Employee discipline: Employee discipline According to Richard D.

Calhoon,
“Discipline is the force that prompts individuals or groups to observe rules,
regulations, standards and procedures deemed necessary for an organization.”
Therefore discipline means securing consistent behaviour in accordance with the
accepted norms of behaviour. I am sure you will agree that discipline is essential in
every aspect of life. It is equally essential in industrial undertakings. Simply stated,
discipline means orderliness. It implies the absence of chaos, irregularity and
confusion in the behaviour of workers.

Nature of Discipline: Nature of Discipline According to Megginson, discipline

involves the following three things. Self-discipline implies that a person brings the
discipline in himself with a determination to achieve the goals that he has set for
himself in life. Orderly behaviors refers to discipline as a condition that must exist for
an orderly behaviors in the organization. Punishment is used to prevent indiscipline.
When a worker goes astray in his conduct, he has to be punished for the same and
the recurrences of it must be prevented. Discipline can either be positive or negative.
Positive discipline involves creation of an atmosphere in the organisation whereby
employees willingly conform to the established rules and regulations. Positive
discipline can be achieved through rewards and effective leadership. Negative
Discipline Under negative discipline, penalties are used to force the workers to obey
rules and regulations. In other words, workers try to adhere to rules and regulations
out of fear of warnings, penalties and other forms of punishment. This approach to
discipline is called negative or punitive approach.

Symptoms of general indiscipline: Symptoms of general indiscipline Change in

the normal behaviors, Absenteeism ,Increased grievances, Lack of concern for
performance, Lack of concern for job Late coming etc.

Causes Of Indiscipline

Unfair Management Practices: Management sometimes indulges in unfair practices

like: Wage discrimination, Non-compliance with promotional policies and transfer
policies, Discrimination in allotment of work, Defective handling of grievances,
Payment of low wages, Delay in payment of wages, Creating low quality work life etc.
These unfair management practices gradually result in indiscipline.

Absence of Effective Leadership: Absence of effective leadership results in poor

management in the areas of direction, guidance, instructions etc. This in turn, results
in indiscipline.
Communication Barriers: Communication barriers and absence of humane
approach on the part of superiors result in frustration and indiscipline among the
workers. The management should clearly formulate the policies regarding discipline.
These policies should be communicated and the policies should be consistently
followed in the organisations. The management should also be empathetic towards
the employees.

Inadequate attention to personnel Problems: Delay in solving personnel

problems develops frustration among individual workers. The management should be
proactive so that there is no discontent among the workers. It should adopt a parental
attitude towards its employees. However it should be noted that no relationship can
continue for long if it is one sided. Workers should also live up to their commitments.
They should be reasonable in their demands.

Victimisation: Victimisation of subordinate also results in indiscipline. The

management should not exploit the workers. It is also in the long-term interest of the
management to take care of its internal customers.

Absence of Code of Conduct. This creates confusion and also provides chance for
discrimination while taking disciplinary action.

The Hot-Stove Rule

The “Hot Stove Rule” of Douglas McGregor gives a good illustration of how to
impose disciplinary action without generating resentment. This rule draws an
analogy between touching a hot stove, and undergoing discipline. When you touch a
hot stove, your discipline is immediate, with warning, consistent, and impersonal.
 PRINCIPLES OF DISCIPLINE
Over several decades of labor-management relationships, several principles
on discipline have emerged. Some of them are as follows:

1. Disciplinary action should not be taken unless there is an obvious necessity

for it. Have all the facts; know just what you want to do, and where necessary,
secure approval in advance on any proposed action.

2. The reasons for disciplinary action should be made clear. In the case of
negative action, the statement of the reasons should be accompanied by an
explanation of the manner in which the disciplinary action may be avoided in
the future.

3. Give the man a chance to present his side of the story, and do not argue.
Know what’s in the employee’s mind, it helps in discovering the “why” of his
actions.

4. There should be no favouritism or discrimination in any disciplinary action.

Consistency in disciplinary action is extremely important. In general, it is more
important than the degree of severity.

5. Reproof or reprimand should be given as soon as possible after the

occurrence of the act. Right timing is important, but first have all the facts.

