procedural rule

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An employment rule that governs the behaviour of workers, managers, trade unions, employers' associations, state officials, and others who become involved in the process of job regulation. Examples of procedural rules can be found in industrial relations procedures governing discipline and dismissal, the handling of employee grievances, the recognition of trade unions, and cases of sex or race discrimination. In each of these cases, the rules state the rights and obligations of employers, employees, and others and describe how particular cases of discipline, dismissal, or discrimination will be dealt with. A disciplinary procedure, for example, will specify the circumstances under which the employer is entitled to initiate disciplinary action and a set of rules (to do with the collection and hearing of evidence, the involvement of representatives, the right of appeal, etc.) that determine how a particular disciplinary case will be handled. Procedural rules can be created in a number of different ways. They can be developed unilaterally by managers, negotiated jointly with trade unions, or set down in legal regulations or statutes. For example, a disciplinary procedure may be negotiated by a trade union and govern the treatment of disciplinary cases within a single enterprise. If an employee is dismissed under this procedure, however, and takes a claim for unfair dismissal to an Employment Tribunal, then a second set of procedural rules will come into play, which govern the treatment of such cases in the legal system.

Subjects: Human Resource Management.

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