DISCIPLINE AND DISCIPLINARY ACTION

IN THE CONTEXT OF BANGLADESH LABOUR CODE- 2006

M. SHABBIR ALI

LEARNING OBJECTIVES
Concept of discipline Characteristics of Discipline Aims & Objective of Discipline

Misuse of Discipline
Act of Indiscipline or Misconduct Misconduct-Classification Disciplinary Actions Process -Model Approaches to Disciplinary Action Hot Stove/ Progressive/ Without Punishment Approach Effective Disciplinary Action Complaint and Its ingredients Punishment for Conviction and Misconduct Misconducts As per BLC-2006

Steps in Disciplinary Action

Settlement of Final Payments Grievance Procedure
M. Shabbir Ali

CONCEPT OF DISCIPLINE
Discipline in the broad sense means orderliness It simply means working, cooperating and behaving in a normal and orderly way, as any responsible person would expect an employee to do Websters Dictionary gives following 03 meanings of the word discipline

First, it is the training that corrects, moulds, strengthens or perfects.

Second, it is control gained by enforcing obedience and

The third meaning is punishment or chastisement.

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CONCEPT OF DISCIPLINE CONTD.

Discipline can either be positive or negative

Positive Discipline-involves creation of an atmosphere in the organization whereby employees willingly conform to the rules and regulations. It can be achieved through rewards and effective leadership

Negative Discipline- penalties are used to force the workers to obey rules and regulation. In other words, workers try to adhere to rules and regulations out of fear of warnings, penalties and other forms of punishment

M. Shabbir Ali

DISCIPLINE - DISCIPLINARY ACTION

Word discipline comes from word disciple Translated from Latin, it means, to teach Intent of disciplinary action should be to ensure recipient sees disciplinary action as learning process

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CHARACTERISTICS OF DISCIPLINE
The main characteristics of discipline may be noted as: 1. It is a determinative and positive willingness which prompts individuals and groups to carry out the instructions that have been issued, and abide by the rules of conduct and the standards of work which have been established to ensure successful attainment of organizational goals. 2. It is a negative approach which encourages individuals to undertake the desired activities and which restrains them from undertaking others. 3. It is a punitive or a big stick approach which imposes a penalty or punishment, if the rules and regulations, which have been laid down by an organization, are ignored or disobeyed.

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AIMS AND OBJECTIVES OF DISCIPLINE

The aims and objectives of discipline are: 1. To obtain a willing acceptance of the rules, regulation and procedure of the organization; 2. To impart an element of certainty despite several differences in informal behaviour patterns;

3. To develop among the employees a spirit of tolerance and a desire to make adjustments;
4. To give and seek direction and responsibility; 5. To create an atmosphere of respect personality and human relations; and for human

6. To increase the working efficiency and morale of the employees so that productivity is stepped up, the cost of production brought down and the quality of production improved

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MISUSES OF DISCIPLINE
Some supervisors are so clever that they develop among their subordinates a willingness to conform with the rules and regulations of the organization; and this is done in such a way that the subordinate themselves do not feel that authority is being imposed upon them by their superiors to maintain discipline. In other words avoiding delegation & empowerment . There are some incapable supervisors who can function only by holding out threats to their subordinate; they rule by fear. There are some dishonest supervisors who use the fear of discipline as a means of fulfilling their undue privileges and personal interests

M. Shabbir Ali

ACT OF INDISCIPLINE OR MISCONDUCT

Misconduct is an act or a conduct which is prejudicial to the interest of the employer, or

which is likely to impair the reputation of the employer, or

create unrest among other employees;

it is an act of misconduct even when such activities are performed outside the organization, or
It is conducted even before or after the employees duty hours; In other words, it is for the management to determine what constitutes indiscipline or misconduct

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MISCONDUCT-CLASSIFIED ON THE BASIS OF SEVERITY

The Categories: 1. Minor Infractions: Which do little or no harm, or which may become serious if they accumulate. Examples of some of these infractions are- negligence, horse-play, minor violations of rules, wage garnishment, failure to be present when needed, and carelessness. Major Infractions: Which substantially interfere with the orderly operations of an organization, which damage morale, or which are so serious that they are apparent to any reasonable person, or acts which are an accumulation of minor offences. Most of these violations centre round refusal to carry out orders, lying, cheating, stealing or disobeying safety rules. Intolerable Offenses: These are offences of such illegal and drastic nature that they severely strain or endanger employment relationship and are full of threat and menace to most people. These offences arise out of the possession of, and the threat to use, weapons; the use of hard drugs on the job; theft or fighting which result in serious harm to others; and smoking in a place where inflammables and combustibles are kept or stored
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2.