6. Never discipline anyone in the presence of others.

7. Forgive and forget. When disciplinary action has been given, the supervisor
should resume a normal attitude toward the offending employee.

8. The discipline that is inflicted must be just, but sufficiently severe to meet the
requirements of the situation.

9. Disciplinary measure should be applied by the immediate supervisor of the

employee affected, rather than by some other higher executive.

10. In general, negative disciplinary action cannot be successfully applied to large

groups of employees representing a substantial portion of one’s organization.
If there is poor discipline among a large group, it is possible that there is
something vitally wrong in the situation. The remedy is correction of the
situation, not a disciplinary action.

11. In determining the nature and degree of disciplinary action that is made
necessary by some improper act of an employee, the intent should be
considered.
 12. Discipline should be constructive – it should show the offender how to correct
his errors and leave him willing and anxious to improve rather than feel bitten
and resentful.

13. Except in cases of extremely serious offenses, no disciplinary action should be

permitted to take place until the supervisor has actually talked the situation
over with the employee.

14. Discipline should not be administered on an entirely routine basis – each case
should be treated individually. You cannot discipline a group to teach a few
offenders.

15. Maintain a constant and sincere interest in your peoples’ welfare on and off
the job – this reduces the need for disciplining to a minimum.

16. Motivation is the secret of good discipline. When a man is sufficiently

motivated, discipline will take care of itself.

FORMULATING POLICIES AND RULES ON DISCIPLINE

Discipline is one of the most difficult jobs of management, especially the

supervisor. Supervisors need to have guidelines. Management should therefore
formulate policies and rules for the guidance of all employees.

Definite policies and rules related to the disciplinary process should reflect the
general principles and purposes of top management in the enterprise. Many
business and industrial firms have a written document defining the discipline police of
the firm. Written policies covering plant regulations, personal conduct, and discipline
must be made available to all concerned. This action is necessary in order to be
consistent with a concept of discipline which emphasizes the education and
development of the employee. Written policies and rules establish a code of
behaviour for the workers and give the supervisor direction on how to lead, guide and
make decisions. In formulating policies and rules in a business firm, the following
guidelines may be considered.

1. Rules and regulation should be expressed in a language that is

understandable to all and circulated and explained so that nobody could say “I
did not know.”

2. Definite responsibility for each step in the disciplinary process must be clearly
established.
3. The rules must be reasonable, fair and lawful and known to the employees.
There should be a basis for each rule and this basis should be explained
especially to the supervisors.

4. The rules should provide for uniform penalties and for consistent application
on similar violations committed under similar circumstances.

5. The rules should suit the circumstances. In view of the differences in

circumstances the experience of one company may not necessarily be
applicable to another company. For example, in an oil refinery, the violation of
a “no smoking” sign inside the plant may merit outright dismissal although in
another company, the infraction of a similar sign may not merit such a severe
penalty.

6. The rules should establish the proper procedure for investigating the
background and circumstances of each case before disciplinary action is
taken.

7. When guilt is established, the appropriate disciplinary measure should be

promptly and consistently applied.

8. Discipline should be corrective and constructive not vindictive or punitive.

9. In cases of disciplinary action involving suspension, it is necessary to report

such actions to the Department of Labor within five days after the effective
date of suspension as required in the Labor Code.

10. In cases of terminations as well as preventive suspensions, prior clearance

must be secured from the Department of labor.

11. To avoid possible bias or prejudice in the imposition of a sanction, the deciding
supervisor should consult with his immediate superior, the company’s legal
counsel, and/or the Personnel Department before deciding to take disciplinary
action.

12. All records pertaining to offenses and sanctions imposed should be kept in the
employee’s file or personal folder.

13. It would be advisable to decide whether or not some offenses should have
prescriptive periods. For instance in some firms, the sanctions on tardiness
and absenteeism prescribe after a period of one to two calendar years.

14. Disciplinary process should at all times respect the procedures of the
grievance machinery. No sanctions for offenses should be imposed without
observing due process.
How should a policy or rule be imposed?

