1.3, 6.18.2.1.4, 6.18.2.1.5 and 6.18.2.1.6) on all University staff upon receipt of a proposal from the Vice President for Administration, Financial Affairs and Community Engagement.

6.18.2.3 The President may impose the aforementioned penalties upon receipt of the resolution of the Disciplinary Board.

6.18.2.4 The University shall establish a Disciplinary Board, which shall consist of the President and four members; the Disciplinary Board shall be appointed by the President for one renewable year.

6.18.2.5 An employee shall be referred to the Disciplinary Board by the University Council, provided that the Disciplinary Board members shall not be less senior than the employee whose case is being referred to the Board.

6.18.2.6 The sessions of the Disciplinary Board cannot be conducted unless the President and the other members are available to attend the session. All decisions and procedures shall be taken by majority vote and the deliberations of the Board shall remain confidential.

6.18.2.7 In the case where the President or any member of the Disciplinary Board cannot attend the meeting, the President may choose alternative members to attend the Disciplinary Board during the absence period of the nominated Board member.

6.18.2.8 The University Council may exempt any member of the Disciplinary Board. Also, any member of the Disciplinary Board may ask the University Council to exempt him/her. In both cases, the University Council shall choose an alternative to the exempted member.

6.18.2.9 In order to summon an employee, the Disciplinary Board shall inform the employee who is to be referred to the Board of the detailed accusations which relate to the disciplinary hearing. This will be done in a written letter and sent to the employee at their workplace or residence at least one week before the disciplinary hearing. The employee shall have the right to see all the outcomes of prior investigations and the documents pertaining to the accusations. The employee shall have the right to attend all the sessions of the Disciplinary Board and to defend himself/herself against the accusations.

6.18.2.10 The Disciplinary Board shall be held to discuss the case within two weeks of the case being submitted to them. The Disciplinary Board must make a decision within a maximum of two months after the case being lodged with them.

6.18.2.11 If the Disciplinary Board cannot issue a decision within the permitted period, the Disciplinary Board shall demonstrate the reasons in a written report to the University President. These reports shall form the basis for determining the revised date by which the decision must be issued after the completion of investigation procedures. Consequently, the President may extend the duration of these sessions.

6.18.2.12 The decisions of the Disciplinary Board shall be final and may not be appealed against, except in cases of ‘termination of service’ for which the employee may appeal against the decision to the University Council within three days being formally notified of the decision.

6.18.2.13 The President shall be informed, in writing, of all the decisions that relate to disciplinary cases.

6.18.2.14 The President may make the decision to suspend from work an employee who is referred to the Disciplinary Board.

6.18.2.15 The penalty or penalties imposed on the employee shall only be effected after informing the employee about the list of accusations in a written letter, hearing his/her testimony and defence, and documenting the decision in a special file.

6.18.2.16 The employee shall be informed, in writing, about the penalty or penalties, detailing its type and degree, in addition to the disciplinary action that will occur if he/she commits the same offence again.

6.18.2.16 If the employee does not receive / refuses to receive the letter, the University shall send the letter to the address of the residence that is recorded in the employee’s private file. If the employee still denies having received the written communication, the University shall have the right to announce the punishment at the employee’s workplace.

6.18.3 Disciplinary Penalties (an extract from the university bylaws)

6.18.3.1 Article (1): Penalties that may be imposed on the member due to violation of occupational duties by virtue of applicable Bahraini Labour Law are: Notice.

6.18.3.1.1 Written Warning.

6.18.3.1.2 Postponing due date of the annual allowance for a period not exceeding three months.

6.18.3.1.3 Cease from work, adding to deduction from the salary for a period not exceeding one month, nor exceeding five days at a time.

6.18.3.1.4 Postponing promotion while being due for a period not exceeding one year.

6.18.3.1.5 Suspension from duty as per provisions of applicable Bahraini Labour Law.

6.18.3.2 Authorities of Signing Disciplinary Penalties

6.18.3.2.1 Article (2): Authorities of imposing disciplinary penalties stipulated in Article (1) shall be granted as follows

6.18.3.2.1.1 To the Head of Department who is entitled to impose penalties stated within Clauses no. (1&2) of Article (1) of this Regulation.

6.18.3.2.1.2 To the Faculty Dean, who is entitled to impose penalties stated within Clauses no. (1-2) of Article (1) of this Regulation.

6.18.3.2.1.3 To the Vice Presidents of the University who is entitled to impose penalties stated within Clauses from no. (1 till 5) of Article (1) of this regulation as per provisions of applicable Bahraini Labour Law.

6.18.3.2.1.4 To the University President who is entitled to impose penalties stated within Clauses from no. (1-6) of Article (1) of this regulation as per provisions of applicable Bahraini Labour Law.

6.18.3.2.1.5 Disciplinary Council is entitled to impose penalties stated within Article (1) of this regulation as per what is ascertained to be satisfactory.

6.18.3.3 Article (3): University President is entitled – upon termination of the investigation – to impose any of the penalties stated Article (1) of this regulation or refer the member to the Disciplinary Council if the Case required.

6.18.3.4 Article (4): If the Case required, Teaching Staff Disciplinary Council shall be formed at the University upon a decree passed by the University President.

6.18.3.5 Article (5): Such Council shall be held upon summoning its Chairman and entire procedures and resolutions shall be applicable.

6.18.3.6 Article (6): Member referred back to the Disciplinary Council shall be notified about the violations list attributed to him or her via a registered letter sent to his/ her workplace or residency prior to three days while reserving the right to attend Disciplinary Council for self-defence.

