A Study On Employee Discipline VS Employee Misconduct.

Definitions of   Discipline & Employee Discipline  ? 

• Follow Rules and Regulations of the Organization.
• Follow Express  Terms And Implied Terms of the "Contract of  Employment"

Expressed Terms 

These are the terms specifically stated verbally or in writing in regard to the contract of employment. These are 

• Letter of Appointment.
• Circulars.
• Standing Orders or Code of practises.
• Collective Agreements.

Implied Terms.

These are the terms ,

• Those are not expressly in writing or verbally. but should be known by the employee.
• Applicable from Court Orders 

Behave in the work place orderly and a proper manner for smooth functioning of the work place. Behave outside the work place in such a manner not to bring bad image to the organization and or not to affect the smooth functioning of the organization. 

Types Of  Disciplines 

1. Preventive/ Constructive Discipline- ( PRO-ACTIVE MEASURE)

Employees are encouraged to maintain "self Discipline". Management is responsible to create the environment for the employees to maintain " Self - Discipline" by ,

• Informing / Educating all employees about rules, regulations and standards of the work place.
• Educating the employees on objectives expected from the rules, regulations, and standards.
• Soliciting the cooperation of employees in introducing/ amending rules & regulations and standards and considering the views of the employees.
• Regulations in instructions rather than in orders.

2. Corrective Discipline / Punitive Discipline - (REACTIVE MEASURE) 

The employee who violate the discipline and the other employees are prevented from doing the future violation of discipline through punishment to the employee.

The " HOT STOVE THEORY"  is suitable under this. 

• Warning : Similar to burn the fingers when someone touches the hot stove should be in place be punished who violates discipline.
• Instant Reaction : In touching the hot stove, punishment should be in place for violation of discipline.
• Punishment relevant to the gravity of the offence : Similar to the pain according to the size of the burn, punishment will be according to the gravity of the offence.
• Impersonality: The punishment should be regardless of the status of the person.

The Corrective Discipline is in 2 forms. 

1. Positive Approach 

The punishment is focused on the violation and is not personal. The employee will not be rejected  and only the violation will be rejected.

• Sandwich Model 

An undesirable behaviour is explained/ criticized to the employee in between two good behaviours

• Progressive Discipline - Reformation Approach  

The offender will not be given a harsh punishment at the first time, but attempt will be made to reform the offender by a warning or a small punishment. When the offence is repeated, the employee will be given harder punishments. This model is used to correct the employee under corrective Discipline. 

2. Negative Approach.

The punishment is focused on the employee and is personal. It is presumed that no employee should make mistake. 

Principles Of Discipline 

1. Principles of Natural Justice.
2. Fairness to all parties.
3. Parity.
4. Bona- Fide .
5. Mala- Fide 
6. Requirements to avoid delays .
7. Equity.

Why  IS Discipline Necessary ?

• To correct the behaviour of employees.
• To maintain peace and order in the organization.
• For smooth functioning of the organization.
• To protect the image of the organization.
• For productivity, effectiveness, efficiency, existence, growth and success of the organization. 

What Is Misconduct ? 

The breach of the employment contracts or company rules/ procedures by committing an act which by implications are not tenable with their position as employees.
Misconduct  is an act which is inconsistent with the fulfilment of expressed  or implied conditions of contract of employment. 
Employee Misconduct can be defined as " an act of omission that is in breach of expressed or implied terms and conditions of the employment which has an adverse bearing on the smooth functioning of the organization.

Types Of Misconducts.

There is no fixed rule of law defining the degree of misconduct, which would justify dismissal and such justification, must vary with the nature of the business and position held by the employee. Each must depend on its own facts and circumstances.
Misconduct can be divided in to 2 base on the gravity of the offence.

1. Minor Misconduct 

2. Major Or Gross Misconduct 

Minor Misconduct 

Which are not of a serious nature, but which cumulatively or in particular situation could in fact be grievous offence.

• Unpunctuality.
• Failure to  wear uniforms while on duty.
• Wearing untidy or dirty uniforms.
• Failure to report an accident.
• Failure to maintain essential records.
• Drinking  liquor while on duty.
• Absenteeism.
• Negligence.
• Sleeping while on duty.
• Smoking or chewing betel in work area.

