DISCIPLINARY ACTION

HUMAN RESOURCE MANAGEMENT

Miss Tahzeeb Sakina Aamir Course advisor:

Group member Besma Ali Aziz Amin Faizan khan Uzma solanki Ahthasham

Executive summary:
Human resource Management is the course title I had during this semester. Besides learning theoretical and practical outlooks of basics of Human resource management, we practiced all the concepts in a broader manner to develop a report on disciplinary action concern with the approaches ,causes ,alternative way provided to employee and procedure followed in Human resource management with the help of conducted research Since we are the students of MBA and belong to working class, we can better understand and interpret the above following concept in Human resource management. It is a brief introduction of how the whole effort has allocated in developing this report. This project shall allow us to learn how we can adopt the following concept and practices to increase efficiency and effectiveness in our human resource skills.

The term report has been completed in allotted time with immense efficiency and best possible output.

DISCUSS THE USE OF DISCIPLINARY ACTION IN MANAGING HUMAN RESOURCES

Every personnel try to give the maximum performance and try to keep the positive behavior at the work places. Disciplinary or corrective action is a process of communicating with the employee to improve unacceptable behavior or performance. HR manager can take the disciplinary action when other system or method fails to give the maximum result like coaching and performance appraisal. Disciplinary action is the best approach to problem-solving in a particular situation. Lets not forget that, since HRM (Human Resource Management) deals with employees it also has to discipline them when they create problems. A disciple learns self-discipline by observing a disciplined teacher. Similarly, employees learn about discipline from their supervisors. DISCIPLINARY PROBLEMS: Common categories of disciplinary problems are attendance, poor performance, or misconduct. Attendance problems include unexcused absence, chronic absenteeism, unexcused or excessive tardiness, and leaving without permission. Poor performance includes failure to complete work assignments, producing substandard products or services, and failure to meet established production requirements. Misconduct includes theft, falsifying employment application, willfully damaging organizational property & punching another employee's time card. An employee not performing up to the agreed upon standards or not following the understood rules is subject to punishment, i.e., disciplinary action. The dirty secret about managing is that most business owners hate to discipline employees who are falling down on the job; they tend to put it off, hoping the problems resolve themselves. But things just get worse. Most entrepreneurs have limited experience getting a positive response when and if they do discipline their employees. Traditionally, slumping workers were simply fired. Maybe the boss went through a scripted "disciplinary procedure" suggested by lawyers to avoid possible wrongful termination lawsuits, but a focus on actually changing employee behavior was rare. DISCIPLINARY ACTION: When a problem occurs, the HR manager and head of department will have to determine the seriousness of the situation and the appropriate response. In making this decision the manager needs to be fair towards the employee. Being thirty minutes late for work the fourth time in two weeks has to be handled differently from being thirty minutes tardy for the first time in two years. An employee should be disciplined because of what he did, not who he is and never because of race, color, gender or anything else. Some factors to consider in making this determination are: Past Record What is the employee like? Is the behavior consistent or inconsistent with past behavior? Intent Did the employee act with intent or was the problem due to carelessness or inattention? Frequency How many times has the problem occurred?

Time Frame Has the problem occurred frequently in a relatively short period of time? Repetition Has a similar or the same problem happened before? How long ago was the previous occurrence?

The three main approaches to discipline employees are:

1) PUNITIVE APPROACH TO DISCIPLINE

Many managers (and parents) believe that disciplinary action is needed to punish a person for failing and punish subordinates who are less than perfect, which, of course is everyone. There is increasing evidence that the punitive approach to discipline instills fear and anger, but not increased productivity or changed behavior punitive discipline, which stresses intimidation and punishment, fails to address the root causes of misbehavior or poor performance; instead it addresses symptoms. For example, under the punitive model, habitually tardy employees may be disciplined without questioning by management, regardless of the reasons for lateness. A purely punitive disciplinary approach attacks outward behavior rather than creating incentives or rewards for positive behavior. Finally, the punitive model assumes the boss is always right when disciplining employees. However, if bosses want to be respected, they must admit to employees that they also make mistakes by dropping the mask of perfection. Under this approach, employees will not be satisfied with the policies & procedures of the organization & will turn out to be like this:

2) PROGRESSIVE DISCIPLINE
Disciplinary treatment in most organizations is progressive, whereby the organization attempts to correct the employee's behavior by imposing increasingly severe penalties for each infraction. Managers also must be aware that certain behaviors demand immediate action. Such violations include fighting, stealing and any other intolerable behaviors a company chooses to list. The usual steps in progressive discipline are: Step 1: -Discussion Verbal discussion in which the supervisor has a face-to-face conference with the employee to discuss problems with work performance or conduct and the need for correction. Step 2:-Assessment If there is little or no improvement after the discussion, the next step is a written assessment. A written warning is more official and summarizes the previous oral attempts. This written feedback is discussed with the employee and then placed in the personnel file for future reference. Step 3:-Suspension The employee will be suspended for five working days without pay. A written record of the suspension is completed by the supervisor in the employee's presence. Step 4:-Termination After step 3, if there is no marked improvement, the employee may be terminated. This progressive discipline model has disadvantages. Management may feel they are obligated to address every performance flaw and assign an appropriate punishment.

