Managing Discipline

DISCIPLINE Objectives of Discipline Willing 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

DISCIPLINE A Disciplined employee is A Conformist : he accepts the rules of the game Willing : he is prepared to work for the objectives of the organization Co-operative : he maintains a supportive relationship Productive : he channelises his efforts for productive purposes

DISCIPLINE Why enforcing discipline may not be accepted Lack of training Time Loss Lack of Support Rationalization Fear of acting alone Lack of appropriate policies Guilt Fear of lawsuits

DISCIPLINE Incorrect way of disciplining Punitive discipline only Inadequate clarity Negative feedback only Labeling employees, not behaviour Late intervention Misplaced responsibility

Discipline Important factors to be considered while analyzing a discipline problem Seriousness, duration, and frequency of the problem Employee’s work history Extenuating factors Degree of induction / orientation History of the organization’s discipline practices Enough data to support your action

DISCIPLINE General guidelines in administering discipline Make disciplinary action progressive and “positive” rather than punitive Follow the HOT STOVE rule Warning , Consistent, Immediate, Impersonal Some tips to remember Identify problem Early intervention Clear expectations Feedback Positive reinforcement Follow up

DISCIPLINE Preventive Corrective Discipline 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 offender to deter others from similar actions to 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 workmen Defines service rules duly certified by certifying Officer In the absence of any company standing orders-Model SO Service rules …… Clearly written well publicized understandable language Violation of ‘DONTS” in SO is MISCONDUCT List of misconduct is SO is indicative not exhaustive

Principles of Natural Justice 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 cause Principles of Natural Justice – Principle of NO BIAS -- Principle of Opportunity

DOMESTIC ENQUIRY Management’s search for truth about its employee. Not a legal exercise but an exercise in image building. Management can show its objectivity, fair play etc. Not to be reduced to a farce or empty formality. 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 There is want of good faith There is a victimization or unfair labour practices Management has been guilty of a basic error or violation of principles of natural justice The findings are baseless and perverse Section 11 A 5. Reduce the punishment even if Domestic Enquiry valid

DOMESTIC ENQUIRY Preliminary Domestic Enquiry 1. First step taken although not essential 2. 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 Should be appointed by competent authority Usually a responsible officer, commanding respect Person with an open mind (not biased) having no personal knowledge of the incident (witness) 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-worker Union representation if company rules allow (court-desirable to allow representative) Process Record date / time / place of enquiry Persons present and their signature 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