Sleep while on duty 

Smoking while on duty 

 Late Coming 

Major Misconducts.

Which are of such a serious nature, the punishment for which should therefore be severe even for a first or only offence. In such offences, even mitigating circumstances may be disregarded.

• Sexual Harassments.
• Habitual Late attendance.
• Sabotage .
• Abusive Language .
• Theft .
• Assaulting or threatening.
• Go slow.
• Taking or giving bribes.

Assaulting or threatening.

 

 Theft

 Sexual Harassment 

 What is Disciplinary Action ? 

Is a process that invokes a penalty against an employee who fails to meet established standards. Effective disciplinary action focuses on the employee's wrongful behaviour, rather than on the employee as a person. 

Disciplinary action is not usually manager's initial response to a problem. There are more positive ways of convincing employees to adhere to company policies that are important to achieve organizational goals.  Therefore any disciplinary action will apply only to employees conduct in the workplace or to such acts arising out of employment. Whether such at was committed outside work place or outside working hours is immaterial. 

Types Of Punishments.

Punishments for acts of misconducts has to be decided very carefully, since this may badly industrial peace in the establishment.  Past records in previous misconducts and punishments so far imposed should be given due consideration. In deciding the termination it should be more careful to consider all the relevant factors.

• Warning .
• Severe Warning or Last Warning .
• Fines.
• Transfer 
• Deferment of increments or promotion .
• Stoppage of increments or promotion.
• Demotion.
• Compulsory Leave .
• Termination.

 Demotion 

 Termination. 

Theories of Punishments.

1. Preventive Theory 

To prevent the offender and the others from acting in  a similar manner in the future.

2. Reformation Theory .

Aiming to reform the offender through punishment.

3. Retributive Theory 

Negating the offender's wrong by  a punishment.

4. Expiation Theory 

When a conduct which has a material bearing on the employment relationship is immoral , cancel , such conduct by punishment.

Disciplinary Procedure .

1. Preliminary Investigation.

Is exploratory. The management should appoint a reasonable officer to conduct the preliminary investigation. Questioning the suspects individually and record statements by obtaining the signature on all such papers.

2. Charge sheet or Show Cause Sheet 

If existing facts are not conclusive or sufficient evidence is not available , the management can issue a charge sheet cause notice to the accused.  Should specify the chargers made against the employee and it should contain sufficient particulars.

3. Letter Of Explanation.

Whether the letter of explanation received from the employees, the employer should decide whether to accept it or not.

4. Domestic Inquiry

The purpose is to ascertain as to whether or not an  employee is guilty  of an alleged act of misconduct and to decide on the basis of the findings of such inquiry, the punishment if any, that is to be imposed on the employee concerned.

5. Findings./ Inquiry Report 

The inquiry officer should at the earliest available opportunity once the inquiry is over submit a report to the HR manager giving reasons for the conclusion against each charge. The findings must be based on the evidence at the inquiry.

6. Management Decision.

If found guilty the employee needs to be punished and have to take a decision on the type of punishment. The type should be base on the gravity of the offence.

Video 

Conclusion.

Employee Discipline is an very important function in an organization. Disciplinary procedure should be used to correct behavioural or  performance problem that has negatively impact to the organization. Punishments should be taken base on the gravity of the offence.  

References .

1. Mcshane L, Stepthen, organizational Behaviour, 3rd Edition, 2005

2. Luthans, Fred, Organizational Behaviour , 11th Edition, 2008.

3. Jegadeesan ( 2008)  Employee Discipline: Concepts and Issues.

4. Margaret  Mader- Clark, Lisa Guerin, The Progressive Discipline Handbook: Smart Strategies  For Coaching Employees, 1st Edition.

5. James R  Redeker ( 1989) Employee Discipline : Policies and Practices.

6. Frossy Frossy ( 2022) Employee Discipline Log Book 

7.https://study.com/academy/lesson/employee-discipline-in-the-workplace-procedures-principle-quiz.html

8. https://www.economicsdiscussion.net/human-resource-management/employee-discipline/31795#google_vignette

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