Ideal Approach to Discipline - Industrial Relation

Ideal Approach to Discipline - Industrial Relation

I. Refrain from strict pedantic/technical approach

Industrial activity is the result of co-operation between two partners namely the management and the workmen. Such co-operation is possible only in an atmosphere of peace, harmony and trust. It is, therefore, desirable that the management shall not adopt a pedantic or purely legalistic approach while dealing with normal or routine acts of indiscipline like absence or general neglect of work or an occasional show of annoyance not bordering on disorderly behaviour by a workman.

The Apex Court in Tournamulla Estate v. Their Workmen, 1973 II LLJ 241 (S.C.3J) while dealing with the issue whether termination for every misconduct entails forfeiture of gratuity, u/s. 4(6) of the Gratuity Act classified acts of misconduct into three kinds.

(i) Technical misconduct which leaves no trail of indiscipline.

(ii) Misconduct resulting in damage to employer’s property.

(iii) Serious misconduct like riotous or disorderly behaviour which results in grave indiscipline.

The Supreme Court holds that gratuity cannot be forfeited in case of first kind of misconduct, while it can be forfeited for the second and third categories of misconduct. Therefore we can construe that the employer need not adopt strict disciplinary approach towards such acts which are though technically called misconduct but do not leave any trail of indiscipline.

Furthur, conducting departmental enquiry in each and every case of breach of discipline may prove costly to the organization both in financial terms as well as loss of work hours/man hours since the enquiry officer, the presenting officer, the delinquent employee and the defence assistant as well as the witnesses who will be the employees of the establishment will be busy attending the enquiry, leaving their work.

Secondly, the very idea of disciplinary action will create a fear, insecurity, ill feeling and distrust in the workman and it will in all probability compel him to consult the union or take the help of a lawyer in drafting his reply. Thus third parties try to control the situation. This may in turn lead to a non-compromising stance between the two parties stretching the matter further to the stage of departmental enquiry or industrial dispute, hampering the chance of possible reconciliation of the matter. This will result in waste of management’s time, money and energy which is avoidable in the immediate present if a more prudent and conciliatory approach is adopted to begin with. This however, does not mean that management shall condone every act of indiscipline. It shall exercise discretion to distinguish between routine indiscipline and persistent and grave acts of indiscipline and the later requires to be dealt with sternly.

II. Procedure to implement the ideal approach

a) Step: 1 – Segregation of minor lapses from serious lapses

For adopting conciliatory approach in the beginning, the management has to first identify such lapses which can be dealt with through methods of persuasion and counseling without any acrimony and bitterness affecting the employer-employee relations.

A list of such lapses is given below for employer’s guidance:

(a) Irregular attendance on first three occasions

(b) Leaving place of work frequently
(c) Slackness in work which is not amounting to negligence
(d) Quarrelling with colleagues
(e) Turning deaf year to superior’s instructions
(f) Shouting in a fit of emotion against a colleague or a superior in the first instance
(g) Quarrelling with customers on first three occasions

b) Step: 2 – Counseling

After identifying the lapses as above, it is advisable to settle the matter across the table and over a dialogue directly with the employee by bringing the facts to his notice. Direct communication is always considered the most effective way of expressing one’s feelings to the other. It enables both the parties to directly perceive each other’s emotions and thus help building bridges in relations between the management and the delinquent workman.

The language at such meeting should be kept simple and the tone to be amiable. The delinquent employee is to be explained as to how he too belongs to the institution/establishment and how interdependence among the employees is the key to the success of the organization. Once he apologizes and expresses regrets, the same may be recorded and the matter may be treated as closed.

c) Step: 3 – Issue advisory memo on repetition

If the delinquent employee repeats the same behaviour, he may be issued a simple letter. The language used in such letters shall be simple and devoid of harsh disciplinary language. This will help in winning the trust of the workman and induce a more work compatible behaviour. After the discussion, the employee may be persuaded to give a letter admitting his lapse and the matter may be disposed of by issuing a memo advising him not to repeat it in future.

d) Step: 4 – Issue warning or censure on further repetition

If the delinquent still persists in his conduct, a show cause notice may be issued to him specifying details of his misconduct. It is likely to send a message to him that the management will view the matter seriously if he does not mend his ways. After receiving his explanation, he may be warned or censured as provided under Standing Orders or service Rules.

e) Step: 5 – Issue chargesheet and initiate disciplinary action if above efforts fail

If the employee does not improve his behaviour and conduct and repeats the objectionable conduct further despite all the efforts of persuasion, counseling, advice and warning, he may be served with a chargesheet and further disciplinary action may be taken on the basis of his explanation and appropriate penalty may be imposed on him, if found guilty.

III. Why to create a record

The above procedure is sufficient to create a past record. Normally the standing orders or service rules treat a misconduct habitual in respect of which he is warned thrice in the past. For instance the model standing orders under Bombay rules 1959 framed under Industrial employment Standing Orders Act, 1946 stipulates that no act shall be treated as habitual unless an employee is warned of it thrice in the past.

This often saves the management from the embarrassment of having to discharge the burden of proof in a court that no undue pressure or coercion applied on the delinquent employee to get the admission from him.

I. Format of advisory letter for routine lapses in conduct

To,
Shri............... .....................

Dear Sir,

Date
Place:

It is observed that you have not been regular in *attending office/reporting for shift (quote relevant place of work). You have been remaining frequently absent from duties without prior intimation or prior sanction of leave. You remained so absent on the following dates.

..........................................................(give details of dates) ..........................................................

You must be aware that the company is a service industry and has cater to the needs of customers and customer satisfaction is vital for business development. We regret to inform you that your frequent irregular attendance is hampering smooth functioning of the office and customer service.

Having regard to your service in the bank and career ahead in the company, we advise you to improve your attendance and be punctual and regular in attending *office/work/shift and desist from repeating it in future.

For Company

Competent Authority

* Strike off which ever is not applicable.