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DISCIPLINE AND DISCIPLINARY ACTION Dr. Rajesh kamath Assistant Professor-senior scale Prasanna School of Public health Manipal Academy of Higher Education.

Discipline is the primary responsibility of the management. The management must make it known to the employees what standards it expects from them. If employees do not know what standards are expected of them, their conduct is likely to be misdirected..

The management must apply standards in a consistent, fair and flexible manner. The primary purpose of disciplinary measures is to influence…??? …the future behaviour of the offending employee and the other employees..

A favourable effect on future behaviour will be obtained only if the disciplinary action is… …regarded as fair. Full consideration must be given to the provocation for the undesirable action. The previous conduct of the employee must also be taken into consideration..

Disciplinary action can have widespread impact on other employees. If the action is too harsh, it can make the employee a m…??? …martyr and cause discontentment through the department and/or hospital. Especially if the employee is affiliated to a union..

If, on the other hand, the treatment is too lenient, the interpretation may be that the management considers the misconduct of minor consequence. The management must not first turn a blind eye to violations and then suddenly crack down disproportionately on someone. This will not serve the purpose. Instead there have to be rational, proportionate responses to all manner of violations..

Negative incentives vs Positive incentives. Can you name some negative incentives??? W…??? Warning, F…??? Fine, S…??? Suspension, T…??? Termination.

Negative incentives vs Positive incentives. Can you name some positive incentives??? P…??? Praise, P…??? Promotion, In…??? Increments, In…??? Incentives.

Negative incentives vs Positive incentives. So, as Hospital administrators, how would you want to maintain discipline? Positive incentives can create an organisational atmosphere where employees willingly abide by the rules which they consider fair… …and they are likely to remain with the hospital because the hospital offers them the opportunities they desire..

SIMPLE WAYS TO RESOLVE DISPUTES. 1. Listen 2. Induction programme 3. Meetings 4. Voice in decision making 5. Get-togethers 6. Sports.

SIMPLE WAYS TO RESOLVE DISPUTES. 1. Listen : All employees must have a platform to air their grievances. The grievances must be given sound and objective listening. A fair and clear grievance procedure is crucial to maintaining harmony and resolving disputes. A good counsellor in whom employees can confide, may be able to provide a third person perspective..

SIMPLE WAYS TO RESOLVE DISPUTES. 2. Induction programme : A comprehensive programme to orient all new employees to the hospital philosophy and policies. An unambiguous job description would mean that everyone has well defined areas of responsibility and acocuntability..

SIMPLE WAYS TO RESOLVE DISPUTES. 3. Meetings : Meeting to discuss common issues ensures an open and two way communication among employees. Helps in finding solutions to problems. Meetings must be well structured with the agenda circulated amongst the members in advance..

SIMPLE WAYS TO RESOLVE DISPUTES. 4. Voice in decision making : Hospitals must encourage employees to air their views and give inputs on all relevant issues so that… …there is a participatory organisational culture. Some ways to do this would be… Meetings Hospital magazine Complaint box E-mail.

SIMPLE WAYS TO RESOLVE DISPUTES. 5. Get-togethers : Getting together on occasions like Annual day of the hospital, Deepawali, Christmas, help in personal bonding. Cultural programs in which employees exhibit their talents break barriers..

SIMPLE WAYS TO RESOLVE DISPUTES. 6. Sports : Sports events can be organised within/between departments as rapport building exercises..

COMPLAINT PROCEDURE. If there is still a complaint, then the administrators would need to follow procedure as under : All complaints arising out of employment,… …including those relating to unfair treatment or wrongful exacting of money on the part of the management,… …should preferably be referred to the…??? …H.O.D. of the department in which the employee is working..

COMPLAINT PROCEDURE. If the employee is not satisfied with the H.O.D.s decision or if the H.O.D. so wishes,… …the complaint should be referred to the chief executive of the hospital. What will the Chief executive do??? He can appoint an officer or a committee to investigate the complaint. He can ask the H.R. manager to conduct a formal enquiry. Whatever decision is taken can be communicated to the employee through the Head of the Department..

