LESSON 12: EMPLOYEE DISCIPLINE

COURSE OUTLINE 12.1 Definition of Discipline 12.2 Objectives/Importance of Discipline 12.3 Types of Discipline 12.4 Disciplinary Approaches

OBJECTIVES OF THIS LECTURE Upon completing this chapter student should be able to:- Define the concept of discipline Describe the categories of difficult employees Describe the disciplinary process Describe the approaches to improve discipline

12.1 DEFINITION OF CONCEPTS Discipline is management action to encourage compliance with the organisations’ standard Disciplinary problems mean that employee behave or act that against employer’s rules and procedures which can effects his/her job performance. Disciplinary process is a process of monitoring, supervising or improving employees behaviour to improve employees job performance. Disciplinary action –the invoking of a penalty against an employee who fails to meet organisational standard or comply with organisational rules

12.2 OBJECTIVES To establish equitable set of guidelines and procedures for the administration and resolution of misconduct for all employees To establish relevant disciplinary procedure To encourage, promote and regulate discipline in the organization

12.3 TYPES OF DISCIPLINARY PROBLEMS 1. Ineffective employee those whose quality or quantity of work is unsatisfactory, owing to lack of abilities, training or motivation. 2. Problems employees those whose personal problems off the job begin to affect their productivity on the job. This problems can include alcoholism , drugs addicted or family problems

Cont… 3. Misconduct employees those who violate laws or engaged in various illegal acts while on the job by such behaviour as stealing from the organisation, misuse company facilities or disclosed trade secrets. 4. Rule violators those who consistently break company rules and do not respond to supervisory reaction. Such as rule prohibiting sleeping on the job , fighting at work , coming in late or abusing the supervisor.

12.4 APPROACHES TO DISCIPLINE Hot Stove Approach Progressive discipline Positive discipline

Cont… 1. Preventive approach (The hot-stove rules) is action to encourage employees to follow standard and rules so that misconduct are prevented. immediate action and action should be taken immediately after the violation to give reason. Develop programs to control misconduct or grievances Communicate with employees to set and follow the standard and rules Encourage employee participation in setting standard and rules

Cont… Hot Stove Approach should have the following consequences: 1. Provides warning – extremely important to provide advance warning that punishment will be taken due to unacceptable behavior (As you move closer to hot stove, you are warned by its heat that you will be burned if you touch it) 2. Burns immediately – punishments must occur immediately so that the individual will understand the reason for it (As with the hot stove when we touch it, our hand burns immediately) 3. Gives consistent punishment – it should be consistent whereby anyone who performs the same act will be punished the same way (As with a hot stove, each person who touches it is burned the same) 4. Burns impersonally – it should be impersonal without favoritism (As with hot stove when we touch it, it burns everyone's hand without any bias)

Cont… 2. Corrective approach An action that follows a rules infraction or misconduct. Also known as disciplinary action without punishment where the employee gives a worker time off with pay to think about whether he/she really wants to follow the rules and continue working for the company. It seeks to discourage further infraction or misconduct an ensure future compliance with standard Corrective or disciplinary action is penalty, such as warning, or suspension without pay.

Cont… When an employee violates a rule, the manager issues an oral “reminder”. Repetition brings a written reminder. third violation results in the worker having to take one, two or three days off to think about the situation. upon return the worker and supervisor meet to agree that the employee will not violated the rule again or that the employee will leave the firm ( all rules be explicitly stated in writing). PAD254 Saturday, April 15, 2017 12

Cont… Focus on fact-finding and guidance to encourage desirable behaviors instead of using penalties to discourage undesirable behaviors. Steps in Positive Discipline: Counseling – opportunity to identify employee work behavior problems and discuss solutions. Written Documentation – If the counseling fails to change, a second meeting is conducted and solution is documented. Final Warning – If no improvement, a final meeting is held and emphasizes on correcting inappropriate actions. Dismissal – If problems still persists after final warning, then dismissal actions is taken.