 Management may focus solely on the problem employees at the expense of the good performers, thereby consuming too much of a manager's time. The progressive discipline model has two advantages for managers: It allows the employee additional opportunities to correct his performance prior to discharge. They may find out what is wrong with companys work rules and polices which can be changed to make the work environment for their employees more effective.

3) Positive approach to disciplineFortunately, for many managers, disciplining employees can be accomplished with a positive approach. It can even help boost morale and educate employees and managers in the process. The way to view discipline shouldnt be negative but the focus should be on, helping a problem employee grow, and, instantly, what might have seemed a downer becomes a positive for both the manager & the employee. Always approach disciplining an employee with a goal in mind: What behavior do you want the employee to change and how? Ask the employee for suggestions about how s/he expects to do better, but go into any discipline session keeping in mind your own ideas for improvement. What if the employee blows his top and gets belligerent in his self-defense? A good manager expects argument. Its human nature for an employee to get defensive, and a bit of venting is fine. Give him/her some time, listen reflectively, and then go back to your main point, for example: Tom, you've missed these last five deadlines, and we have to find out why and figure out how you're going to meet your future deadlines. Implementing a positive discipline policy can be accomplished without losing control of employee behavior. This approach includes participation as "each employee has the right to correct problems that arise in the workplace and be allowed the time required to return to fully acceptable performance. Each step in the system recognizes this employee right. The first step of positive discipline is an oral reminder, requiring the supervisor to discuss the problem with the employee informally, and remind him to meet performance standards. No handwritten memo notes are placed in the employee's personnel file, thus hopefully serving as an incentive to improve performance. If the performance problem persists, the next step is a written reminder. Another meeting is held with the employee and a written memo of the meeting is placed in the employee's personnel file. At the follow-up session, if there's been forward motion by the employee, don't let it go unnoticed. Let the employee know you are aware of the effort he or she is putting in. Shaping new behavior takes constant, significant attention. If the first two steps fail, the final step of positive discipline is to place the employee on paid leave for a day. The purpose is to give the employee time to reflect on his future. Upon returning to the office, the employee informs the manager of his decision. If positive, manager and employee jointly identify changes to occur. Employees, who are handled using the positive approach to discipline, will turn out to be happier & loyal to their organization.

DISCIPLINARY ALTERNATIVES
When we decided that what disciplinary action should be taken that always keep in mind that the action should be constructive rather then of strict because our goal is to provide the flexible solution to our employee that they improve their standard of performance or they have to meet the criteria which is the need of workplace means (policy set by personnel managers ) ,and the general rule says that we take the employee attention instead of giving them punish ,however we can take the progressive action if there is a repetition ,so the following alternatives can be followed by us incase of misconduct or misbehave etc ORAL WARNING The oral warning should be clear while you give to employee and their should be the impact of that warning on employee it is not in informal manner, so the employee have the complete right for representation to justify it if he feel that he is right, be specified towards employee that the following behavior and performance is unaccepted by the environment, remind the employee about the standards maintain by organization ,it is better if it is in black and white ,note the oral warning on your calendar WRITTEN WARNING If oral warning goes fail and there is a consistency of previous behavior which is not accepted by you area then issue the written warning but keep in mind that you would not be stuck on issuing it again and again ,the stated should be clear in letter and also mention the rule which is not follow by him , and mention all the previous avoided policy by employee and if employee does not demonstrate or immediate action on his behavior or performance then strict disciplinary action should be taken like (dismissal) , and we have must have all the database of it as a proof SUSPENSION WITHOUT PAY Another alternative taken after warning letter is suspension without pay in progressive discipline ,normally theirs suspension is about of one day or ten working day basically the suspension without payment is on the bases of policy or contract requirement , This all are the action against persistence in previous behavior, performance, impact of that problem on environment .consequence of failure to improve, but employee has a right to appeal on the next higher management level, consult with the employee relation specialist while taking this action REDUCTION OF PAY WITHIN A CLASS Basically this alternative normally use when we dont want to remove the employee from the workplace but the seriousness is the need of environment and this one is so popular alternative and we take action against chronic absenteeism and delay, the reduction of

pay is for particular time period mention in the letter till the seriousness occurs, this letter is same as the suspension letter. DEMOTION TO A LOWER CLASSIFICATION This is most appropriate and involves the movement from upper to lower classification that will be the result of lack of performance expected by employer rather then violation of work rule and it is quite similar with the reduction of pay, suspension without pay.

