វិទ្យាស្ថានខ្មែរជំនាន់ថ្ែី
INSTITUTE OF NEW KHMER
មហាវិទ្យាល័យគ្រប់គ្រងពាណិជចកមែ និងទទ្យស្ចរណ៍
ការគ្រប់គ្រងធនធានមនុស្ស
Human Resources Managements
Lectured by: NOUV Brosh
Mobile Phone: 093640486 & E-mail: broshnouv@gmail.com
HRM By: NOUV Brosh
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Chapter 14:
Managing Employee Discipline
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EMPLOYEE RELATIONS: MANAGING EMPLOYEE
DISCIPLINE.
•
•
•
Discipline means behavior modification through constructive means. The working
definition of discipline is:
1.
behavior modification
2.
Learning
3.
Corrective action
4.
A proactive approach to encourage compliance to groups and
organizational norms
5.
An early negative-performance notification
6.
Joint problem solving
7.
A motivational tool
discipline doesn’t mean in the workplace, the following are the most
important: Chastisement, Embarrassment, Ridicule and Enforcement of a
rigid chain of command.
remember: discipline should be use to support a positive work
environment, not to create a negative one.
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Negative Versus ‘Positive’ Discipline
• Three reasons managers avoid imposing traditional discipline:
– Ignorance of organizational rules
– Fear of formal grievances
– Fear of losing the friendship of employees
• Positive discipline, an alternative to traditional discipline
– Employees who commit offenses first get an oral “reminder” rather
than a “reprimand”
– If no change, the employee receives a written reminder, followed by
a paid day off – called a “decision-making leave day”
– The fully documented process is followed by termination if the
employee does not change
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Improving the Effectiveness of
Progressive Discipline
• Progressive discipline – a procedure that proceeds from
an oral warning to a written warning to a suspension to
a dismissal
• For progressive discipline to be effective:
– The employee needs to know what the problem is
– The employee must know what to do to fix the
problem
– The employee must have a reasonable period of time
to fix the problem
– The employee must understand the consequences of
inaction.
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Administering Discipline Without Incurring Employee Resentment
• Follow the red-hot-stove rule:
– Immediate – there should be no misunderstanding about
why discipline was imposed; people are disciplined not
because of who they are (personality), but because of
what they did (behavior)
– With warning – employees must know very clearly what
the consequences of undesirable work behavior will be;
provide adequate warning
– Consistent –to be perceived as fair, discipline must be
administered consistently, given similar circumstances
surrounding the undesirable behavior
– Impersonal – managers cannot play favorites by
disciplining subordinates they do not like, while allowing
the same behavior to go unpunished for those they do
like.
Dr. Kenneth Kee//HRM/T-10/UD:
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29.11.2007
Firing Employees Legally & Humanely
• Be sure that all supervisors understand
company policies and provide a termination
checklist for them to use
• Before deciding to dismiss an employee:
– Conduct a detailed review of all relevant facts
– To ensure consistent treatment, examine how
similar cases have been handled in the past
– After deciding on termination, the termination
interview should minimize the trauma for the
affected employee.
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Firing Employees Legally & Humanely (continue)
• Prior to conducting a termination interview, answer three questions:
• Who? – the responsibility for terminating rests with the manager of
the individual who is to be released; no one else has the credibility to
convey this difficult message
• When? – consider personal situations – birthdays, anniversaries, family
illnesses, and day of the week
• Where? – neutral territory – not the manager’s or the employee’s
office
• Five rules for the termination interview:
• Present the situation in a clear, concise, and final manner
• Avoid debates or a rehash of the past
• Never talk down to the individual
• Be empathetic but not compromising
• Explain the “next step” – severance, benefits, outplacement
arrangement
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What is a misconduct?
•
a misconduct occurs when an employee fails to obey reasonable instructions
from his/her immediate superior, and/or any designated person(s) who give
instructions/delegate work to the employee(s). A misconduct also means that
an employee fails to comply with the company’s rules, regulations or
circulars, or breaks the terms and conditions of the contract of employment.
