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Disciplinary action


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Disciplinary action

  1. 1. DISCIPLINARY ACTION Vinayak.T.Achari HRD1310334 MARKETING - I
  2. 2. MEANING • “Discipline” derived from Latin word “DISCIPLINA” means TEACHING,LEARNING & GROWING. • “Discipliné” in French means “DISCIPLE” • Practice of training people to obey rules • a code of behaviour, using punishment to correct disobedience. • Discipline is a course of actions leading to certain goal or ideal.
  3. 3. DEFINITION  ‘ A process of training a worker so that to develop “SELF CONTROL” & become “MORE EFFICIENT” in his task or work’.  ‘ A process which involves the conditioning or moduling of the future behavior of employees by the offer of rewards and penalties.’
  4. 4. OBJECTIVES OF DISCIPLINE • Willing to accept of Rules, Regulations & Procedures of an organization. • To develop a spirit of TOLERANCE & DESIRE to make adjustments. • To impart an element of certainty despite a lots of several indifferences in informal behavior. • To give & seek direction & responsibility. • To increase Workers efficiency.
  6. 6. POSTIVE DISCIPLINE  Refers to REWARDS , APPRECIATION, CONSTRUCTIVE SUPPORT , INCENTIVES & PAYMENTS etc.  Happens when MANAGEMENT applies the Principles of Positive Motivation, when the leadership is efficiently managed.
  7. 7. NEGATIVE DISCIPLINE  Refers to when People are forced / Constrained to OBEY ORDERS.  To perform their tasks in accordance with the Rules & Regulations.  Indulging in ANTI-SOCIAL & ANTI ORAGNISATIONAL Activities. Results in LAY-OFF, SUSPENSION , FINE , RED-LISTING etc.
  8. 8. APPROACHES TO DISCIPLINE • Human Relations Approach- employee is helped to correct his/ her attitude. • Human Resources Approach - dealt by considering failure in the areas of development, maintenance and utilization of human resources; • Group Discipline Approach - groups sets the standards and punishments to individuals • Leadership Approach - superior administers the rules of discipline ,guidelines and trains them. • Judicial Approach - on the basis of legality.
  9. 9. DISCIPLINARY PROCEDURE: • Issuing a Letter or Charge to Employee calling upon him for Explanation. • Consideration of the Explanation. • Show-Cause Notice. • Holding of a Full-fledged Enquiry: steps in domestic enquiry are: preparing and serving the charge-sheet, supervision in grave case, obtaining reply to charge-sheet, selecting enquiry officer, conducting enquiry proceedings, holding of enquiry in free environment, record findings, submitting enquiry officer’s report to the disciplinary authority, decision of the disciplinary authority, communication of the order of punishment. • Considering the Enquiry proceedings and findings and making final order. • Follow Up.
  10. 10. DISCLIPNARY ACTION • Expected to meet performance standards and behave. • A process of communicating with the employee to improve unacceptable behavior or performance. • Corrective measure, aimed at preventing further misconduct or poor performance. • The most common types of disciplinary action are warnings and, in serious cases, dismissal. • To be lawful, disciplinary action or dismissal must be fair and reasonable in all the circumstances (with some limited exceptions). ~The employer must have good reason for the dismissal or disciplinary action & ~The employer must follow a fair process in reaching and implementing its decision.
  11. 11. SHOW CAUSE NOTICE • Also called “an order to show cause • an individual or corporation make a court appearance to explain why the court should not take a proposed action. • A court issues this type of order upon the application of a party requesting specific relief and providing the court with an affidavit or declaration. • A show cause order is generally used in Contempt actions, cases involving injunctive relief, and situations where time is of the essence.
  12. 12. Charge sheet • On the basis of preliminary enquiry or otherwise, the disciplinary authority is satisfied & case exists and decides to take disciplinary action against the employee concerned. • A memorandum of charges or allegations leveled against the employee for the acts of misconduct.
  13. 13. DOMESTIC ENQUIRY • For the smooth functioning of an industry, the defined codes of discipline, contracts of service by awards, agreements and standing orders must be adhered to. • In the event of an employee not complying with these codes of conduct, he is liable to face disciplinary actions initiated by the Management according to the Standing Order. This procedure is called Domestic Enquiry and it is conducted in accordance with the standing order/agreements. • If the explanation submitted by the delinquent employee in reply to the charge-sheet is not found satisfactory, the disciplinary Authority may institute domestic enquiry by appointing an Enquiry Officer (or Enquiry Committee consisting of more than one person) and the Presenting Officer and inform the charge-sheeted employee about the same as shown in Annexures (‘F’ & ‘G’). • The Enquiry Officer would send a Notice of Enquiry as shown in Annexure ‘H’ giving him sufficient time to attend the enquiry.
  14. 14. SUBSISTENCE ALLOWANCE • Subsistence allowance is the payment made to an employee who is kept under suspension pending enquiry/court’s order only, as per CDA Rules, as under : • Payable at the rate of 50% of his basic pay + Dearness Allowance as admissible on such Subsistence Allowance • Compensatory Allowance of which he/she was in receipt on the date of suspension, are also admissible. • If the period of suspension exceeds six months: ~ Due to reasons not directly attributable to the employee, subsistence allowance, is payable at the rate of 75% of his basic pay and allowances thereon. ~ Due to reasons directly attributable to the employee, subsistence allowance is payable at the rate of 25% of his basic pay and allowances thereon.
  15. 15. Continuation.. ~The payment of above subsistence allowance will be subject to a written declaration by the employee concerned that he is not engaged in other employment or business or profession or vocation as well as his observance of the instructions/ advice contained in the order of suspension issued to him. ~ If the suspended employee is found guilty of the misconduct alleged against him or some other misconduct brought out in the course of the enquiry and punishment is awarded, he shall be entitled to such proportion of pay and allowances, only as the competent authority may prescribe. ~ If the suspended employee is found not guilty of the misconduct, he shall be paid the difference between the subsistence allowance already paid and the emoluments consisting of pay and allowances which he would have received if he had not been suspended.
  16. 16. PRINCIPLES OF NATURAL JUSTICE • Its a procedure for taking disciplinary action against any delinquent employee • To hold an enquiry in conformity with the principles of natural justice, ~ The employee proceeded against has been informed clearly of the charges leveled against him; ~ The witnesses are examined ordinarily in the presence of the employee in respect of the Charges;
  17. 17. Continuation… ~ The employee is given a fair opportunity to cross-examine the witnesses; ~ a fair opportunity to examine his own witnesses, including himself in his defence, if he so wishes; ~ The enquiry officer records his findings with reasons for the same in his report.
  18. 18. THANK YOU