COMPLAINT PROCEDURE. Similarly, if a superior has any complaint against his subordinate for not carrying out his instructions,… …or if a patient has a complaint against any employee of the hospital, then what should the management do??? The management must never take action on an oral complaint. The management must obtain the complaint in writing and only then take action on the complaint. The complaint must always be addressed to the Chief executive of the hospital..

PRELIMINARY ENQUIRY. In cases of misconduct, before the chief executive decides to issue a formal chargesheet and hold a regular enquiry, he should…??? …try to determine whether there is a prima facie case against the accused employee by ordering a…??? …preliminary enquiry..

PRELIMINARY ENQUIRY. If it is found that the allegation against him is of a…??? …minor nature not warranting disciplinary action,… …he should be let off with a warning. If the misconduct appears to be of a grave nature,…??? …a regular enquiry must be initiated on the basis of the evidence available at the preliminary enquiry..

PRELIMINARY ENQUIRY. Holding of a preliminary enquiry is always desirable because holding a regular enquiry is a serious matter. But a preliminary enquiry has limitations : ??? An employee cannot be __?__ on the basis of a preliminary enquiry. Punished An employee can be punished or exonerated only on the basis of a…??? …regular enquiry..

DISCIPLINARY ACTION. Disciplinary action is generally confined to the punishment of the erring employee to prevent his undesirable behaviour in future. This is one of the easiest tasks that face an administrator. Right?? It is one of the hardest tasks facing an administrator..

ESSENTIALS OF A GOOD DISCIPLINARY PROCEDURE.. A good disciplinary procedure must incorporate the following points : 1. There should be a written statement of the policy of the organisation with regard to discipline. This statement should be a part and parcel of the personnel policies. If an employee’s information booklet is provided, the statement should be published in it so that all employees know what constitutes misconduct..

ESSENTIALS OF A GOOD DISCIPLINARY PROCEDURE.. 2. The rules and the reason for each rule should be clearly stated. 3. The exact authority and responsibility for each step must be explicitly defined in unambiguous language so that it is understood by all concerned..

ESSENTIALS OF A GOOD DISCIPLINARY PROCEDURE.. 4. All cases of misconduct must be dealt with promptly and firmly because delayed action in such cases would encourage indiscipline among the employees. 5. All employees, irrespective of post, should receive equal punishment for the same misconduct..

ESSENTIALS OF A GOOD DISCIPLINARY PROCEDURE.. 6. Disciplinary proceedings must be held in camera. In camera (Latin: "in a chamber") is a legal term that means…??? …in private. Generally, in-camera describes court cases, parts of it, or process where the public and press…??? …are not allowed to observe the procedure or process. In-camera is the opposite of… …trial in open court where all parties and witnesses testify in a public courtroom..

ESSENTIALS OF A GOOD DISCIPLINARY PROCEDURE.. Entire cases may be heard in-camera when, for example, matters of __?__ are involved. National security In-camera review by a Judge may be used during otherwise open trials—for example, to protect trade secrets or… …where one party asserts privilege (such as attorney–client privileged communications). This lets the judge review documents in private to determine if revelation of documents in open court will be allowed..

ESSENTIALS OF A GOOD DISCIPLINARY PROCEDURE.. The Supervisor must never be questioned in the presence of his…??? …immediate subordinates..

ESSENTIALS OF A GOOD DISCIPLINARY PROCEDURE.. 7. There should always be a provision for appeal in all disciplinary cases..

MISCONDUCT. Misconduct is an act of O…??? ..Ommission or...??? …Commission mentioned in the personnel policies..

MISCONDUCT. The cases of misconduct that are most common in hospitals are : 1. Tardiness 2. Habitual late attendance. 3. Leaving duty before the scheduled time. 4. Unauthorised leave from work..

MISCONDUCT. 5. Absence from place of duty 6. Use of bad language. 7. Bad behaviour with patients. 8. Tampering with hospital records..