EXAMPLES OF MISCONCUCTS:
•
MAJOR MISCONDUCT (SERIOUS OFFENCES) - murder, causing serious
bodily harm to superior(s), or fellow workers, extortion, possession of any
lethal weapon, taking part in anti-government activities or any illegal activities
against the company, intentionally or deliberately destroying company’s
properties, gambling of any form whether for money or not, embezzlement of
company funds.
•
MINOR MISCONDUCT( NOT SERIOUS OFFENCES) - coming late to work,
littering, leaving the office early without permission, wearing improper attire
to the office, improper use of the toilet, entertaining private visitor(s) in the
Company’s premises without permission, doing personal thing during office
hours, using company stationery and postage for personal correspondence.
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Who is responsible for
Discipline?
• all who manage people.
• anyone in authority; particularly front line supervisors and immediate
superiors.
• managers are ultimately responsible for discipline.
• managers have to set the example for discipline
• any manger or superior who is an effective leader will make the
discipline process lesser of a punishment (Leadership by example!).
• discipline comes from committed staff who want to raise the morale of
employees and their standard of work.
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What are the 2 types of Discipline?
A. NEGATIVE DISCIPLINE
negative discipline is traditional :VERBAL COUNSELLING ( WARNING )
WRITTEN WARNINGS
DEFFERRED INCREMENT
SUSPENSION WITHOUT PAY
DEMOTION
B. POSITIVE DISCIPLINE
positive discipline is correctional :-
FOCUSES ON CORRECTING EMPLOYEES BEHAVIOR
 ADVISES ON ATTITUDINAL CHANGE
 GIVES THE EMPLOYEE HIS SELRESPECT/SELF
WORTH
 DOES NOT CREATE HOSTILTY
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What are disciplinary rules and
procedures?
•
disciplinary rules and procedures are the means by which
rules are observed and standards are maintained. It provides
a method of dealing with any shortcomings in conduct or
performance and can help an undisciplined or poorly
performing employee to become effective again. The
consistent application of a fair and effective disciplinary
procedure will help to minimize disagreements about
disciplinary matters and reduce the need for dismissals.
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What are disciplinary rules and
procedures? (Con’t)
•
disciplinary rules and procedures are necessary for a variety of reasons:
1. employees know what is expected of them in terms of standards of
performance, e.g. time-keeping, quality and quantity of work.
2. allows for due process. It is a system that establishes procedural
consistency.
3. all employees know and understand the rules and procedures that will be
adopted if they do not meet the required standards of performance.
4. to inform employees of their rights in the event that disciplinary action
becomes necessary, for example, right to be represented, right to appeal.
5. to satisfy legal requirements.
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EXAMPLE OF DISCIPLINARY PROCEDURE
STEP 6
PUNISHMENT
(a) warning letter for minor misconduct
(b) stopped salary increment
(c) dismissal for major misconduct
(d) downgrading or demotion
(e) suspension from work without pay for one week
STEP 5
If not satisfied with letter of explanation from accused employee, or if the accused
employee commits a major misconduct, hold an inquiry to determine the facts.
STEP 4
Issued letter of CHARGE/ALLEGATIONS/SHOW CAUSE if the misconduct is serious
STEP 3
(a) if misconduct is repeated, issued SECOND WARNING LETTER
(b) if he still repeats the misconduct, issued him a THIRD and FINAL WARNING
LETTER
STEP 2
If misconduct is not serious, issued FIRST WARNING LETTER
STEP 1
(a) asked accused employee what happened?
(b) take down statements from accused employee.
HRMfrom
By: witness(es)
NOUV Brosh
(c) take down statements
if any
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EXAMPLE OF GRIEVANCE PROCEDURE RELATING TO DISCIPLINARY ACTION
STEP 4
STEP 3
STEP 2
STEP 1
FINAL DECISION OF DICIPLINARY BOARD
If the matter is still not resolved, it will be referred to the Director/GM within 4 clear
working days. The Director/GM may constitute a Disciplinary Board comprising 3 other
departmental managers. Investigations will be made and witnesses may be called to give
evidence.
If not within 3 clear working days, the grievance has not being resolved to
the satisfaction of the staff, the matter will be referred to the HR Manager for
mediation within a further period of 3 clear working days.
