1. Managing Discipline

2. 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

3. 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

4. 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

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

6. 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

7. 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

8. 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

9. 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?

10. 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

11. 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

12. 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.

13. 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

14. 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

15. 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

16. 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.

17. 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.

18. 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.

19. 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