Dismissal
This alternative is normally selected after performance counseling and progressive discipline have failed to get the employee's attention to the problem. In extreme cases, such as job abandonment, theft, or an act that endangers others, the offense may be so grave that progressive discipline is not necessary Remember that the purpose of disciplinary action is to turn performance around by continuing to identify problems, causes, and solutions. If you can accomplish it in a positive and constructive way, you will send a message that you are out not to punish, but to help the employee become a fully productive member of your work unit.

SEVEN TESTS OF JUST CAUSE

The University's personnel policies and collective bargaining agreements refer to disciplinary or corrective action as a consequence of an employee's misconduct or failure to perform satisfactorily. They do not provide a definition of just or proper cause for taking such action. Over the years, the opinions of arbitrators in discipline cases have established a set of guidelines or criteria to be applied to the facts of each case, commonly known as the Seven Tests of Just Cause. 1. REASONABLE RULE OR WORK ORDER. Is the rule or order reasonably related to the orderly, efficient, and safe operation of the business?

Is the rule or instruction straightforward and stated in language that is easy to understand? Have you been consistent and unbiased in applying the rule or standard? Is it applied consistently throughout your department? What is your department's discipline record for violation of this rule or standard?

2. NOTICE:. Did the employee receive adequate notice of the work rule or performance standard and the possible consequences of failure to comply?

Is the violated work rule or performance standard published? Is it up to date and relevant to the business needs of your unit?

How was the employee made aware of it (bulletin board, desk manual, staff meeting notes, prior oral or written communication, employee's job description card, written standards)? What evidence do you have that the employee is aware of it, and understands it (new employee orientation, signature on a routing slip)? Has this issue been raised in performance appraisals or previous disciplinary actions? If so, how recently? Have you reviewed the employee's personnel file? Prior notice may not be necessary in cases of serious misconduct such as theft, insubordination, or job abandonment.

3. SUFFICIENT INVESTIGATION. Did you conduct an investigation before making a decision about taking disciplinary action?

Why do you suspect that a work rule violation or performance discrepancy occurred? Can the employee perform the task? Is there a history of successful performance, or could the employee need additional training? Are there witnesses other than you? List others who may have knowledge of the issue through involvement or as witnesses (supervisors, employees, clients). Interview them and take notes. Are there written records pertinent to the case in your department or elsewhere on campus? Should in-house records be secured under lock and key during the investigation? Are there written processes or procedures which have a bearing on the case? Is there equipment that should be examined by you or experts? Do you need to call Internal Audit or the Campus Police? If you suspect misappropriation of University resources, you should immediately contact Internal Audit and your Employee Relations Specialist. Your own investigation will proceed, but other offices may provide information which becomes part of your evidence.

4. FAIR INVESTIGATION:. Was your investigation fair and objective?

How long ago did the alleged infraction occur? (Unnecessary delays may send a message that you don't consider the infraction to be serious.) If you think you already know what happened, have you looked only for evidence to support your theory? Should you conduct the investigation, or are you too close to what happened to be objective? Should the employee remain on the work site during the investigation? (Do you fear sabotage, or is the employee a threat to others?) Have you made every effort to reconcile conflicting statements or other conflicting evidence? Are you prepared to discard what you cannot validate? Have you given the employee a chance to appear with a representative, to tell his side of the story and respond to the evidence you have gathered?

5. PROOF.: During your investigation, did you find proof of misconduct or of a performance discrepancy?

What conclusions are clearly supported by the evidence you gathered? Remember that evidence must be truly substantial, not flimsy or slight, to form a basis for taking disciplinary action.

6. EQUAL TREATMENT. Have you dealt with your employees equally, without discrimination?

Are work rules applied consistently? Are all employees held accountable for the performance standards established for their positions? Have similarly situated employees (similar records and infractions) received the same discipline? What is your department's record for taking disciplinary action for this type of infraction? What is the campus' record? (Explore this with your Employee Relations Specialist.)

7. APPROPRIATE DISCIPLINE. How do you decide what's appropriate?

Is the discipline you propose to take reasonably related to the seriousness of the problem? (Did the violation pose serious safety problems or create work flow disruptions for the department?) Is it reasonably related to the employee's record (length of service and overall performance)? Is this violation part of a pattern? Do you have the authorization to take this action, or should you have it reviewed by the next level of management? A minor infraction does not merit harsh discipline unless it is a repeat occurrence by the employee. Given the same violation for two or more employees, their respective records of service provide the only basis for administering different disciplinary actions without being subject to a charge of discrimination. What personnel program is the employee part of (AFSCME contract, PPSM)?