Any staff with grievance concerning disciplinary action taken by his/her superior
must immediately lodge it in writing to his/her Head of Department, within 3 days
by filling the GRIEVANCE REVIEW REQUEST FORM (PER/GRE/92)
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EXAMPLE OF GRIEVANCE PROCEDURE RELATED TO WORK OR GENERAL
GRIEVANCES
STEP 4
STEP 3
STEP 2
STEP 1
If the matter still remain unresolved, the HR Manager together with the Head of Department
will refer the matter to the Top Management for conciliation. Any decision made by the
Management will be final and it will notified to the complainant.
If the matter remain unresolved, the HR Manager will bring the matter up with the head of
Department concerned and tried to come up with a solution.
If the matter is not being satisfactorily resolved within a further 7 days, he/she may bring the
matter up to the HR Manager in writing stating the grievance(s). Upon receiving the letter of
grievance, the HR Manager will investigate the grievance(s) and conduct a grievance
interview with the staff concerned.
If a staff has a grievance related to work, within 10 clear working days, he/she should raise
the grievance with the immediate superior by filling the prescribed GRIEVANCE REVIEW
REQUEST FORM (PER/GRE/92). The immediate superior will arrange to meet with the
aggrieved staff to fully discuss the complaint upon receipt of the form and must give the
decision in writing to the staff concerned within 2 weeks .
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What are the implied duties of an employer to his employee?
1. pay agreed remuneration
2. indemnify the employee for reasonable expenses incurred
3. provide safety of the employee
4. provide work
What are the implied duties of the employee?
1. ready and willingly to serve his employer within the terms of
employment
2. to obey lawful and reasonable orders
3. to exercise due care and skill
4. to serve his employer honestly and faithfully
What is contract for service and contract of service according to
employment law?
contract of service is a contract, written or oral, express or implied to
execute personally any work. It usually implies a relationship of
“master and servant”.
 contract for service is a contract whereby the master has no such
right to control the work of the servant, i.e. a contract with an
independent contractor.
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Termination of Employees under the Cambodian Labor Law
Dismissal under fixed duration contracts, Labor Law Article 73.
Employer can terminate employee
with fixed duration contract at final date of contract.
1. no specific reason required, but employer must give prior
notice if contract for more than 6 months and depending on
the length of the contact. Employer must pay severance
amount according to collective agreement or at 5% of wage
during length of contract. Termination before final contract
date is permitted in case of serious misconduct. Early
termination for other reasons leads to payment of damages.
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•
Dismissal under undetermined duration contracts, Labor Law Articles 74-94.
Employer can
terminate employee with undetermined duration contract any time but:
(a) employer must have valid reason relating to the worker’s aptitude (including
skills, attitude, behavior) or based on the operation of the enterprise,
establishment or group.
(b) the dismissal must be in proportion to the reason. Not every aspect of the skill of
a worker justifies dismissal.
(c) employer must substantiate the valid reason: have a file with records, statements
that prove, e.g, that behavior of the employee is negative for the department
where s/he works and cannot be tolerated.
(d) employer must give prior notice, depending on the length of the contract.
(e) employer must pay lay off compensation(indemnity) depending on the length of
contract, expect if dismissal is given for serious misconduct.
(f) in addition, if employer cannot prove that he had a valid reason, he must pay
damages to the
employee.
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REMEMBER:
• Any disciplinary action must be proportional to the seriousness of the
misconduct. Not every misconduct justifies dismissal.
• The employer must prove that there has been serious misconduct: documents,
statements, records and/or any other evidences. For example, if the employee
had stolen some materials from the factory.
• example of a good procedure:
(I) after a misconduct, have a disciplinary meeting with the employee and
make a note of the meeting, to be signed by both parties.
(II) issue written warning, signed for acceptance by the worker.
(III) if misconduct is repeated, issue last warning.
(IV) put all notes and documents on file.
• Dismissal is the most drastic disciplinary action an employer can take. It is
therefore good practice to apply a series of incremental disciplinary steps so that
for a first offence, a written warning is given. This should be recorded so that a
file is built up and the principle of proportionality is being maintained. Consider
suspension as a possibility to investigate in order to determine objectively
whether an employee did in fact commit a serious misconduct.
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Reading case
Case 17-1 on Campus Food Systems on 575 to
576
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