2 DISCIPLINE Objectives of Discipline Willing acceptance of the rules Giving Motivating employees to comply with the companies performance standardsdirections and responsibilityThus 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 gameWilling : he is prepared to work for the objectives of the organizationCo-operative : he maintains a supportive relationshipProductive : he channelises his efforts for productive purposes
4 DISCIPLINE Why enforcing discipline may not be accepted Lack of trainingTime LossLack of SupportRationalizationFear of acting aloneLack of appropriate policiesGuiltFear of lawsuits
5 DISCIPLINE Incorrect way of disciplining Punitive discipline only Inadequate clarityNegative feedback onlyLabeling employees, not behaviourLate interventionMisplaced responsibility
6 DisciplineImportant factors to be considered while analyzing a discipline problemSeriousness, duration, and frequency of the problemEmployee’s work historyExtenuating factorsDegree of induction / orientationHistory of the organization’s discipline practicesEnough data to support your action
7 DISCIPLINE General guidelines in administering discipline Make disciplinary action progressive and “positive” rather than punitiveFollow the HOT STOVE ruleWarning , Consistent, Immediate, ImpersonalSome tips to rememberIdentify problemEarly interventionClear expectationsFeedbackPositive reinforcementFollow up
8 DISCIPLINE Preventive Corrective Discipline is basically adherence to established norms and regulations.Compliance with the accepted orderPreventiveCreating those conditions, systems, values and institutions under which one behaves in desirable lines and feel happy about it.CorrectiveAction 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 offenderto deter others from similar actionsto maintain consistent effective group standardsIndiscipline occurs when there is a violation of rulesViolation of Rules FormalInformalWhere do the rules originate?
10 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 SOService rules …… Clearly writtenwell publicizedunderstandable languageViolation of ‘DONTS” in SO is MISCONDUCTList of misconduct is SO is indicative not exhaustive
11 Principles of Natural Justice DISCIPLINARY ACTIONEmployer can take disciplinary action provided he follows thePrinciples 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 beCondemned unheard and be the judge in his own causePrinciples 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 managementChargesheeted employee is presumed to be innocent till the contrary is proved.
13 DOMESTIC ENQUIRY (Steps) Preliminary enquiryChargesheet and its serviceExplanation and its considerationEnquiry processEnquiry officers, management representativeEnquiry noticeEnquiry properEnquiry reportConsideration and acceptance of reportAwarding punishment if any
14 Intervention by Tribunal when There is want of good faithThere is a victimization or unfair labour practicesManagement has been guilty of a basic error or violation of principles of natural justiceThe findings are baseless and perverseSection 11 A5. Reduce the punishment even if Domestic Enquiry valid
15 DOMESTIC ENQUIRY Preliminary Domestic Enquiry 1. First step taken although notessential2. Objective whether prima Objective to determinefacie case exist whether charges established3. Report is the basis for report is the basis forframing charge punishment4. Not subject to any rules Subject to principles of natural justice5. Result is not conclusive result is very muchconclusive and it decidesthe fate of employee
16 Prerequisites to act as Enquiry Officer Should be appointed by competent authorityUsually a responsible officer, commanding respectPerson 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 Justicecan be held ex-parte if workmen refuses to participateCan be assisted by co-workerUnion representation if company rules allow (court-desirable to allow representative)ProcessRecord date / time / place of enquiryPersons present and their signatureCharge/ reply read out / explainedIf workmen denies DE proceedsContd.
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 delinquentManagement concludesDelinquent then produces his evidence / witnessWitness cross-examined by managementDelinquent allowed to make statement after cross-examination4. Signature taken on each pagecontd.
19 DOMESTIC ENQUIRY (procedure) 5. No two witness can be present at the same time6. 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