Policy on Disciplinary Practices

8/14/2019 Policy on Disciplinary Practices

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Discipline is generally administered

when an employee violates company

policy or falls short of work

expectations.Members in an organization need to

respect the rules & agreement that

govern the organization.


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Type of Discipline

Type Positive/ Self-discipline

Negative

Employees willinglyabide by rules which

they consider fair

Management hasto exert pressureor hold out threat

Techniques Positive motivationalactivities viz. praise,

participation &

incentive pay

Imposingpenalties


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When the pressure become increasingly severe

it is called progressive or corrective discipline,

it progress thru a series of stepsClarifying- verbal

discussions

Written contract signed by the person

being disciplined

Time off with or without pay

Termination


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Essentials of good disciplinary system

Knowledge of rules

Prompt action

Fair action

Well defined procedure

Constructive handling of disciplinary action


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Hot stove rule of

disciplineThe burn is immediate

He had warning- stove was red hot

The effect is consistent- everyone whotouches it

The effect is impersonalThe effect is commensurate- person who

repeatedly touches the hot stove get more

severe burns than the one who has touched it


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Kinds of Punishment

Oral warning

Written warning

Loss of privileges

Fines

Punitive suspension

Withholding of incrementsDemotion

Discharge

Dismissal

Minor punishments

Majorpunishments


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The Industrial Employment

(Standing Orders) Act, 1946

An act which requires employers in

industrial establishments formally to define

conditions of employment under them.


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The acts extends to the whole India

It applies to every industrial

establishment wherein one hundredor more workmen are employed orwere employed on any day of the

preceding twelve months.

Extent & Application.


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Certification of

standing ordersOn receipt of the standing orders draft thecertifying officer(labor commissioner) forwards acopy to the trade union together with a noticerequiring objections, which has to be submittedback to him within 15 days from the receipt of thenotice

After receiving the draft back from the trade

union the certifying officer decides whether or notany modification or addition to the draft has to bemade

The certifying officer shall thereupon certify the

draft standing orders after making modification ifany and within 7 days thereafter send copies to


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Model standing orders Classification of workmen

Permanent- a workman who has been engaged on apermanent basis and includes any person who has satisfactorilycompleted the probationary period

Probationer- a workman who is provisionally employed to fill apermanent vacancy in a post and has not completed his probation

period.

Temporary- a workman who has been engaged for work whichis of an essentially temporary nature likely to be finished within alimited period

Casual- workman whose employment is of casual nature

Apprentice- learner who is paid an allowance during the periodof his training


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Ticket

Publication of working time

Publication of holidays & pay days

Publication of wage rates

Shift working

Notice of changes in shift working

Attendance & late coming

Leave

Casual leave

Payment of wages

Stoppage of work

Termination of employment


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Disciplinary action for misconduct

Following acts & omissions shall be treated asmisconduct

a. Willful insubordination/ disobedience, whetheralone or in combination with others to anylawful & reasonable order of a superior

b. Theft, fraud or dishonesty in connection with theemployers business or property

c. Willful damage to or loss of employers goods orproperty

d. Taking or giving bribes or any illegalgratification

e. Habitual absence without leave or absence

without leave for more than 10 days


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g. Habitual breach of any law applicable to theestablishment

h. Riotous or disorderly behavior during workinghours at the establishment or any act subversiveof discipline

i. Habitual negligence or neglect of work

j. Frequent repetition of any act or omission forwhich a fine may be imposed to a maximum of2% of wages in a month

k. Striking work or inciting others to strike work in

contravention of the provision of any law, or therule having the force of law.

l. Drunkenness, fighting or riotous, disorderly orindecent behavior while on duty at the place of

work


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m. Smoking underground or in place where it is prohibited

n. sleeping on duty

o. Malingering or slowing down work

p. Acceptance of gifts from subordinate employees

q. Conviction in any court of Law for nay criminal offence

involving moral turpituder. Giving false information regarding ones name, age

fathers name, qualification or previous service at thetime of the employment

s. Leaving work without permission or sufficient reason

t. threatening, abusing or assaulting any superior or co-worker

u. Habitual money landing


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v. Refusal to accept any chargesheet or order ornotice communicated in writing

w. Disclosing to any unauthorized person of anyconfidential information in regard to the working orprocess of the establishment which may come intothe possession of the workman in the course of his

work

x. Failure or refusal to wear or use any protectiveequipment given by the employers


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Principles of Natural Justice

I. The worker charged should be given anopportunity to present witnesses of his ownchoice on whom he relies

II. The worker should be given the right to cross-

examine managements evidenceIII. The evidence of the management should be

taken in workers presence

IV. No material should be used against the worker

without giving him an opportunity to explain

V. The enquiry against the worker should be fair &conducted by any impartial person

VI. The punishment awarded should not be out of


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Procedure of takingdisciplinary action

Preliminary Investigation

Issue of chargesheet

Suspension pending enquiry, if

needed

Notice of enquiry

Worker mayagree

Award

Worker may not agree

Minor offence Major offence

Hold enquiry


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Conduct of enquiryWho should be the enquiry officer

How to proceedOrder of examining witness

Recording of findings by the enquiryofficer

Awarding punishment based on findings, past record

of employee, gravity of misconduct

Communication of punishment


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ThankYou

Policy on Disciplinary Practices

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