Cont… 3. Progressive approach a stronger penalty for repeated offences. The purpose is to give an employee an opportunity to take corrective action before more serious penalties are applied. The steps involves further infraction build up to stronger disciplinary lay off, leading finally to discharge or terminate the employee. penalty imposed appropriate to the stages of the offences/ violation

Cont… System of discipline that focuses on the early correction of employee misconduct, with the employee taking total responsibility for correcting the problem Cooperative environment – discussion & problem solving between employee & supervisor Solution & affirmation are jointly reached

Cont… Oral warning given First written warning issued Final written warning issued Suspension without pay Demotion or downgrading Dismissal PAD254 Saturday, April 15, 2017 16

Cont… Advantages Employees know where they stand regarding offences Employees know what improvement expected of them Employees understand what will happen if no improvement is made PAD254 Saturday, April 15, 2017 17

DISCIPLINARY ACTION Disciplinary action is taken by management due to disciplinary problems . Due process is required by court of law , arbitrator and unions. Due process - means established rules and procedures for disciplinary action are followed and employees have an opportunity to respond to the charges made against them. Whether the process is legally justified Whether the disciplinary action was handle fairly

WHY DISCIPLINE MIGHT NOT BE USED Organizational Culture Regarding Discipline If the norms is to avoid penalizing problem employees, then managers more likely not to use discipline Lack of Support Managers fear that their decisions will not be supported by higher management. Feel Guilty Prior to become a manager, they themselves commit the same violations as their

Cont… Loss of Friendship managers who are too friendly with their employees may fear losing those friendship if discipline is used. Time Loss Discipline when properly applied, requires considerable time and effort. Managers tries to avoid the process Fear of Lawsuits Managers are increasingly concerned about being sued for disciplining someone particularly in dismissal.

Termination of Service 1. Resignation EA Sec 12 – a contract to employ and to serve may be terminated by either party by giving the other party a 4 weeks notice if work for less than 2 years 6 weeks notice if work for more than 2 years but less than 5 years 8 weeks notice if work for more than 5 years’ Termination of contract may be done without notice and indemnity if due to breach of terms of contract. 2. Retirement Leaving an organization voluntarily upon reaching certain age. Some organizations provides for retirement benefits, such as pensions. Others may just have to depends on EPF.

Termination of Service (cont…) 3. Dismissal Unsatisfactory Performance - negative attitudes, absenteeism, wastage, etc Misconduct - theft, insubordination, fighting, etc Lack of Qualifications - unable to complete tasks assigned even after training Changes in the Requirements of the Job - changes in technology, work process, redundant, restructuring

Termination of Service (cont…) 4. Retrenchment a non-disciplinary terminations and can only be done due to business or economic reasons. Sec 60M – No local employee can be terminated for the purpose of employing foreign employee Sec 60N – the employer shall not terminate the services of a local employee unless he has first terminated the services of all foreign employees employed by him in a capacity similar to that of a local employee

THE LEGAL ASPECT OF INDUSTRIAL DISCIPLINE Principle of Natural Justice (PNJ) The rule of PNJ ensure fairness & impartiality through governing the manner of arriving at decisions by judicial process. 2 essential elements in PNJ are: The rule against bias Hearing of both sides Any person or body exercising judicial or quasi-judicial functions fails to observe the rules of PNJ, its orders or decisions would be liable to be quashed on certiorari by the superior court.

Principle of Natural Justice (PNJ) The rule against bias It requires the adjudicator not only to be impartial & neutral, but also to appear to be above board. Bias Due to Pecuniary Interest – interest relating to money Bias Due to Personal Interest – family relationship, grudges Bias Due to Official Interest This principle is based on twin requirements: No man should be a judge in his own cause Justice must not only be done, but be seen to be done

Principle of Natural Justice (cont…) The Rule of Hearing Both Sides This rule is expressed through Latin maxims: Audi alteram partem - hear the other side Audiatur el altera pars - no man should be condemned unheard. Any party involves in the proceeding should be given prior notice and opportunity to be heard The adjudicator should receive all relevant material which a party wishes to produce in support of its case All evident should be taken in his presence Each party be given opportunity to rebut and cross examine

EMPLOYEE DISCIPLINE IN THE PUBLIC SECTOR All Civil servants in the public sector are subject to General Orders (Perintah Am). The General Orders outline several rules and regulation on the principles of disciplinary control such as : BAB D : Involvement of Civil Servants on Politics.

TUTORIALS Explain the categories of employee problems in an organization. Describe the procedures that should be practiced in terminating an employee. What is due process?

SEE YOU AGAIN NEXT LECTURE LESSON 13: SAFETY AND HEALTH AT WORK