DISCIPLINE

DISCIPLINE

Objectives of Discipline
Motivating employees to comply with the
companies performance standards
Giving directions and responsibility
Thus helping create/ maintain mutual
respect and trust between the
supervisor and employees

DISCIPLINE

Incorrect way of disciplining

Inadequate definition
Labeling employees, not behaviour
Late intervention
Why discipline may not be implemented
Lack of training
Time Loss
Lack of Support
Rationalization
Fear of acting alone
Lack of appropriate policies
Fear of lawsuits

DISCIPLINE
Some of the important factors to be considered while
analyzing a discipline problem
1.
2.
3.
4.
5.
6.

Seriousness, duration, and frequency of the problem

Employees work history
Extenuating factors
Degree of orientation / induction
History of the organizations discipline practices
Enough data to support your action

DISCIPLINE

General guidelines in administering

discipline
1. Make disciplinary action progressive
and positive rather than punitive
2. Follow the HOT STOVE rule
Warning , Consistent, Immediate,
Impersonal

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

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 rules
Informal rules

Where do the rules originate?

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

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

DOMESTIC ENQUIRY
Managements search for truth about its employee.
1.
2.
3.

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.

Section 2A
Any dispute arising out of discharge,
dismissal, retrenchment or termination
shall be deemed to be an ID
Not withstanding that no other
workman or union is party to dispute.
Individual workman can raise an ID

Section 11A
What kind of relief can the LC/T/NT provide in
case of discharged or dismissed workman
Set aside the order
Direct reinstatement
Award lesser punishment

LC/IT/NT should rely only on materials on

record
Interference by IT is only justified when
Unfair enquiry
Findings arrived at are perverse, have no basis in
evidence
Victimizing, Unfair Labour Practice, Malafide

Section 17B
When LC/T/NT awards reinstatement
and employer prefers proceedings
against it in HC or SC
Employer is liable to pay the workman
full wages last drawn for the period of
pendency of proceeding If workman has
not been employed elsewhere for that
period

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

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
framing charge

report is the basis for

punishment

4. Not subject to any rules

natural justice

Subject to principles of

5. Result is not conclusive

conclusive and it decides
the fate of employee

result is very much

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.

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
1. Record date / time / place of enquiry
Persons present and their signature
2. Charge/ reply read out / explained
If workmen denies DE proceeds
Contd.

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 crossexamination
4. Signature taken on each page
contd.

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