6.18.3.7 Article (7): Such Council shall be held for reviewing the filed lawsuit within two (2) working days of the date of its receipt, while the said council shall submit its recommendation to the University President with (5) working days of the stated date.

6.18.3.8 Article (8): University President may suspend and cease the member subject to investigation or referred to Disciplinary Council or Public Prosecution or Criminal Court from work till passing final decree in his/her lawsuit.

6.18.3.9 Article (9): No member against him or her a disciplinary decree was passed shall be promoted, while such member shall not be nominated for occupation of any academic or administrative post or awarded any rewards or grants while it is not permitted to second or delegate such member within the whole period of the validity of the Disciplinary decree, while deputies of the President and Administrative and financial Affairs Directorate shall be notified with the disciplinary decree in writing.

6.18.3.10 Article (10): Entire legal implications stated within Article (11) shall be revoked upon the termination of the below terms:

6.18.3.10.1 Six months in the event of sending a written notification.

6.18.3.10.2 One year in the event of ceasing from work in addition to a deduction from salary and postponing both entitlement of the annual allowance and promotion.

6.18.3.11 Article (11): Penalties may be restricted to the members in the event of committing any other disciplinary violation.

6.18.3.12 Article (12): Any member of teaching staff may submit grievance or repeal the issued resolution regarding the imposition of penalties within seven (7) days of the date he was notified about such resolution to the competent authority.

6.18.3.13 Article: (13): This Regulation shall be applicable pursuant to the provisions of enforceable Bahraini Labour law while any other text negating such content and provisions of law shall be revoked.

ASU Department Human Resources Policy

https://www.asu.edu.bh/

The purpose of this policy is to establish a framework for the support of the Department of Human Resources (HR) at the ASU to staff and students to supervise the work of the members of the faculty and the administration and works under the supervision from the Vice President of Administrative Affairs, who follows the department’s work on all things administrative systems and employee-related policies, as shown below:

1. Studying the functional needs of the different departments in the university on the basis of approved scientific bases and based on the plans of the university and make appropriate recommendations in this regard.
2. 2. Directing and developing the mechanism of recruitment, selection, recruitment and contracting with all employees of the university.
3. 3. Renewal of work contracts for faculty members and administration, and grant them annual increases according to the system.
4. Contribute to the preparation of the estimated budget of the Human Resources Department in relation to the salaries of employees currently and expected to be appointed.
5. Issuing certificates of experience and proof of work for faculty and administrative staff both from the resigners or those who are still at their jobs, in addition to issuing the documents needed by the employees after returning to their files.
6. Calculation of the entitlements of employees to those who finish their services at the university.
7. Supervise the follow-up of the implementation of the system of salaries and bonuses, incentives and rewards of employees in a transparent and linked with performance and career expectations.
8. Supervise the evaluation of performance of all employees of the university before the renewal of contracts based on the job description of each job using special models are updated as needed.
9. 9. Studying the training and development needs of the employees in the various departments in the University and coordinating with the concerned authorities to meet these needs.
10. Supervise the preparation of statistics on the employees of the university and distribute them to the persons concerned.
11. Supervise the preparation of documents related to labor disputes and follow up with the concerned authorities.
12. Follow up the employees’ time and record leave to preserve their rights and rights of the institution .
13. Performing any administrative work assigned to him by the President and the Vice President for Administrative Affairs Furthermore, ASU guaranteeing equivalent rights of workers or of its outsourcing activities to third parties according to with the Bahraini Labour Law.

Human Resources Department

https://www.asu.edu.bh/director/administrative-affairs/human-resources-department/

Knowing the policy, the ASU employee can go to the Human Resources Department to talk about a specific problem or present their complaints, employees can make their claims and suggestions regarding complaints or salary claims. The information given by the employee is confidential.

Human Resources Department has the following goals:

1. Carry out strategic planning for the needs of teaching and administrative staff in line with the recruitment policies, procedures, and selection criteria; maintain statistics of the current workforce within the university through coordination with the authorities concerned.
2. Advertise for job vacancies available at the university, internally and externally, following up on the process of receiving applications, selecting the most-qualified applicants, communicating with the authorities concerned, and concluding the recruitment procedures and contracting with the new staff.
3. Full supervision of the record keeping, and documentation of information related to the university staff, and overseeing all procedures / matters related to promotions, training courses, salaries, privileges, deductions, performance evaluations, attendance and the end of service for all members of staff.
4. Analyze, update job titles and job descriptions in coordination with the line managers ’and the university’s organizational structure and international standards.
5. Analyze and identify training needs, preparing the required training plans, and provide the university staff with the required training courses required to increase and improve employees ’productivity, skills and capacities.
6. Maintaining loyalty and the sense of belonging among employees, providing a suitable work environment, and achieving harmonization to improve the employees ’performance and productivity levels.

The Staff Handbook

https://www.asu.edu.bh/wp-content/uploads/2019/01/Staff-Handbook-Eng-Final.pdf

The Staff Handbook is another body by which employees can rely to know how to make claims, this manual is intended only for staff working at the university:

• Clearly communicate the rules and regulations that are applicable to staff, enabling them to perform their roles and responsibilities in line with the policies and procedures of the University.
• Provide employees with a working guide to making them aware of the day-to-day operational and administrative requirements.
• Foster transparency in employee communications, and ensure all employees are aware of their rights and entitlements.

Staff handbook show how employees can appeal to any need they have.