Managing Discipline

DISCIPLINE

Objectives of DisciplineWilling acceptance of the rules

Giving Motivating employees to comply with the companies performance standards

directions and responsibility

Thus helping create/ maintain mutual respect and trust between the supervisor and employees

DISCIPLINEA Disciplined employee is

A ConformistA Conformist : he accepts the rules of the game

WillingWilling : he is prepared to work for the objectives of the organization

Co-operativeCo-operative : he maintains a supportive relationship

ProductiveProductive : he channelises his efforts for productive purposes

DISCIPLINEWhy enforcing discipline may not be accepted

Lack of trainingTime LossLack of SupportRationalizationFear of acting aloneLack of appropriate policiesGuiltFear of lawsuits

DISCIPLINEIncorrect way of disciplining

Punitive discipline only

Inadequate clarity

Negative feedback only

Labeling employees, not behaviour

Late intervention

Misplaced responsibility

DisciplineImportant factors to be considered while

analyzing a discipline problem

1. Seriousness, duration, and frequency of the problem2. Employee’s work history3. Extenuating factors4. Degree of induction / orientation5. History of the organization’s discipline practices6. Enough data to support your action

DISCIPLINEGeneral guidelines in administering discipline

1. Make disciplinary action progressive and “positive” rather than punitive

2. Follow the HOT STOVE ruleWarning , Consistent, Immediate, Impersonal

Some tips to rememberIdentify problemEarly interventionClear expectationsFeedbackPositive reinforcementFollow up

DISCIPLINEDiscipline is basically adherence to established norms

and regulations.Compliance with the accepted order

Preventive

Creating those conditions, systems, values and institutions under which one behaves in desirable lines and feel happy about it.

Corrective Action that follows infraction of a rule to discourage

further violation so that future action will be in compliance with standards. Usual action penalty

DISCIPLINARY ACTION

Objectives to reform the offenderto deter others from similar actionsto maintain consistent effective group standards

Indiscipline occurs when there is a violation of rules

Violation of Rules Formal

Informal

Where do the rules originate?

Industrial Employment (Standing Orders ) Act 1946

Applies to organizations having 100 or more workmenDefines service rules duly certified by certifying OfficerIn the absence of any company standing orders-Model

SO

Service rules …… Clearly written well publicized understandable languageViolation of ‘DONTS” in SO is MISCONDUCT

List of misconduct is SO is indicative not exhaustive

DISCIPLINARY ACTION

Employer can take disciplinary action provided he follows the

Principles of Natural Justice

‘Safeguard the position of the person against whom an enquiry is being conducted so that he is able to meet the charge laid against him properly’

Thus no man shall be

Condemned unheard and be the judge in his own causePrinciples of Natural Justice – Principle of NO BIAS

-- Principle of Opportunity

DOMESTIC ENQUIRYManagement’s search for truth about its

employee.

1. Not a legal exercise but an exercise in image building.

Management can show its objectivity, fair play etc.

2. Not to be reduced to a farce or empty formality.3. Proving the ‘guilt’ or ‘charge’ is the responsibility

of the management Chargesheeted employee is presumed to be

innocent till the contrary is proved.

DOMESTIC ENQUIRY (Steps)

Preliminary enquiry

Chargesheet and its service

Explanation and its consideration

Enquiry process

Enquiry officers, management representative

Enquiry notice

Enquiry proper

Enquiry report

Consideration and acceptance of report

Awarding punishment if any

Intervention by Tribunal when

1. There is want of good faith2. There is a victimization or unfair labour practices3. Management has been guilty of a basic error or

violation of principles of natural justice4. The findings are baseless and perverse

Section 11 A

5. Reduce the punishment even if Domestic Enquiry valid

DOMESTIC ENQUIRYPreliminary Domestic Enquiry

1. First step taken although not essential2. Objective whether prima Objective to determine facie case exist whether charges

established

3. Report is the basis for report is the basis for framing charge punishment

4. Not subject to any rules Subject to principles of natural justice

5. Result is not conclusive result is very much conclusive and it decides the fate of employee

Prerequisites to act as Enquiry Officer

1. Should be appointed by competent authority

2. Usually a responsible officer, commanding respect

3. Person with an open mind (not biased) having no personal knowledge of the incident (witness)

4. Preferably he is not subordinate to the officer who is witness to it.

DOMESTIC ENQUIRY (procedure)

Basically observe Principles of Natural Justice - can be held ex-parte if workmen refuses to

participate- Can be assisted by co-workerUnion representation if company rules allow

(court-desirable to allow representative)

Process 1. Record date / time / place of enquiry Persons present and their signature2. Charge/ reply read out / explained If workmen denies DE proceeds Contd.

DOMESTIC ENQUIRY (procedure)

3. Process of enquiry explained to workmen- Management statement- Management produces witness in presence of

delinquent (any document relied upon or produced has to be given in advance)

- witness can be cross- examined by delinquent- Management concludes- Delinquent then produces his evidence / witness- Witness cross-examined by management- Delinquent allowed to make statement after cross-

examination 4. Signature taken on each page

contd.

DOMESTIC ENQUIRY (procedure)

5. No two witness can be present at the same time

6. Language to be used as understood by majority (possibly state language) (Cannot insist or own language)

7. If DE incomplete then continue later mention time , date and place