When supervisors are lenient or lax in enforcing discipline, employees

are apt to take advantage of, and abuse such leniency. This is a sign of
weakness in supervision. When the company decides to enforce its rules
rigidly or when it formulates new rules and procedures, it usually issues a
written directive to this effect. Policies and rules should be reviewed to be
sure there are no inconsistencies in their provisions. If some policies and
rules are enforced while others are not, they eventually lose their
effectiveness.

Employee Communication

In employee relations, communications has emerged to be necessary

functions in personnel management. There are several areas where good
communications with employees are important. Some of these are:

1. In disciplinary cases, communicating through counselling is necessary to

enable self improvement through self-discipline.
2. In complaints and grievances. In most cases, the problems which are the
subjects of complaints and grievances could be solved through proper
communication with the employee.
3. In employee attitude and behaviour. These may involve psychological
problems. Negative attitude and bad behaviour of an employee may be
the result of lack of understanding of certain matters about the company
and his relationship with the people around him.
4. In interrelationships either with the employee’s co-workers or with his
superior. When those situations arise, there is no better way than to talk
with the employee involved.

Importance of Informal Communication

It is an antidote to bigger labor problems. The company should

therefore provide for a means by which employees can communicate with
management particularly through the supervisor about the work or problems in
the department.
 Rumors and Gossips

Rumors are common problems in any organization especially if

communication is absent or inadequate. There are several causes of rumors
and gossips. The most common are fear, hatred, wishful thinking, jealousy,
prejudice, selfishness.

Psychologist say that people who are not kept busy become nervous
and anxious and if not well adjusted are more likely to be the source of rumors
than others. A good leader must keep his eye on such persons in a crisis.
Rumors or gossips could be avoided or stopped by good communication.

Rumors could not be rumors if the facts were evident and clear.
Therefore, a decision or action must never be made on the basis of a rumor.
In short, never trust a rumor.

CORRECTIVE DISCIPLINARY ACTION

The supervisor should take corrective disciplinary action to eliminate or

minimize poor performance of an employee and minimize its negative effects upon
the morale of the other employees. Disciplining an employee is never a pleasant
task, and it is often difficult to know just what action to take under the different
circumstances. Disciplinary action should be resorted to only when all other
measures have failed.

Objectives of Corrective Action

Corrective actions are taken for a variety of reasons among which are:

1. To improve the unsatisfactory performance or behaviour of an employee for

the good of the organization and to cushion its effects on the morale of other
employees.

2. To help employees learn to discipline themselves willingly and cheerfully and

become “self-disciplined.”

3. To make the group restrain an individual member and help him correct himself
instead of making him feel like a hero for his violations.

4. To make the group develop a group discipline and to help it grow into a loyal
and cooperative group.
 If the supervisor wants to maintain morale in his department and to have an
efficient, productive group, problem employees must be dealt with intelligently.
Effective discipline does not only attain desirable responses from individuals but it
also helps them to develop desirable norms of conduct or self-discipline. Respect for
one another is the beginning of good discipline. Effective assigns responsibility
among the members of the group so that violations against the group as they are
against the manager or the firm. The group then restrains the individual and helps
correct him instead of regarding him a hero for having gotten away with infractions of
rules.

A discussion paper prepared by the Personnel management Association of the

Philippines outlined two steps for corrective action:

1. After the area of unsatisfactory job performance or attitude toward the job or
improper conduct has been determined, the first step to take is to discuss with
the employee his shortcomings or his unsatisfactory behaviour.

2. If unsatisfactory behaviour continues or increases after the corrective

counselling interview, then the second step is to take disciplinary action.

The extent to which management may take corrective steps is usually

governed by company policy and procedures or by the union contract, or by both.
The evidence against an erring employing must be given thorough consideration, and
any mitigating factor in the employee’s attitude and past record must be taken into
account. Management must also recognize the right of an individual employee to
have recourse to the grievance procedure. He should be told that he has certain
rights that he can invoke if he feels that he has been treated unfairly.

Taking corrective steps requires high standards of fairness to all in order to

avoid employee unrest. The main concern of the supervisor is to administer
corrective action equitably and without discrimination. It must be used as a means to
an end and its purpose must be to develop the employee and the group to cooperate
in the attainment of company objectives. Supervisors should observe the three “F’s”
of discipline, namely: Fairness, Firmness, and Friendliness.