3.

DISCIPLINARY ACTION PROCESS MODEL

EXTERNAL ENVIRONMENT INTERNAL ENVIRONMENT Set Organizational Goals Establish Rules

Communicate Rules to Employees

Observe Performance/ Behavior Compare Performance/ Behavior with Rules Take Appropriate Disciplinary Action

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APPROACHES TO DISCIPLINARY ACTION

Hot stove rule Progressive disciplinary action Disciplinary action without punishment

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HOT STOVE RULE

Burns immediately Provides warning Gives consistent punishment Burns impersonally Problem - All situations are not the same

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PROGRESSIVE DISCIPLINARY APPROACH

Improper Behavior/ Act
Yes

Does this violation warrant disciplinary actions?

Yes

No

No Disciplinary Action/ Counseling Oral Warning

Does this violation warrant more than an oral warning?

Yes

No

Does this violation warrant more than a written warning?

Yes

No

Written Warning

Does this violation warrant more than a suspension?

Yes

No

Suspension

Termination/ Dismissal
M. Shabbir Ali

SUGGESTED GUIDELINES FOR DISCIPLINARY ACTION

Offenses Requiring First, an Oral Warning; Second, a Written Warning; and Third, Termination
Negligence in the performance of duties Unauthorized absence from job Inefficiency in the performance of job

Offenses Requiring a Written Warning; Second, Suspension and Third Dismissal

Sleeping on the job Failure to report to work one of two days in a row without notification Negligent use of company property/ resources

Offenses Requiring Immediate Termination/ Dismissal

Theft or Financial Fraud Fighting on the job Falsifying time cards, Business/ Financial Documents etc. Failure to report to work three days in a row without notification

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DISCIPLINARY ACTION WITHOUT PUNISHMENT

Process of giving worker time off with pay to think about whether he or she wants to follow the rules and continue working for company Employee violates rule, manager issues oral reminder
Repetition brings written reminder Third violation: Worker takes 1, 2 or 3 days off (with pay) to think about situation Important all rules explicitly stated in writing

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EFFECTIVE DISCIPLINARY ACTION

Addresses employees wrongful behavior, not employee as a person Should not be applied haphazardly Not usually managements initial response to a problem Normally, there are more positive ways of convincing employees to adhere to company policies

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DISCIPLINARY ACTION PROCESS

A Disciplinary Action is an act or procedure as per Labour Law of Bangladesh, which is initiated by the complainant authority after receiving specified complaint of any kind of misconduct. Related terms: 1. Complaint

2. Misconduct
3. Punishment

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MAIN INGREDIENTS OF THE COMPLAINT

1. Presence of employee on the date/ time when misconduct said to be done.

2. Details of responsibility/ job assigned by the immediate supervisor or HOD, who so ever may be. 3. Narration of misconduct
4. Any sort of disturbance in the production/ operational process 5. Any sort of damage or loss after committing the misconduct by the employee

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COMPLAINT IS NOT AN ACTION

1. Information of complaint is not an action 2. A complaint is not a charge sheet 3. A complaint is not a punishment 4. Complaining Authority cannot advise any kind of punishment or quantum of punishment 5. A complainant is also a part in the process of disciplinary action & without his involvement it cannot be completed

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PUNISHMENT FOR CONVICTION AND MISCONDUCT BLC (SEC 23)

Clause 1. A worker may be dismissed without notice or pay in lieu of, if a. b. Found convicted for any criminal offense, or Found guilty of misconduct under Section 24

Clause 2. May be under extenuating circumstances, given any one of the following punishments:

a.
b. c.

Termination
Demotion to lower post, grade or pay-scale >01 Year Holding up for promotion for 01 Year

d.
e. f. g.

