Managing Discipline

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Managing Discipline
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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

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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

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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

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DISCIPLINE

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

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Discipline

• Important factors to be considered while
  analyzing a discipline problem
• Seriousness, duration, and frequency of the
  problem
• Employees work history
• Extenuating factors
• Degree of induction / orientation
• History of the organizations discipline
  practices
• Enough data to support your action

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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

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DISCIPLINE

• 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

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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?

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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

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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

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DOMESTIC ENQUIRY

• Managements 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.

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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

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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

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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

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Prerequisites to act as Enquiry Officer

1. Should be appointed by competent authority
2. Usually a responsible officer, commanding respect
3. Person with an open mind (not biased) having no
   personal knowledge of the incident (witness)
4. Preferably he is not subordinate to the officer
   who is witness to it.

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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.

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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.

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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