PURPOSE The purpose of a disciplinary code and procedure is to regulate standards of conduct and incapacity of employees within a company or organization. The aim of discipline is to

correct unacceptable behavior and adopt a progressive approach in the workplace. This also creates certainty and consistency in the application of discipline.

PARTIES OBLIGATIONS The employer needs to ascertain that all employees are aware of the rules and the reasonable standards of behavior that are expected of them in the workplace. The employee needs to comply with the disciplinary code and procedures at the workplace. The employee also needs to ensure that he/she is familiar with the requirements in terms of the disciplinary standards in the workplace. COUNSELING VERSUS DISCIPLINARY ACTION There is a difference between disciplinary action and counseling. Counseling will be appropriate where the employee is not performing to a standard or is not aware of a rule regulating conduct and/or where the breach of the rule is relatively minor and can be condoned. Disciplinary action will be appropriate where a breach of the rule cannot be condoned, or where counseling has failed to achieve the desired effect. Before deciding on the form of discipline, management must meet the employee in order to explain the nature of the rule s/he is alleged to have breached. The employee should also be given the opportunity to respond and explain his/her conduct. If possible an agreed remedy on how to address the conduct should be arrived at. Rationale of the Policy In order to maintain peace and harmony inside the workplace, employers and employees must follow the company rules and regulations and work related standards as approved by the Ministry of Labor. Any violation for such rule will result to a disciplinary action. Disciplinary measures will only be applied once the employee has been proven to intentionally commit any offense enumerated in the company Rules and Regulations or has not meet the work standard of the respective section where they belong despite of the continuous effort exerted by the Supervisor to train the worker. All the disciplinary measures that will be applied will be in proportion to the seriousness of the employees offense.

PROCEDURES
All disciplinary measures will be applied based on the Cambodian Labor Law. Procedures are as follows: 1. INFORMAL VERBAL WARNING.

Any minor offense related to violation of company rules or working standard should merit an informal warning by the respective supervisor. This will be considered as advice for improvement rather than be treated as disciplinary action. 2. FORMAL VERBAL WARNING. This will be in writing after the employee has committed the same mistake despite of the previous warning given. If the mistake is production related, the Supervisor should ask the worker for retraining before sending back to the regular production line. If the mistake is related to company rules and regulation, the HR will re-orient the employee regarding the Company Policy. The Supervisor should inform the HR to issue the confirmation of the warning to the employee. 3. FORMAL WRITTEN WARNING. If despite of the 2 verbal warnings and training conducted to correct its mistake, the employee still has not shown any improvement, the Supervisor will hold a meeting with the worker in the HR office and will issue the warning in the presence of the union or workers representative and the HR Department Head. This warning will be effective for 6 months. The employee will be given the right to appeal in this situation. 4. PRE-DISMISSAL WARNING. Despite the efforts and the chances for improvement given to the said employee, the employee still show no improvement at all the HR will issue upon the recommendation of the Supervisor and Production Manager the final Warning before dismissal. This warning will be served in the presence of the Union representative and a copy will be furnished to them for their future reference. The right to appeal is allowed within 5 days from the date the letter has been served. 5. DISMISSAL. After being served the previous disciplinary measures yet the employee still persist on committing the same mistake, the Supervisor will inform in writing the HR with the approval of the Production Manager and General Manager a request for dismissal for the said employee. The dismissal letter will be served by the HR Head in the presence of the Union representative and employee. All wages and any benefits due will be given after the dismissal letter has been served. No right to appeal will be given. SERIOUS MISCONDUCT The Company will issue an automatic dismissal letter to employees who have been proven to commit serious misconduct based on the Cambodian Labor Law. After concrete proof to the employee concerned in the presence of the Labor representative, the employee will be dismissed without any chance for appeal. The following are the list of serious misconduct based on Labor Law Art. 83B, 330, 337 and AC awards 18/04, 22/04

1. Cheating the employer 2. Committing fraud against the employer, sabotage, refusal to comply with the terms of the employment contract, or breaching of professional confidentiality 3. Serious breaches of disciplinary, safety and health rules 4. Threats, abusive language or assault against the employer or other employees 5. Encouraging other employees to commit serious offenses 6. Political propaganda, activities or demonstrations at the workplace without approval from the management 7. Committing violent acts during the strike 8. Failing to return to work, without valid reason, within 48 hours of the court making an order to return to work.