Employee Relation and

Employee Discipline

CHAPTER 12
 what do you mean by
Employee Relations and Employee
Discipline?

 OBJECTIVES
To understand the following:
The Importance of Labor Relations
Employee discipline
Disciplinary Action
Prevention of Employee Misconduct
Categories of Difficult/Problem
Employee
Discipline or Infraction Cases
Addressing Employee Conduct Problems
Approaches to Discipline
Elements of a Disciplinary Program
The Disciplinary Process
Art. 282. Termination by Employer
(Dismissal)
Rights Afforded to an Unjustly
Dismissed Employee
The Importance of Labor
Relations
Employee relations are concerned with generally
managing the employment relationship and
developing a positive psychological contract. In
particular they deal with terms and conditions of
employment, issues raisin from employment,
providing employees with a voice and
communicating with employees. are dealt witheither
directly or through collective agreements where
trade unions are recognized.
Employee relations is the one discipline within human resources that connects
with very aspect of employment. Compensation and benefits, workplace safety,
recruitment and selection, and performance management are other disciplines
with the human resources field.

Employee discipline is an employer's actions

against an employee for infraction of
company policy or rules. An employee may
also be disciplined for misconduct that
adversely affects the efficiency of the
organization. Employees may also exhibit
problems with their performance that may
stem from the lack of knowledge, skill, or
ability (KSA) to successfully perform the
duties of their position.
Disciplinary Action is the most appropriate avenue
in which to address misconduct directly related to
the performance of assigned duties. Disciplinary
action is the most appropriate avenue in which to
address misconduct directly related to the
performance of assigned duties.

 Prevention of Employee Misconduct

Discipline is something that can only be imposed after an act of misconduct
has already occurred. but manners and supervisors can use strategies to
prevent misconduct before it occurs. When an set of employee misconduct
does occur supervisors should know how to deal with the situation
effectively.

Categories of Difficult/Problem
Employee
Ineffective employee/with
unsatisfactory performance

With personal problems

Rule violators

Substance abuse

Illegal or dishonest acts

Discipline or Infraction Cases
Rules and regulations governing personnel discipline may contain the following
infractions covering the following subjects:

1. Against Person 4. Attendance and

Punctuality

3.Orderliness/Good
2. Against Property
Conduct

 ADDRESSING EMPLOYEE
CONDUCT PROBLEMS
1. Discuss any misconduct or performance problems directly
with the employee.

2. Clearly explain expectations to the employee and review

any rules, regulations, or policies in the area where the
employee is exhibiting problems.

3. If applicable, develop a plan with the employee directed at

helping to improve misconduct.

4. Give the employee periodic and specific feedback.

5. If misconduct continues, the supervisor may choose to

orally admonish the employee, providing a strong message
that further incidents of similar misconduct may lead to a
more formal action.
 Approaches to Discipline

A. Hot Stove Rule by Douglas McGregor

This approach to discipline is discussed in
terms of what happens when a person
touches a hot stove.The consequences are:

1. A warning system 4. Impersonal

2. An immediate burn 3. Consistency

B. Progressive Discipline This is an

approach in which a sequence of penalties
is administery each one slightly more
severe than the previous one.
C. Positive/Corrective Discipline The
advocates of this approach view it as
future-oriented, as it involves working E. Preventive Discipline 198 This is
with employees to solve problems so the action taken by companies to
that problems do not occur again. encourage employees to follow
standards and rules so that
infractions do not occur.
D. Negative Approach This approach
emphasizes the punitive effects of
undesirable behavior. The purpose is
to punish employees for mistakes and
it is usually severe to remind others of
the consequences of wrongdoing.
 F. Counseling Approach The erring employee is counseled rather than
progressively penalized for the first few breaches of rules and regulations. This
approach believes that employees can be constructively corrected without
penalty.