MISCONDUCT. 9. Deliberate damage to Machines and Materials. 10. Habitual disregard of work and rules. 11. Insubordination 12. Sabotage 13. Gambling.

MISCONDUCT. 14. Theft 15. Fraud 16. Dishonesty with employer’s business 17. Taking or giving bribes. 18. Riotous or disorderly behaviour 19. Striking work 20. Inciting others to strike work..

PROCEDURE FOR DISCIPLINARY ACTION. The management starts the procedure of disciplinary action against an employee by issuing a Charge sheet. The employee has an opportunity to explain his conduct. Therefore, it is sometimes called a “show-cause” notice..

Model charge sheet. Name and address of the hospital Date : Designation : Department : Through : _____(Mention name of the department head) You are hereby charged as under :.

Model charge sheet. 1. Mention here the allegations, briefly stating time, date, place of incident, and in whose presence the incident occurred. Use the exact words in English (with vernacular translation) which transpired at the time of the incident..

Model charge sheet. 2. You are hereby required to show cause within 72 hours of the receipt of this notice as to why disciplinary action as may be deemed fit and proper in the circumstances of the case, be not taken against you. If you fail to submit your written application within the stipulated time, it will be presumed that you have no explanation to offer and accept the charges. The case will be disposed off without further reference to you. (Name of chief executive) Designation.

Model suspension letter. If the charges are of a very serious nature, the employee should be suspended as well, so that he may not tamper with the records and mislead witnesses..

Model suspension letter. Name and address of the Hospital Date : Name of employee : Designation : Department : Through : (Mention name of his department head ).

Model suspension letter. Certain allegations amounting to serious misconduct have been levelled against you. Since the allegations made against you are of a serious nature, you are hereby suspended with immediate effect pending further proceedings and final order in the matter. The chargesheet will follow. (Name of chief executive) Designation.

PROCEDURE FOR DISCIPLINARY ACTION. Thus, a domestic enquiry first requires the framing of charges with details of the offence in the form of a charge sheet requiring the employee to show cause as to why appropriate action should not be taken against him. After the charge sheeted employee has given his written explanation, it should be examined..

PROCEDURE FOR DISCIPLINARY ACTION. In case the explanation given by the employee is not satisfactory, an enquiry letter should be issued, giving him reasonable time (say 72 hours) to prepare his case and to arrange his witness, if any..

MODEL ENQUIRY LETTER. Name and address of the Hospital Name of charge sheeted employee Designation Department Through : (Name of the department head) Your explanation dated ___ has been considered and it has been decided to hold a written enquiry into the charges levelled against you..

MODEL ENQUIRY LETTER. Accordingly, you are hereby advised to present yourself in ____(place) at ____(time) on ___(date) for the purpose of the enquiry to be held by Mr._______. You will be given full opportunity to produce your defence by examining your witnesses and cross-examining the witnesses as may be examined by the management of the hospital..

MODEL ENQUIRY LETTER. The enquiry will be held in ____(vernacular language) and you are allowed to bring any fellow employee of the hospital to assist you in the enquiry, if so desired. Please note, should you fail to report on the aforesaid date and time for the purpose of enquiry, the same will be conducted ex parte. (Name of chief executive) Designation.

MODEL ENQUIRY LETTER. c.c. 1. Mr._____, enquiry officer, with the request to conduct the enquiry expeditiously. A copy of the charge-sheet is also enclosed for your ready reference. Please provide photo copies of enquiry proceedings to the charge-sheeted employee as well as the management representative after enquiry everyday..

MODEL ENQUIRY LETTER. c.c. 2. Mr.____, personnel officer, with the request to represent the management’s case. Note: In case the charge-sheeted employee has been suspended, the enquiry letter may be sent by registered post on the address given by him..

PROCEDURE FOR DISCIPLINARY ACTION. A person who conducts an enquiry is called an enquiry officer. He should be impartial and qualified to act in that capacity..