Discipline and Grievance Handling
Discipline refers to a attitudes and habits prevailing among the employees, with respect to rules and regulations of an organization. In simple words, discipline means orderliness or the absence of disorder, chaos and confusion in human behaviour and action.
Definitions
According to Tead and Metcalf
Discipline is the orderly conduct of affairs by the members of an organization, who adhere to the necessary regulations because they desire to cooperate harmoniously in forwarding the end which the group has in view and willingly recognize that. To do this their wishes must be brought into a reasonable unions with the requirements of group action.
According to Richard D. Calhoon
Discipline may be considered as the force that prompts individuals or groups to observe rule, regulations, standards and procedures deemed necessary for an organization.
According to Ordway Tead
Discipline is the orderly conduct of affairs by the members of an organization who adhere to its necessary regulations because they desire to cooperate harmoniously in forwarding the end which the group has in view and willingly recognize that, to do this, their wishes must be brought into a reasonable unison with the requirements of the group in action.
According to M.J. Jucius
Discipline is said to be good when employees willingly follow he rules of heir superiors and their company. Discipline is said to be bad when employees either follow rules unwillingly or actually disobey regulations.
Objectives of Discipline
- To establish human relations climate based on mutual trust, confidence and respect in superior – subordinate working relationship.
- To increase employee morale with a view to step up productivity and improved production at reduced costs.
- To develop a spirit of self discipline and self control creating a desire to make adjustments and tolerance of specific directives issued to them by superiors.
- To ensure a willing acceptance of various rules regulations and procedures laid down in the organization for attainment of desired goals, and
- To encourage employees to seek necessary direction and responsibility in respect of performance of assigned tasks.
Aspects of Discipline/Types of Discipline
- Positive Aspect
It implies a sense of duty to observe the rules and regulations. It is also called self discipline. It involves creation of an atmosphere in the organisation whereby employees willingly conform to the established rules and regulations. Positive discipline can be achieved through rewards and effective leadership. Generally, discipline is thought of only in the negative sense but positive discipline is more effective. According to Spriegel, “positive discipline does not replace reason but applies reason to the achievement of a common objective. Positive discipline does not restrict the individual but enables him to have a greater freedom in that he enjoys a greater degree of self-expression in striving to achieve the group objective which he identifies as his own.” Positive discipline promotes cooperation and coordination with a minimum of formal organization. It reduces the need for personal supervision required to maintain standards.
- Negative Aspect
It is also known as punitive or corrective discipline. Under it penalties or punishment are used to force workers to obey rules and regulations.
The objective is to ensure that employees do not Violate the rules and regulations. Negative disciplinary action involves such techniques as fines, reprimand, demotion, layoff, transfer, etc. Negative discipline does not eliminate undesirable behaviour rather it merely suppresses it. It requires regular monitoring causing wastage of valuable time. Punishment also causes resentment and hostility. While exercising negative discipline, management should proceed in a sequential manner, viz., an oral reprimand a written reprimand, a warning, temporary suspension and dismissal or discharge.
Principles of Disciplinary Action
- All rules of the company should as far as possible, be framed in consultation with the representatives of employees and the rules thus framed should be evaluated at frequent intervals. The rules so framed should also vary with changes in the working conditions of various employees.
- For effectiveness of these rules, there should be uniformity in their application without discrimination.
- Rules should be properly and adequately communicated to all concerned.
- A disciplinary action involving some kind of penalty should be preventive rather than punitive because the main purpose of such action is to correct of reform the employee in order to prevent and recurrence of an act of indiscipline rather than simply to award some punishment with a view to create fear.
- After a disciplinary action has been taken, the superior should treat his subordinates in a normal manner and forget the past.
- Although some penalizing may be inevitable, no employee should be considered rule- breaker and an underlying current of confidence must run through all disciplinary actions. A manager or executive must view disciplinary action as a tool and not as a weapon of supervision.
Procedure for Disciplinary Action
The procedure for taking disciplinary action involves the following steps:
- Preliminary
First of all a preliminary inquiry should be held to find out whether a prima facie case of misconduct exists.
- Issue of a Charge-sheet
Once the prima facie case of misconduct is established, the management should proceed to issue a charge sheet to the employee. Charge sheet is merely a notice of the charge and provides the employee an opportunity to explain his conduct. Therefore, charge sheet is generally known as a show cause notice. In the Charge sheet, each charge should be clearly specified. There should be a separate charge for each allegation and charge showed not relate to any matter which has already been decided upon.
- Suspension Pending Enquiry
In case the charge is serious a suspension order may be given to the employee along with the charge sheet. According to the Industrial Employment (Standing Orders) Act, 1946, the suspended worker is to be paid a subsistence Iowan equal to one-half of his wages for the first ninety, days of supension an three-fourths of the wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings are not due to the worker’s conduct.
- Notice of Enquiry
In case the worker admits the charge, in his reply to the charge sheet, without any qualification, the employer can go ahead in awarding the punishment without further inquiry. But if the worker does not admit the charge and the charge merits major penalty, the employer must hold enquiry to investigate into the charge. Proper and sufficient advance notice should be given to the worker indicating the date, time and venue of the enquiry so that the worker may prepare his case.
- Conduct of Enquiry
The enquiry should be conducted by am impartial and responsible officer. He should proceed in a proper manner and examine witnesses. F.air opportunity should be given to the worker to cross-examine the management witnesses.
6. Recording the Findings
On the conclusion of the enquiry, the enquiry officer should record his findings and the reasons thereof. As far as possible he should refrain from recommending punishment and leave it to the decision of the appropriate authority.
