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DISCIPLINE AND

DISCIPLINARY ACTIONIN THE CONTEXT OF BANGLADESH LABOUR CODE- 2006

M. SHABBIR ALI


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LEARNING OBJECTIVESConcept 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 ProcedureM. Shabbir Ali


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CONCEPT OF DISCIPLINE

Discipline in the broad sense means orderliness

It simply means working, cooperating and behaving in a normaland orderly way, as any responsible person would expect anemployee to do

Websters Dictionary gives following 03 meanings of the worddiscipline

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.

M. Shabbir Ali


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CONCEPT OF DISCIPLINE CONTD.

Discipline can either be positive or negative

Positive Discipline-involves creation of an atmosphere in theorganization whereby employees willingly conform to therules and regulations. It can be achieved through rewardsand effective leadership

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

penalties and other forms of punishment

M. Shabbir Ali


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DISCIPLINE - DISCIPLINARY ACTION

Word disciplinecomes fromword disciple

Translated from Latin, it means,to teach

Intent of disciplinary actionshould be to ensure recipient

sees disciplinary action as

learning process

M. Shabbir Ali


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CHARACTERISTICS OF DISCIPLINE

The main characteristics of discipline may be noted as:

1. It is a determinative and positive willingness whichprompts individuals and groups to carry out theinstructions that have been issued, and abide by therules of conduct and the standards of work which havebeen established to ensure successful attainment of

organizational goals.

2. It is a negative approach which encourages individuals toundertake the desired activities and which restrains themfrom undertaking others.

3. It is a punitive or a big stick approach which imposes apenalty or punishment, if the rules and regulations, whichhave been laid down by an organization, are ignored ordisobeyed.

M. Shabbir Ali


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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 andprocedure of the organization;

2. To impart an element of certainty despite severaldifferences in informal behaviour patterns;

3. To develop among the employees a spirit of toleranceand a desire to make adjustments;

4. To give and seek direction and responsibility;

5. To create an atmosphere of respect for humanpersonality and human relations; and

6. To increase the working efficiency and morale of theemployees so that productivity is stepped up, the cost ofproduction brought down and the quality of productionimproved

M. Shabbir Ali


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MISUSES OF DISCIPLINE

Some supervisors are so clever that they develop amongtheir subordinates a willingness to conform with the rulesand regulations of the organization; and this is done insuch a way that the subordinate themselves do not feelthat authority is being imposed upon them by theirsuperiors to maintain discipline. In other words avoidingdelegation & empowerment .

There are some incapable supervisors who can functiononly by holding out threats to their subordinate; they ruleby fear.

There are some dishonest supervisors who use the fear ofdiscipline as a means of fulfilling their undue privilegesand personal interests

M. Shabbir Ali


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ACT OF INDISCIPLINE OR MISCONDUCT

Misconduct is an act or a conduct which is prejudicial tothe 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 areperformed outside the organization, or

It is conducted even before or after the employees dutyhours;

In other words, it is for the management to determine

what constitutes indiscipline or misconduct

M. Shabbir Ali


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MISCONDUCT-CLASSIFIED ON THE BASIS

OF SEVERITYThe Categories:

1. Minor Infractions: Which do little or no harm, or which maybecome serious if they accumulate. Examples of some of theseinfractions are- negligence, horse-play, minor violations of rules,wage garnishment, failure to be present when needed, andcarelessness.

2. Major Infractions: Which substantially interfere with the orderly

operations of an organization, which damage morale, or whichare so serious that they are apparent to any reasonable person,or acts which are an accumulation of minor offences. Most ofthese violations centre round refusal to carry out orders, lying,cheating, stealing or disobeying safety rules.

3. Intolerable Offenses: These are offences of such illegal and

drastic nature that they severely strain or endanger employmentrelationship and are full of threat and menace to most people.These offences arise out of the possession of, and the threat touse, weapons; the use of hard drugs on the job; theft or fightingwhich result in serious harm to others; and smoking in a placewhere inflammables and combustibles are kept or stored

M. Shabbir Ali


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DISCIPLINARY ACTION PROCESS MODEL

Set Organizational Goals

Establish Rules

Communicate Rules to Employees

Take Appropriate Disciplinary Action

Observe Performance/ Behavior

Compare Performance/ Behavior with Rules

EXTERNAL ENVIRONMENT

INTERNAL ENVIRONMENT

M. Shabbir Ali


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APPROACHES TO DISCIPLINARY ACTION

Hot stove rule

Progressive

disciplinary action Disciplinary action

without

punishment

M. Shabbir Ali


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HOT STOVE RULE

Burns immediately Provides warning

Gives consistentpunishment

Burns impersonally

Problem - Allsituations are not the

same

M. Shabbir Ali


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PROGRESSIVE DISCIPLINARY APPROACH

Improper Behavior/ Act

Does this violation warrant disciplinary

actions?

Does this violation warrant more thanan oral warning?

Does this violation warrant more than a

written warning?

Does this violation warrant more than a

suspension?

Termination/ Dismissal

Yes

Yes

Yes

Yes

Yes

No Disciplinary Action/Counseling

Oral Warning

Written Warning

Suspension

No

No

No

No

M. Shabbir Ali


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SUGGESTED GUIDELINES FOR DISCIPLINARY

ACTION

Offenses Requiring First, an Oral Warning; Second, a Written Warning; and

Third, TerminationNegligence in the performance of duties

Unauthorized absence from job

Inefficiency in the performance of job

Offenses Requiring a Written Warning; Second, Suspension and Third

DismissalSleeping 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

M. Shabbir Ali


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DISCIPLINARY ACTION WITHOUT

PUNISHMENT

Process of giving worker time off with pay to thinkabout whether he or she wants to follow the rules andcontinue working for company

Employee violates rule, manager issues oral reminder

Repetition brings written reminder

Third violation: Worker takes 1, 2 or 3 days off (withpay) to think about situation

Important all rules explicitly stated in writing

M. Shabbir Ali


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EFFECTIVE DISCIPLINARY ACTION

Addresses employees wrongful behavior, notemployee as a person

Should not be applied haphazardly

Not usually managements initial response to aproblem

Normally, there are more positive ways ofconvincing employees to adhere to companypolicies

M. Shabbir Ali


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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 thecomplainant authority after receiving specifiedcomplaint of any kind of misconduct.

