Disciplinary Action
Disciplinary Action
Disciplinary Action
Name:-Sayali Diwate
Roll No:- 1315FM0005
Meaning
Written, step-by-step process which a firm commits itself to follow in
every case where an employee has to be warned, reprimanded, or
dismissed.
Failure to follow a fair, transparent, and uniform disciplinary
procedure may result in legal penalties (damages) and/or annulment of
the firm's action.
Section 14 of the Act give the rights to the employer to dismiss,
downgrade, suspend without pay for a max of 14 days or a lesser
punishment such as warning to employee who is doing misconduct
Misconduct
Violation of Employment
Expectations
Failure to follow law, rule,
regulation, policy,
directive, instruction, or
order
Stealing, damaging etc.
Discipline
a tool for management use to maintain an
effective,efficient, and orderly control over workplace
used by supervisors to resolve the misconduct
Corrective in nature
generally, Progressive
Disciplinary Action
Continued
Disciplinary action can take many forms: primarily - corrective measure (preventing further misconduct or poor
performance)
warnings (The most common types of disciplinary action are ) and,
dismissal (serious cases )
suspension from work, or the removal of certain privileges, or, in rare
instances, demotion.
Continued
Why indiscipline?
Ignorance of rules
Physical/ mental incapability
Absence of proper training
Discontented workmen
Misguidance by Trade Union leaders
Absence of standard policies of handling discipline
Uncongenial working conditions
Process
Progressive Discipline
removal
reassignment Adverse
grade reduction Action
suspension >14 days
suspension of 14 days or less Formal
Discipline
written reprimand
written counseling / warning
oral warning
oral counseling
Informal
Discipline
Standing Orders
Standing Orders framed under the
Industrial Employment
(StandingOrders) Act, 1946 to be
followed: Serving Charge sheet
Holding of Domestic Enquiry
Serving Shaw Cause Notice
Order of punishment
Charge Sheet
Memorandum of charges
By Registered Post
Domestic Enquiry
Though serving of such notice will not make the process of enquiry
invalid, it is advisable to give the employee a final opportunity before
punishment is inflicted.
Order of Punishment
Notice of enquiry
To
Date:
-------Sub: Enquiry u/r ___ of Standing Orders
Ref: Charge sheet No.____ dated______
Your explanation dated____
Since the explanation given by you as cited above is found unsatisfactory, a
domestic enquiry u/r ____ of the Standing Orders has been initiated to
decide on the charges.
The enquiry will commence at 9.30 am on ___ (date) at _____ (venue)
You are hereby required to present in person with or without a helper to give
any clarification to defend the charges against you.
Mr./Ms. ____ will be the Enquiry Officer
Sd/Authorised Signatory
Termination Order
To
-------Sub: Order of Termination of Service
Ref: Charge sheet No____ dated____
Date
Pursuant to the charge sheet above referred and findings of enquiry report
dated____, the management has come to the conclusion that the charges
leveled against you have been proved categorically.
As you have been found guilty of serious misconduct, the management has
decided to dismiss you from service. However, on compassionate grounds,
we have decided to take a lenient step by imposing a lesser punishment by
discharging you from service with effect from/ with immediate effect.
You are, therefore, directed to settle your dues including salary dues and
handover the charges to Mr________ during office hours on_________
Sd/Authorised Signatory
Thank You