CODE OF DISCIPLINARY

8/7/2019 CODE OF DISCIPLINARY

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SiMER

-By-By

IshitaIshita


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CONTENTS

Discipline

Causes of indiscipline

Principles of Industrial indiscipline

Disciplinary code procedure


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Discipline means orderliness. It implies theabsence of chaos, irregularity and confusion inthe behavior of workers


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CAUSES OF INDISCIPLINECAUSES OF INDISCIPLINE


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Rules that are, as far as possible, common to allemployees. It is advisable to include a dress code aswell, particularly for those employees who havedealings with members of the public or the employer'sclients.

:The Standards of Conduct should stipulate

Serious Offenses : e.g. theft, fraud, insubordination, unauthorized

absenteeism, consumption of alcoholic beverages oncompany premises, arriving at work under theinfluence of alcohol or any substance having anarcotic producing effect, arriving at work with thesmell of alcohol on the breath, etc. Any employee

found in breach or guilty of breaking any rule listedunder serious offenses.


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PRINCIPLES OF INDUSTRIALDISCIPLINE Discipline is intimately linked with relations

within the organization and is affected by suchfactors as background, social environment andemotional outlook of the workers concerned.Discipline is also closely related with personalfeelings or sentiments. The sentiments arenon-logical emotional factors that influence

the behavior of average worker. Therefore, theeffective application of discipline dependsprimarily on understanding the behavior ofhuman beings and of one self.

(ii) The Code of Discipline must be laid down

in consultation with those who are underits jurisdiction and are concerned with its

application.(iii) Code of Discipline should be evaluated

and appraised from time to time so as toremove anomalies. If any.

(iv) Code of Discipline must be reasonableand simple. It should not contain rules forthe sake of rules only.


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(v) The discipline policy should lay greater

emphasis on the prevention of the breachof discipline than on the administration ofvenalities. The approach to disciplineshould be positive and constructive.

(vi) Judicious machinery preferably internal

to the organization should be provided for

appeals against, and review of, alldisciplinary actions.

(vii) The management should ensure that its

own conduct and policies do notencourage breach of discipline. This will

promote self-discipline among theworkers.

(viii) The managers should try to remove the

cause responsible for indiscipline.

(ix) A disciplinary committee consisting ofthe representatives of the workers and the


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DISCIPLINARY CODEPROCEDURE

1. Issue of charge sheet: Once the case of misconduct isestablished, the management should proceed to issue a chargesheet to the employee. Charge sheet is merely a notice of thecharge and provides the employee an opportunity to explain hisconduct. Therefore, charge sheet is generally known as a slowcause notice. In the charge sheet, each charge should be clearlyspecified. There should be a separate charge for each allegation

and charge should not relate to any matter, which has alreadybeen decided upon.

2. Consideration of Explanation. On getting the answer for thecharge sheet served, the explanation furnished should beconsidered and if it is satisfactory, no disciplinary action needs tobe taken. On the contrary when the management is not satisfied

with the employees explanation, it can proceed with full-fledgedenquiry. (However, if the worker admits the charge, the employer


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3. Suspension pending Enquiry. In case the charge is grave, a suspension order

may be served on the employee along with the charge sheet. According to theIndustrial Employment (Standing Order) Act, 1946, the suspended worker is tobe paid a subsistence allowance equal to one-half of his wages for the firstninety days of suspension and three-fourths of wages for the remaining period ofsuspension. If the delay in the completion of disciplinary proceedings is not dueto the workers conduct ,what is grave will depend on the discretion of themanagement. It has to be decided in accordance with the Code Of Discipline.

4. Holding of Enquiry. An enquiry officer should be appointed to hold the enquiryand a notice to this effect should be given to the concerned worker. Principle ofnatural justice must be followed. The worker should not be denied the chance ofexplaining himself. The enquiry officer should give sufficient notice to the workerso that he may prepare to represent his case and make submission in hisdefense. The enquiry officer should proceed in a proper manner and examinewitnesses. Fair opportunity should be given to the worker to cross-examine themanagement witnesses.

5. Order of Punishment. Disciplinary action can be taken when the misconduct of

DISCIPLINARYCODE

PROCEDURE


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CODE OF DISCIPLINARY