7.Awarding Punishment
The management should decide the punishment on the basis of findings of the enquiry, past record of the worker and gravity of the misconduct. Warning, fine, withholding increments, demotion, suspension and termination are the types of punishment that may be used.
- Communicating Punishment
The punishment awarded to the worker should be communicated to him quickly. The letter of communication should contain reference to the charge sheet, the enquiry and the findings. The date from which the punishment is to be effective should also be mentioned.
- Follow-up
After taking the disciplinary action, it is necessary to see whether the action had the desired effect on the employee.
Statutory Provisions Concerning Discipline
The Indian law on discipline consists of the following:
- Industrial Employment (Standing Orders) Act, 1946
This Act requiires employers in specified industrial establishments to define precisely the conditions ‘of employment including the rules of discipline and procedure for punishment for indiscipline and also to make them known to the workmen. Among other matters, standing orders define disciplinary action for misconduct, acts or omissions which constitute misconduct, and various forms of punishment. Every act of indiscipline is called a misconduct. The main acts of misconduct are given in Table
- Disobedience or willful insubordination.
- fraud or dishonesty in connection With the employer’s business or property.
- Willfull damage or loss of employer’s goods or
- Taking or giving bribes or any illegal gratification.
- Habitual absence Without leave or absence without leave for more than ten
- Habitual late
- Habitual breach of any law applicable to the establishment
- Riotous or disorderly behaviour during working hours at the establishment, or any act subversive of discipline .
- Habitual negligence or neglect of work.
- Frequent repetition of any act or omission for which fine may be imposed.
- Striking of work or inciting others to strike in contravention of the provisions of any
- The Industrial Disputes Act, 1947
Under Sec. 11-A of this law a Labor Court, Labour Tribunal or National Tribunal can set aside the order of discharge or dismissal of an employee. In case of “protected workmen” prior permission for dismissal and discharge is essential. These protected workmen are trade union officers who are declared as such to save them from being victimised for raising the dispute.
- The Payment of Wages Act, 1936
Sec. 8 of this law places restrictions on the imposition of fines on an accused employee.
Code of Discipline
During 1956-57, a frightening number of cases of violence and coercion, strikes and lockouts were recorded in India. There were numerous instances of gross breaches of discipline both by the workers and employers. To put a full stop to such activities, a Tripartite Sub-Committee of the Labour Conference was appointed in 1957 so as to draw up a code of discipline. The code was ratified in March, 1958 by the central organisations of employers and workers.
The code binds the parties to settle all future dispute by mutual negotiaions, consultation and voluntary arbitration. The parties are also required to encourage the growth of healthy trade unions and eliminate all forms of coercion, intimidation and violence in industrial relations.
Clauses of Code of Discipline
The important clauses of the code of discipline are as follows:
- The code prohibits strikes and lockouts without prior notice and all industrial disputes must be settled through the machinery provided for the purpose.
- Both employers and employees should recognizee the rights and responsibilities of each other and should willingly discharge their respective obligations. There should be no unilateral action on either
- No unilateral action can be taken by either party, and all industrial disputes must be settled through the machinery provided for the purpose.
- Neither party will have recourse to coercion, intimidation, litigation and victimisation but will settle all differences by mutual negotiations, conciliation and voluntary
- A mutually agreed grievance procedure will be set up and both the parties will abide by it without taking arbitrary
- Both employers and trade unions will educate their members regarding their mutual
- Management will not increase work loads without prior agreement or settlement with the
- Employers will take prompt action for the settlement of grievances and for the implementation of all awards and
- Management will take immediate action against all officers found guilty of provoking indiscipline among workers.
- The employers will provide all facilities for the unfettered growth of trade unions. They will recognise unions according to the criteria laid down in the code. They will discourage the use of unfair labour practices like victimization of the members of recognised trade.
- Unions will avoid demonstrations, rowdyism and all forms of physical duress and workers will not indulge in union activity during working hours.
- Unions will discourage negligence of duty, damage to property, careless operation, go-slow tactics, insubordination and other unfair labour practices on the part of workers. They will also take action against their office-bearers and members who work against the spirit of the
Thus, the code of Discipline consists of three sets of principles, namely
- obligations to be observed by management
- obligations to be observed by trade unions, and
- principles binding on both the parties.
The Code of Discipline has been helpful in improving industrial relations in the country. It has focussed the attention of employers and workers on their respective obligations. The code was reinforced by the Industrial Truce Resolution in 1962. In
1965 a seminar was held on the working of the code, and it was concluded that the
contents of the code are satisfactory but its implementation has been ineffective. In
1967 the Central Implementation and Review Committee of the Union Ministry of Labour and Employment made an evaluation of the code. With the passage of time the spirit of the code has been lost sight of and a genuine desire to exercise self- restraint is lacking.
The code has not been very effective in ensuring harmonious relations among employers and employees due to the following reasons:
(i) Lack of self-imposed voluntary restraint on the part of both the employers and labour unions.
(ii) Erosion of workers’ wages due to increasing prices.
(iii) Rivalry among trade unions.
(iv) Conflicts between the code and the law.
(v) The state of indiscipline in the body politic.
(vi) Reasons beyond the control of employer.
The National Commission on Labour recommended that the following provisions of the code should be made statutory:
(a) recognition of the representative union as the sole bargaining agent;
(b) setting up of a grievance machinery;
(c) prohibition on strikes and lockouts without proper notice;
(d) penalties for unfair practices; and
(e) provision for voluntary arbitration.
However, the code by itself cannot maintain discipline in industry unless the parties subscribing to it have full faith in it and make a determined bid to observe it both in letter and spirit.
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Enjoyed the post.
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