1. Assalamualaikum wbt dan Hai
Exxplain the procedures of disciplinary
action in an organization
Many behaviors can warrant disciplinary
action. That is why the disciplinary action policies outline all acceptable and
unacceptable behaviors in the employee handbook to avoid any confusion and
potential legal action that can be taken by the employees claiming their
behaviors are not expressly prohibited. All these shall be informed during the
very first day of working or during induction day to ensure all employees
understand and make sure to prevent from acting it in future. The copy of
employee handbook shall be handed out to employees as a reference. For the
commission of any offence as stated in the policies, employees shall be aware
that they are subject to the disciplinary action up to and including discharge.
Normally, employers classify two type of
misconducts which are minor and major misconduct actions that will address
different consequences based on the offences. It may end with warnings,
dismissal, termination, or suspension. Major misconduct is any act or behavior
that causes significant harm or damage to the reputation of the personnel and
assets of the employer. Example of major misconduct actions are theft, fraud,
damage to property, breach safety protocol, offensive behavior and drug and
alcohol use. On the other hand, minor misconduct can be interpreted as any act
or behavior that causes minimal damage or harm and is less damaging to the
reputation of the personnel and assets of the employees. example of minor
misconduct action includes absence without leave, leaving the workplace before
time, careless use of company tools and equipment, not wearing the dress code
and using company property for personal purposes. All misconducts must be
investigated to identify major or minor in nature.
There are several ways on how employee is
caught from acting misconduct. The complaint of misconduct can be from any
employees in the company. The complaint must be put in a formal writing. Later
if the complaint is found not to be an offence after investigation, HR
department as on behalf of employer shall respond to the complainant that there
is no case of misconduct. Step 1 is counseling and verbal warning. Counseling
session can be once or twice times depends on the offence. To attend the
complaint, first, employer must meet with the employee for a confidential
meeting to discuss the problem. Here, employee needs to know the charges
against him. It is important not to point fingers at who complained against
him. This first meeting must discuss the issue and determine the necessary
steps to resolve the problem. Within five working days, employer will prepare
written documentation of verbal counselling. The employee will be asked to sign
this document to demonstrate his understanding of the issues and corrective
action. When there is sign of positive improvement in employee conduct, it will
end as Step 1 of disciplinary action in the employee record.
The Step 2 is a written warning. Once a
verbal warning is already administered and still, employer see no signs of
improvement, then comes the turn of written warning. Written warning involves
more-formal documentation of the performance, conduct or issues and consequences.
During Step 2, employer will meet the employee to review any additional
incidents or information about the performance, conduct or issues as well as
any prior relevant corrective action plans. Employer usually come up with a
formal performance improvement plan to the employees. The written may also
include a statement indicating that the employee may be subject to additional
discipline up to and including termination if corrective action is not taken.
Within five working days, employer will prepare written documentation of Step 2
meeting. The employee will be asked to sign this document to demonstrate his
understanding of the issues and corrective action. When there is sign of
positive improvement in employee conduct, it will end as Step 2 of disciplinary
action in the employee record.
Next the Step 3 take a final written
warning to counter measure the misconduct. The written must warn and clearly
state that termination follows if there is no improvement. Within five working
days, employer will prepare written documentation of Step 3 meeting. The
employee will be asked to sign this document to demonstrate his understanding
of the issues and corrective action. When there is sign of positive improvement
in employee conduct, it will end as Step 3 of disciplinary action in the
employee record. The Step 1, Step 2 and Step 3 must be in written report to
demonstrate that employer provides sufficient opportunities to employees to
improve their performance, conduct or issues against him.
After Step 1, Step 2 and Step 3
disciplinary action seems not effective, it may indicate that the employee is
someone that acting habitual or repetitive of misconduct. Which some conduct or
problematic incident might cause harmful to the workplace. This is Step 4,
where domestic inquire is initiated by employer. The domestic inquire is made
to establish the validity of the alleged misconduct is proven or not. When
proven, then it is subsequently recommended a punishment that is appropriate to
the offence committed. Domestic inquire starts with a Show Cause Letter which
is provided by employer to employee during disciplinary action policy. It asks
the employee to provide an explanation of the offence and show cause why they
shall not face disciplinary action issue in written letter. Prior to this show
cause letter, employer shall ensure sufficient opportunities and assistance, or
training has been provided, as well as time to address any offence issues. If
not, then issuing a show cause letter may increase the risk of the employee
disputing any disciplinary action. If the reply is acceptable, then it will end
as Step 4 of disciplinary action in the employee’s record.
What if the reply is not acceptable? The
case of offence will be investigated carefully. The employee then can be
recommended to be suspended and period of suspension with pay or without pay is
not more than 14 working days. The employee is advisable not to remain in the
workplace because the issues are sensitive or require utmost confidentiality or
may prejudice the integrity of the investigation. Within 14 days, when employer
establish sufficient proofs, the case of the offence will be presented before a
panel usually high management. The employee is given sufficient opportunity to
defend himself against the charges of misconduct. If the accused employee is
found guilty, the domestic inquire panel may recommend the punishment to the
company. Punishment here says to terminate or to downgrade or to suspend the
employment of contract of service. However, he can appeal to the company to
reconsider for lesser punishment. If the accused employee is found not guilty,
the domestic inquire panel will inform the company of its decision and company
to pay back any amount due to the accused employee during his period of
suspension with half-pay.
Nevertheless, there are misconducts that
set aside all steps we discuss in the above. The 24-hours’ notice of immediate
termination contract of service without prejudice is when employee is caught
red handed while acting major misconduct. For example, an employee is caught
red handed stealing company’s cash by another employee with the proof presence
in CCTV camera etc. Some of the companies’ written policies do not give
opportunities to appeal for this kind of offence. The reason is to prevent a
recurrence undesirable employee behavior and become a red alert warning to
other employees to not break the company policies.
In conclusions, a disciplinary action in
an organization or in a company will help employer to control and stop employee
from continuing unwanted behavior or at least to keep to a minimum disruption
at workplace. Besides, it protects employer from allegations of wrongful
termination.
(1412
words)
Anakin.
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