DISCIPLINARY SYSTEMS AND TERMINATION OF SERVICE TOPIC 8: DISCIPLINARY SYSTEMS AND TERMINATION OF SERVICE

What is ‘discipline’? “The practice of training people to obey rules or a code of behavior, using punishment to correct disobedience”.

A disciplinary system Every employer needs a disciplinary system. Without discipline, organisations cannot achieve their goals.

Disciplinary systems have to be fair. Why?

Penalties in the DS Oral warning  First written warning  Final written warning  Suspension without pay  Demotion or downgrading  Dismissal All these penalties must be applied only when the employer is satisfied that the worker is guilty of misconduct. So, facts related to the workers wrongdoings must be checked out first.

When drafting the terms & conditions of employment, employers need to consider including a clause setting out the penalties that may be imposed in case the employee is guilty of misconduct.

How to deal with problematic employees? Transfer of employees; A lateral move to a different department or section Relocation to a different place An internal move to a different job at the same level. A move from one organisation to another organisation within a group of companies.

Does the employer have the right to transfer employees? Yes! However, it must be for business reasons and not the detriment of the employee. Normally, the cost of transfer is on the employer.

Promotion of employees Promotion is the re-assignment of an employee to a job at a higher level in the organisation.

Handling grievance Grievance = dissatisfied + unproductive worker List 5 causes of employee grievance;

What causes grievance? Broken promises by the employers Inequitable pay & benefits Sexual harrassment Dangerous / uncomfortable working environments Unfair disciplinary actions

How to handle grievance? Must be settled ASAP A time limit may help Managers must remain cool and calm Listening skills is important Take the proper action!

Absenteeism of employees

Absenteeism of employees Absent = not at work Lateness = may lead to absence! Wages are only for ‘work done’. Employers may not pay if the worker was absent!

Termination of employment Voluntary Dismissed

Voluntary termination of employment Voluntary = resign on his/her own decision. Reasons for resignation?

Why do people resign? Returning to studies Resignation Emigration Starting own business Returning to studies Staying home to look after dependants Joining another organisation

Resignation Employees must give written notice of his intention to resign The Act makes it clear that notice shall be; > 4 weeks, if the worker has worked < 2years > 6 weeks, if worker has worked > 2 years > 8 weeks, if worker has worked > 5 years. Applies to both employer & employee

Dismissal

Can employers simply dismiss an employee?

Employers CANNOT simply dismiss workers as they please.

However, Employers may; Dismiss without notice, Downgrade, Impose any other lesser punishment as they deem fit and just, After investigations of misconduct by the employee.

Dismissal Worker files written claim at nearest Industrial Relations Dept. within 60 days of dismissal Meeting(s) held between employee and the ex-employer, facilitated by an officer of the Industrial Relations Dept. Dispute is settled when employer reinstates employee, or employee withdraws claim or employer agrees to pay compensation to employee for loss of employment, OR Bring forward to the Industrial Court

The Industrial Court http://www.mp.gov.my/index.php/en/

Retrenchment In your team, Find out what is ‘retrenchment’. Why do employers conduct retrenchment exercises?