Related terms:

1. Complaint

2. Misconduct

3. Punishment

M. Shabbir Ali


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MAIN INGREDIENTS OF THE COMPLAINT

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

2. Details of responsibility/ job assigned by theimmediate supervisor or HOD, who so ever maybe.

3. Narration of misconduct4. Any sort of disturbance in the production/

operational process

5. Any sort of damage or loss after committing the

misconduct by the employee

M. Shabbir Ali


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COMPLAINT IS NOT AN ACTION

1. Information of complaint is not an action

2. A complaint is not a charge sheet3. A complaint is not a punishment

4. Complaining Authority cannot advise any kind ofpunishment or quantum of punishment

5. A complainant is also a part in the process ofdisciplinary action & without his involvement itcannot be completed

M. Shabbir Ali


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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. Found convicted for any criminal offense, or

b. Found guilty of misconduct under Section 24

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

a. Terminationb. Demotion to lower post, grade or pay-scale >01 Year

c. Holding up for promotion for 01 Year

d. Holding up of Increment of wages for 01 Year

e. Finef. Suspension for not more than 01 week without wages or without

subsistence allowance

g. Censure or warning

M. Shabbir Ali


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PUNISHMENT FOR MISCONDUCT-

COMPENSATION 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) formisconduct shall not be entitled to any compensation

M. Shabbir Ali


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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 orin combination with others, to any lawful or reasonableorder of the superior

b) Theft fraud or dishonesty in connection with employersbusiness or property

c) Taking or giving bribes in connection with his or anyother worker's employment under the employer

d) Habitual absence without leave or absence without leavefor 10 days

e) Habitual late attendanceContd

M. Shabbir Ali


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MISCONDUCT AS PER BLC-2006 CONTD.

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

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

h) Habitual negligence of work

i) Habitual breach of any rule regarding service, discipline orconduct approved by the Chief Inspector

j) Altering, forging illegally, tempering, damaging or causingloss to official records of the employer

M. Shabbir Ali


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STEPS IN DISCIPLINARY ACTION BLC (SEC-24)

Sub-section 1: No order of punishment can be given against aworker unless-

a. The allegation against him is brought in writing;

b. He is given a copy thereof and not less than 07 days time toexplain;

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 ofpunishment

Contd..

M. Shabbir Ali


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STEPS IN DISCIPLINARY ACTION

Prior to issuance of any order of punishment the employer has tocomply with certain steps. In fact, as per different verdict issued by

the higher courts, in addition to above 05 steps, now themanagement is to comply with the following:

1. Preliminary enquiry, if required

2. Framing of Charge-Sheet

3. Delivery of Charge-Sheet

4. Consideration of explanation5. Selection of Enquiry Officer

6. Issuing Enquiry Notice

7. Proper Domestic Enquiry

8. Report of the Enquiry Officer

9. Consideration of Enquiry Report by the Authority

10. Awarding of Punishment

11. Delivery of Punishment Letter

M. Shabbir Ali


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SETTLEMENT OF FINAL PAYMENTS OF

THE WORKER

The employer has to pay all the duespayable to a worker within 30 (thirty)

working days from the date of cessation ofservice due to retirement, discharge,retrenchment, dismissal and conclusion ofservice.

M. Shabbir Ali


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GRIEVANCE PROCEDURE

Grievances = Complaints against the employer

Unfair treatment by managers

Unfair pay Unfair Termination/ Dismissal

M. Shabbir Ali


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GRIEVANCE PROCEDURE BLC (SEC 33)

1. An worker who has grievance (with regard to discharge, dismissal, termination, orany other means of employment) may submit grievance in writing to the employerwithin 30 days fro the date of being informed of the cause

2. The employer shall enquire into the grievance and by giving the worker concerneda chance of being heard, inform of its decision about the matter within 15 days

from the date of the receipt of the grievance

3. If the employer fails to give a decision or if the worker is dissatisfied with suchdecision, may lodge a complaint with the labour Court within 30 days from thedate of the expiry of the time allowed or date of the employers decision

4. The Labour Court, after receiving the grievance, by serving notice upon both theparties shall hear about the grievances and give appropriate decision at its

discretion.

5. Any worker aggrieved by the order of the court may prefer an appeal before thetribunal within 30 days from the date of the order and the decision given on theappeal shall be final.

6. No Court-Fee is payable for lodging any complaint or appreal under this section.7. Any complaint under this section shall not be treated as a criminal prosecution

under this Act.

8. No complaint can be lodged against the order of termination given under Section26 (Termination Simpliciter)

M. Shabbir Ali


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ALWAYS

Remember:

A stich in time saves in nine

Think about:

Whats the best way to

Avoid litigation

and

defend litigation.

M. Shabbir Ali


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JIM ROHN

Said.

We must all suffer from one of

two pains: the pain of discipline orthe pain of regret. The difference isdiscipline weighs ounces while

regret weighs tons.

He was an American entrepreneur, author

and motivational speaker.

M. Shabbir Ali


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Q & A ??

M Sh bbi Ali