It is important to keep in mind that every situation requiring discipline, or

corrective action, will probably differ from another in the nature, facts, and individuals
involved.

Another aspect of discipline concerns performance on the job. In the

performance of his job, an employee may commit an honest mistake or a minor error
which is correctible, not punishable. This should be differentiated from serious
infractions involving company policies and regulations and should be handled
tactfully on a case-to-case basis. Giving too much emphasis on “avoiding errors”
may lead to a do-nothing attitude which stifles initiative and kills enthusiasm specially
among employees in the supervisory level. In this situation, a supervisor, in order to
avoid the commission of mistakes or errors, postpones or avoids a decision, or
passes the buck to someone else. He plays it safe by just following instructions to
the letter, regardless of results.

Before deciding upon a disciplinary action, certain questions must be

answered:

(1) How serious is the offense?

(2) How much trouble has been caused?
(3) Are there others involved?
(4) How does the offense affect others?
(5) what are its consequences?
(6) Is the contemplated penalty reasonable under the circumstances?

The effectiveness of a disciplinary action may be tested by checking whether

or not the action taken has improved the morale of the employee and of the group.

Causes for Dismissal, Demotion or Suspension. Any permanent

or probationary employee may be dismissed, demoted or suspended for the following
causes:

a. Immoral conduct.

b. Unprofessional conduct.

c. Dishonesty.

d. Incompetency.

e. Addiction to the use of controlled substances.

f. Failure or refusal to perform the normal and reasonable duties of the position.

g. Conviction of a felony or conviction of any misdemeanor involving moral turpitude.

h. Fraud in securing appointment.

i. Drunkenness on duty.
Pointers on How to Get Good Discipline

1. Respect is the beginning of good discipline

a. Mutual respect between supervisor and employee.
b. Fair treatment and understanding
c. Don’t make promises you or the company cannot fulfil

2. Authority vs. Respect

a. People believe in authority
b. They respect the superior who respects the workers, is fair in the dealings,
and uses principles of human relations.
c. Respect must be earned, not demanded.
3. Understanding of company policy, rules and regulations.

4. Best time to build discipline:

a. New worker through induction of orientation
b. Effective teaching and counselling at all times.

5. Discipline should always be constructive: Discipline in private, praise in public.

6. Discipline has to be maintained through self-discipline and good leadership.

7. Give workers enough training
a. Worker knows what is expected of them.
b. Worker knows his job and its purpose.

8. Proper reception of complaints and grievances: Open door policy.

9. Setting good example and sincerity.

Application of Human Relations in Discipline

Certain traits or qualities of supervisors can lead to positive discipline. Among

these are:

1. Understands the principles, rules and regulations necessary to good conduct

and proper attitude.
2. Knows his people as individuals, and treats them fairly and impartially.
3. Develops the feeling of belongingness and security in the group.
4. Communicates with his group through proper channels, and promptly
eliminates rumors.
5. Knows how to listen to his subordinates.
6. Uses his authority sparingly and always without displaying it.
7. Delegates responsibility and authority as far down the line as possible
8. Develops team spirit in the group.
9. Never makes issues on minor infractions or personal issues of disciplinary
matters.
10. Displays confidence in the group rather than suspicion.
11. Trains his subordinates technically and professionally.
12. Looks after the mental and physical welfare of the group.
13. Tries to avoid errors, but shows willingness to admit errors when made.
14. Develops loyalty within the group.
15. Knows that idle hands or minds lead to trouble.
16. Knows that because of individual differences discipline cannot be a completely
routine matter.
 CODE OF ETHICS FOR PROFESSIONAL TEACHERS

Pursuant to the provisions of paragraph (e), Article 11, of R.A. No. 7836, otherwise
known as the Philippine Teachers Professionalization Act of 1994 and paragraph (a),
section 6, P.D. No. 223, as amended, the Board for Professional Teachers hereby
adopt the Code of Ethics for Professional Teachers.