First offense - Third offense - entails an

given a private discussion evaluation of the whole
Second offense - management schema
entails a corrective approach
 Elements of a Disciplinary Program
An effective, comprehensive, and successful disciplinary
program should contain the following elements:

a. Code of Conduct - a handbook that is provided to every

employee explaining what is expected and unacceptable
behavior.

b. Knowledge of disciplinary punishments - employees should

know what penalties would occur with certain offenses.

c. Appeal procedure - employees should 'have the opportunity to

voice their side of the story.

d. Reservation of right - includes a statement that the firm has the

right to modify the policy.

e. Fair discipline - discipline must be applied consistently to all

employees in an unbiased way.
 The Disciplinary Process
The disciplinary process should follow a sequence of increasing severe
penalties for wrongdoing. The process is called progressive discipline
because the disciplinary action becomes increasing
1. Informal talk - this may occur in cases where the misconduct is very minor.

2. Verbal warning - a simple comment by a supervisor to warn employees that certain acts are
not acceptable.

3. Verbal reprimand - the supervisor informs the employee that the situation is not
acceptable and improvement is required.

4. Written reprimand -A written description of the problem and the disciplinary

action.

5. Suspension - if an employee fails to respond to the written reprimand and persists in

wrongdoing, suspension is applied where an employee is not allowed to work for a period of
time and his/her compensation is reduced accordingly.

6. Demotion - This step will occur when it becomes necessary to use against the employee
before termination.

7. Discharge/dismissal - represents the final step in the disciplinary process.

 Art. 282. Termination by Employer (Dismissal)
An employer may terminate an employment for any of the following just
causes:
1. Serious misconduct or willful disobedience by the employee of the lawful
orders of his employer or representative in connection with his work;

2. Gross and habitual neglect by the employee of his duties;

You sent

3: Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly nuthorized representntive;

4. Commission of a crime or offense by the employee against the person of his

representatives: and employer or any immediate member of his family or his duly
authorized

5. Other causes analogous to the foregoing. Due process is the mechanism that
ensures both rights of management, i.e., to employee discipline and the
prerogative to dismiss employee, and the right of an employee to a security of
tenure, is respected.
It is the process affording the employee of the opportunity to be informed of his/ her alleged violation(s) and to be
heard or to explain his/her side Due process has two elements:
1. The Substantive Due Process
2. The Procedural Due Process
Substantive due process provides the ground for disciplinary action, i.e., corrective or
retributive.
Procedural due process provides the procedure on how to go about hearing the side of the employee and evaluating all facts and
evidences against the allegation. Procedural due process must follow the twin notice rule:
(1) notice to explain and (2) notice of decision.
1. A notice of intent to dismiss specifying the ground for termination, and giving to said employee reasonable opportunity within
which to explain his or her side;
2. hearing or conference where the employee is given opportunity to respond to the charge, present evidence, or rebut the evidence
presented against him or her;
3. A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify the
termination.
In a termination for an authorized cause, due process means a written notice of dismissal to the employee specifying the grounds
given, at least 30 days before the date of termination. A copy of the notice shall be furnished by the Regional Office of the
Department of Labor and Employment of the Philippines (DOLE).
When due process is not observed, it will result to any or combination of the following:
1. Illegal dismissal or suspension
2. Illegal dismissal will result to reinstatement and payment of back wages.
3. Illegal suspension, on the other hand, will result to payment of lost wage.
 Grounds for an Employee to Question the Dismissal

An employee may question his or her dismissal based on substantive or procedural grounds.

he substantive aspect pertains to the absence of a just or authorized cause supporting the dismissal.

The procedural aspect refers to the notice of termination or the opportunity to present an explanation.

Rights Afforded to an Unjustly Dismissed Employee

an employee who is dismissed without just cause is entitled to any or all of the following:

1. Reinstatement without load of seniority rights, or separation pay , reinstatement is not possible.

2. Fill back wages, inclusive of allowances and other benefits, or their monetary equivalent from the time compensation was with held
from him or her up to the time of reinstatement.

3.Damages and attorney's fees if the dismissal was done in bad faith

4. Reinstatement Reinstatement means restoration of the employee to the position from which he or she has been unjustly removed.

5. Full back wages Full back wages refer to all compensations, including allowances and other benefits with monetary equivalent, that
should have been earned by the employee but was not collected by him or her because of unjust dismissal.