CHR
660

Progressive discipline means you move through increasingly stronger counseling or training in an attempt at causing or convincing the employee, in question, to bring his or her performance to an acceptable level. The critical ingredients are due notice, a chance to improve, and a review process. The following are the usual steps

Step 1 Talk to the employee and explain what is wrong and what changes must occur.

Step 2 If performance remains unacceptable; tell the employee you appreciate his or her efforts to improve, if there were efforts. Then place these concerns, a description of the desired improvement, and suggestions for ways to accomplish the improvement in writing. ALWAYS place a warning about the consequences of failure to bring performance to an acceptable level such as, If your attendance does not improve and if this improvement is not sustained, you will be subject to discipline. Failure to put this warning in writing will cause an arbitrator or judge to assume the employee did not have sufficient warning of need to improve before being disciplined. In this case, the judge or labor arbitrator will most often decide for the employee. In fact step 2, a reprimand, is often considered formal discipline.

Step 3 If the employee's performance remains poor and you feel you have provided enough counseling and assistance to cause the employee to bring the performance up to acceptable level, then follow through with your statement concerning discipline. ALWAYS attach copies of all documentation (counseling memos, witness statements, pictures and etc that help form the basis of the decision to discipline) to the proposed discipline.

Step 4 Offer to talk to the employee and their representative (union, attorney, fellow employee, friend, relative) before the decision to discipline is final and always check out what they have to say. ALWAYS make sure of what you are doing and that your final decision is fair. At this point it is important to listen to the employee and to objectively review the evidence from the employee's point of view. Often this objective evaluation is not performed leading to poor discipline decisions and losing court and arbitration cases.

Step 5 Finalize the discipline by following your polices. A simple letter informing the employee of the final decision and the effective date of the discipline is the most usual method of informing the employee of the organization's decision. If your policies do not prohibit it is best to let the employee go immediately with two weeks of extra pay to soften the blow, thus, avoiding any worker's compensation difficulties.

From India, Gurgaon
Ed Llarena, Jr.
89

Hi!

I look at "Progressive Discipline" as a "step-ladder" approach in imposing a sanction within an organization, based on its Code of Ethics/ Discipline and related labor laws.

Progressive discipline can start from Verbal Warning and end up in Dismissal. The normal steps are as follows:

First Offense = Verbal Warning

Second Offense = Written Warning

Third Offense = Light Suspension (e.g. 15 workdays)

Fourth Offense = Heavy Suspension (e.g. 30 workdays)

Fifth Offense = Dismissal

The imposition of the "increasing" penalty or sanction presupposes the same type of offense, for the same employee, within a specified timeframe, normally within the same year.

We have to understand, however, that there are offenses that are "terminable" even with the first offense. Of course, this situation depends on the corporate culture and the labor laws where the company operates.

Dismissal must always be imposed with due process. Due process means:



1. Written Notice on the Offense (First Notice)

2. Hearing on the Case (Opportunity to be Heard)

3. Written Notice on the Decision to Dismiss (Second Notice)

Best wishes.

Ed Llarena, Jr.

Managing Partner

Emilla Consulting


From Philippines, Parañaque
Paladin
9

CHR makes excellent points regarding discipline. I just want to add two items.

1. Progressive discipline is the appropriate response for non-serious violations of Company Rules, i.e. bringing food/drink onto the shop floor;

operating equipment without proper training; failure to observe parking/driving regulations within the plant, and the like.

Suspension, subject to discharge is the appropriate response for serious breaches of good order, i.e. fighting, possession of alcohol, drugs, firearms in the workplace; gross insubordination, and the like. The proper procedure would be to direct the employee(s) to leave the plant, return the next scheduled workday for a hearing wherein they could present their reasoning for their actions. Management has the obligation to listen and reflect diligently and then come to a decision. That decision must be communicated to the employee(s) and their representatives, if applicable, in writing.

2. Severance Pay - "two weeks" - is never offered except in difficult or hard to prove cases, where a deal is formulated resulting in the employee's resignation versus discharge. In fact, the employee loses all Company provided benefits and, in some cases, even some benefits (s)he has accrued such as vacation. The forfeiture of benefits is seen as a deterrent to adverse employee action.

From United States,
lemontree
Hi

I found that a Jenny asked same question in this forum 1 month ago.

Please use search box at the top of site to find this question.
Apart from that, you also ref more information at: Labor discipline books

Rgs

From Vietnam, Hanoi
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