Article I: Scope and Limitations

Section 1. The Philippine Constitution provides that all educational institution shall
offer quality education for all competent teachers. Committed to its full realization, the
provision of this Code shall apply, therefore, to all teachers in schools in the
Philippines.

Section 2. This Code covers all public and private school teachers in all educational
institutions at the preschool, primary, elementary, and secondary levels whether
academic, vocational, special, technical, or non-formal. The term “teacher” shall
include industrial arts or vocational teachers and all other persons performing
supervisory and /or administrative functions in all school at the aforesaid levels,
whether on full time or part-time basis.

Article II: The Teacher and the State

Section 1. The schools are the nurseries of the future citizens of the state; each
teacher is a trustee of the cultural and educational heritage of the nation and is under
obligation to transmit to learners such heritage as well as to elevate national morality,
promote national pride, cultivate love of country, in still allegiance to the constitution
and for all duly constituted authorities, and promote obedience to the laws of the
state.

Section 2. Every teacher or school official shall actively help carry out the declared
policies of the state, and shall take an oath to this effect.
Section 3. In the interest of the State and of the Filipino people as much as of his
own, every teacher shall be physically, mentally and morally fit.

Section 4. Every teacher shall possess and actualize a full commitment and devotion
to duty.
Section 5. A teacher shall not engage in the promotion of any political, religious, or
other partisan interest, and shall not, directly or indirectly, solicit, require, collect, or
receive any money or service or other valuable material from any person or entity for
such purposes.

Section 6. Every teacher shall vote and shall exercise all other constitutional rights
and responsibility.

Section 7. A teacher shall not use his position or official authority or influence to
coerce any other person to follow any political course of action.

Section 8. Every teacher shall enjoy academic freedom and shall have privilege of
expounding the product of his researches and investigations; provided that, if the
results are inimical to the declared policies of the State, they shall be brought to the
proper authorities for appropriate remedial action.

Article III: The Teacher and the Community

Section 1. A teacher is a facilitator of learning and of the development of the youth;

he shall, therefore, render the best service by providing an environment conducive to
such learning and growth.

Section 2. Every teacher shall provide leadership and initiative to actively participate
in community movements for moral, social, educational, economic and civic
betterment.

Section 3. Every teacher shall merit reasonable social recognition for which purpose
he shall behave with honor and dignity at all times and refrain from such activities as
gambling, smoking, drunkenness, and other excesses, much less illicit relations.

Section 4. Every teacher shall live for and with the community and shall, therefore,
study and understand local customs and traditions in order to have sympathetic
attitude, therefore, refrain from disparaging the community.

Section 5. Every teacher shall help the school keep the people in the community
informed about the school’s work and accomplishments as well as its needs and
problems.

Section 6. Every teacher is intellectual leader in the community, especially in the

barangay, and shall welcome the opportunity to provide such leadership when
needed, to extend counselling services, as appropriate, and to actively be involved in
matters affecting the welfare of the people.
Section 7. Every teacher shall maintain harmonious and pleasant personal and
official relations with other professionals, with government officials, and with the
people, individually or collectively.

Section 8. A teacher posses freedom to attend church and worships as appropriate,

but shall not use his positions and influence to proselyte others.

Article IV: A Teacher and the Profession

Section 1. Every teacher shall actively insure that teaching is the noblest profession,
and shall manifest genuine enthusiasm and pride in teaching as a noble calling.

Section 2. Every teacher shall uphold the highest possible standards of quality
education, shall make the best preparations for the career of teaching, and shall be
at his best at all times and in the practice of his profession.

Section 3. Every teacher shall participate in the Continuing Professional Education

(CPE) program of the Professional Regulation Commission, and shall pursue such
other studies as will improve his efficiency, enhance the prestige of the profession,
and strengthen his competence, virtues, and productivity in order to be nationally and
internationally competitive.

Section 4. Every teacher shall help, if duly authorized, to seek support from the
school, but shall not make improper misrepresentations through personal
advertisements and other questionable means.

Section 5. Every teacher shall use the teaching profession in a manner that makes it
dignified means for earning a descent living.