Holding up of Increment of wages for 01 Year

Fine Suspension for not more than 01 week without wages or without subsistence allowance Censure or warning

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PUNISHMENT FOR MISCONDUCTCOMPENSATION BLC (SEC 23)

Sub Section-3:

When Dismissed under Sec-23/ sub section 1 or

Terminated under Sec-23/ sub section 2(a)If the length of continuous service is minimum 01 year- will be eligible for compensation @ of 14 days wages or gratuity, whichever is higher for every completed year of service

When Dismissed under Sec-24/ sub section 4(b) for misconduct shall not be entitled to any compensation

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MISCONDUCT AS PER BLC-2006 (SEC 23)

Clause 4 : The following act shall be treated as misconduct: a) Wilful insubordination or disobedience, whether alone or in combination with others, to any lawful or reasonable order of the superior b) Theft fraud or dishonesty in connection with employers business or property

c) Taking or giving bribes in connection with his or any other worker's employment under the employer
d) Habitual absence without leave or absence without leave for 10 days e) Habitual late attendance Contd

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MISCONDUCT

AS PER BLC-2006 CONTD.

f) Habitual breach of any law or rule or regulation applicable to the establishment

g) Riotous or disorderly behaviour in the establishment or any act subversive of discipline

h) Habitual negligence of work

i) Habitual breach of any rule regarding service, discipline or conduct approved by the Chief Inspector
j) Altering, forging illegally, tempering, damaging or causing loss to official records of the employer

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STEPS IN DISCIPLINARY ACTION

BLC (SEC-24)

Sub-section 1: No order of punishment can be given against a worker unlessa. The allegation against him is brought in writing; b. He is given a copy thereof and not less than 07 days time to explain; c. He is given an opportunity of being heard; d. He is decided to be guilty after enquiry; e. The employer or the manager approves of the order of punishment

Contd..

M. Shabbir Ali

STEPS IN DISCIPLINARY ACTION

Prior to issuance of any order of punishment the employer has to comply with certain steps. In fact, as per different verdict issued by the higher courts, in addition to above 05 steps, now the management is to comply with the following:
1. 2. 3. 4. 5. 6. 7. 8. 9. Preliminary enquiry, if required Framing of Charge-Sheet Delivery of Charge-Sheet Consideration of explanation Selection of Enquiry Officer Issuing Enquiry Notice Proper Domestic Enquiry Report of the Enquiry Officer Consideration of Enquiry Report by the Authority

10. Awarding of Punishment

11. Delivery of Punishment Letter

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SETTLEMENT OF FINAL PAYMENTS OF THE WORKER

The employer has to pay all the dues payable to a worker within 30 (thirty) working days from the date of cessation of service due to retirement, discharge, retrenchment, dismissal and conclusion of service.

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GRIEVANCE PROCEDURE

Grievances = Complaints against the employer

Unfair treatment by managers Unfair pay Unfair Termination/ Dismissal

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GRIEVANCE PROCEDURE
1.

BLC (SEC 33)

An worker who has grievance (with regard to discharge, dismissal, termination, or any other means of employment) may submit grievance in writing to the employer within 30 days fro the date of being informed of the cause The employer shall enquire into the grievance and by giving the worker concerned a chance of being heard, inform of its decision about the matter within 15 days from the date of the receipt of the grievance If the employer fails to give a decision or if the worker is dissatisfied with such decision, may lodge a complaint with the labour Court within 30 days from the date of the expiry of the time allowed or date of the employers decision The Labour Court, after receiving the grievance, by serving notice upon both the parties shall hear about the grievances and give appropriate decision at its discretion. Any worker aggrieved by the order of the court may prefer an appeal before the tribunal within 30 days from the date of the order and the decision given on the appeal shall be final. No Court-Fee is payable for lodging any complaint or appreal under this section. Any complaint under this section shall not be treated as a criminal prosecution under this Act.

2.

3.

4.

5.

6. 7.

8.

No complaint can be lodged against the order of termination given under Section 26 (Termination Simpliciter)

M. Shabbir Ali

ALWAYS
Remember:

A stich in time saves in nine

Think about:

Whats the best way to Avoid litigation

and
defend litigation.

M. Shabbir Ali

JIM ROHN
He was an American entrepreneur, author and motivational speaker.

Said.
We must all suffer from one of two pains: the pain of discipline or the pain of regret. The difference is discipline weighs ounces while regret weighs tons.

M. Shabbir Ali

Q & A ??

M. Shabbir Ali