Article V: The Teachers and the Profession

Section 1. Teachers shall, at all times, be imbued with the spirit of professional
loyalty, mutual confidence, and faith in one another, self-sacrifice for the common
good, and full cooperation with colleagues. When the best interest of the learners,
the school, or the profession is at stake in any controversy, teachers shall support
one another.

Section 2. A teacher is not entitled to claim credit or work not of his own, and shall
give due credit for the work of others which he may use.

Section 3. Before leaving his position, a teacher shall organize for whoever assumes
the position such records and other data as are necessary to carry on the work.
Section 4. A teacher shall hold inviolate all confidential information concerning
associates and the school, and shall not divulge to anyone documents which has not
been officially released, or remove records from files without permission.

Section 5. It shall be the responsibility of every teacher to seek correctives for what
may appear to be an unprofessional and unethical conduct of any associate.
However, this may be done only if there is incontrovertible evidence for such conduct.

Section 6. A teacher may submit to the proper authorities any justifiable criticism
against an associate, preferably in writing, without violating the right of the individual
concerned.

Section 7. A teacher may apply for a vacant position for which he is qualified;
provided that he respects the system of selection on the basis of merit and
competence; provided, further, that all qualified candidates are given the opportunity
to be considered.

Article VI: The Teacher and Higher Authorities in the Profession

Section 1. Every teacher shall make it his duty to make an honest effort to
understand and support the legitimate policies of the school and the administration
regardless of personal feeling or private opinion and shall faithfully carry them out.

Section 2. A teacher shall not make any false accusations or charges against
superiors, especially under anonymity. However, if there are valid charges, he should
present such under oath to competent authority.

Section 3. A teacher shall transact all official business through channels except when
special conditions warrant a different procedure, such as when special conditions are
advocated but are opposed by immediate superiors, in which case, the teacher shall
appeal directly to the appropriate higher authority.

Section 4. Every teacher, individually or as part of a group, has a right to seek

redress against injustice to the administration and to extent possible, shall raise
grievances within acceptable democratic possesses. In doing so, they shall avoid
jeopardizing the interest and the welfare of learners whose right to learn must be
respected.

Section 5. Every teacher has a right to invoke the principle that appointments,
promotions, and transfer of teachers are made only on the basis of merit and
needed in the interest of the service.
Section 6. A teacher who accepts a position assumes a contractual obligation to live
up to his contract, assuming full knowledge of employment terms and conditions.

Article VII: School Officials, Teachers, and Other Personnel

Section 1. All school officials shall at all times show professional courtesy,
helpfulness and sympathy towards teachers and other personnel, such practices
being standards of effective school supervision, dignified administration, responsible
leadership and enlightened directions.

Section 2. School officials, teachers, and other school personnel shall consider it their
cooperative responsibility to formulate policies or introduce important changes in the
system at all levels.

Section 3. School officials shall encourage and attend the professional growth of all
teachers under them such as recommending them for promotion, giving them due
recognition for meritorious performance, and allowing them to participate in
conferences in training programs.

Section 4. No school officials shall dismiss or recommend for dismissal a teacher or

other subordinates except for cause.

Section 5. School authorities concern shall ensure that public school teachers are
employed in accordance with pertinent civil service rules, and private school teachers
are issued contracts specifying the terms and conditions of their work; provided that
they are given, if qualified, subsequent permanent tenure, in accordance with existing
laws.

Article VIII: The Teachers and Learners

Section 1. A teacher has a right and duty to determine the academic marks and the
promotions of learners in the subject or grades he handles, provided that such
determination shall be in accordance with generally accepted procedures of
evaluation and measurement. In case of any complaint, teachers concerned shall
immediately take appropriate actions, observing due process.

Section 2. A teacher shall recognize that the interest and welfare of learners are of
first and foremost concern, and shall deal justifiably and impartially with each of
them.

Section 3. Under no circumstance shall a teacher be prejudiced or discriminate

against a learner.
Section 4. A teacher shall not accept favors or gifts from learners, their parents or
others in their behalf in exchange for requested concessions, especially if
undeserved.

Section 5. A teacher shall not accept, directly or indirectly, any remuneration from
tutorials other what is authorized for such service.

Section 6. A teacher shall base the evaluation of the learner’s work only in merit and
quality of academic performance.

Section 7. In a situation where mutual attraction and subsequent love develop

between teacher and learner, the teacher shall exercise utmost professional
discretion to avoid scandal, gossip and preferential treatment of the learner.

Section 8. A teacher shall not inflict corporal punishment on offending learners nor
make deductions from their scholastic ratings as a punishment for acts which are
clearly not manifestation of poor scholarship.

Section 9. A teacher shall ensure that conditions contribute to the maximum

development of learners are adequate, and shall extend needed assistance in
preventing or solving learner’s problems and difficulties.

Article IX: The Teachers and Parents

Section 1. Every teacher shall establish and maintain cordial relations with parents,
and shall conduct himself to merit their confidence and respect.

Section 2. Every teacher shall inform parents, through proper authorities, of the
progress and deficiencies of learner under him, exercising utmost candor and tact in
pointing out the learner's deficiencies and in seeking parent’s cooperation for the
proper guidance and improvement of the learners.

Section 3. A teacher shall hear parent’s complaints with sympathy and

understanding, and shall discourage unfair criticism.

Article X: The Teacher and Business

Section 1. A teacher has the right to engage, directly or indirectly, in legitimate

income generation; provided that it does not relate to or adversely affect his work as
a teacher.
Section 2. A teacher shall maintain a good reputation with respect to the financial
matters such as in the settlement of his debts and loans in arranging satisfactorily his
private financial affairs.

Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially

interested in, any commercial venture which furnish textbooks and other school
commodities in the purchase and disposal of which he can exercise official influence,
except only when his assignment is inherently, related to such purchase and
disposal; provided they shall be in accordance with the existing regulations; provided,
further, that members of duly recognized teachers cooperatives may participate in the
distribution and sale of such commodities.

Article XI: The Teacher as a Person

Section 1. A teacher is, above all, a human being endowed with life for which it is the
highest obligation to live with dignity at all times whether in school, in the home, or
elsewhere.

Section 2. A teacher shall place premium upon self-discipline as the primary principle
of personal behavior in all relationships with others and in all situations.

Section 3. A teacher shall maintain at all times a dignified personality which could
serve as a model worthy of emulation by learners, peers and all others.

Section 4. A teacher shall always recognize the Almighty God as guide of his own
destiny and of the destinies of men and nations.

Article XII: Disciplinary Actions

Section 1. Any violation of any provision of this code shall be sufficient ground for the
imposition against the erring teacher of the disciplinary action consisting of
revocation of his Certification of Registration and License as a Professional Teacher,
suspension from the practice of teaching profession, or reprimand or cancellation of
his temporary/special permit under causes specified in Sec. 23, Article III or R.A. No.
7836, and under Rule 31, Article VIII, of the Rules and Regulations Implementing
R.A. 7836.

Article XIII: Effectivity

Section 1. This Code shall take effect upon approval by the Professional Regulation
Commission and after sixty (60) days following its publication in the Official Gazette
or any newspaper of general circulation, whichever is earlier.
 Republic Act No. 6713

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR

PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED
PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING
INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING
PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF AND FOR OTHER PURPOSES

This Act shall be known as the "Code of Conduct and Ethical Standards for Public
Officials and Employees."

Norms of Conduct of Public Officials and Employees. -Every public official and
employee shall observe the following as standards of personal conduct in the
discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall

always uphold the public interest over and above personal interest. All
government resources and powers of their respective offices must be
employed and used efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and

discharge their duties with the highest degree of excellence,
professionalism, intelligence and skill. They shall enter public service
with utmost devotion and dedication to duty. They shall endeavor to
discourage wrong perceptions of their roles as dispensers or peddlers
of undue patronage.

c) Justness and sincerity. - Public officials and employees shall remain

true to the people at all times. They must act with justness and sincerity
and shall not discriminate against anyone, especially the poor and the
underprivileged.

(d) Political neutrality. - Public officials and employees shall provide

service to everyone without unfair discrimination and regardless of party
affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall

extend prompt, courteous, and adequate service to the public.
 (f) Nationalism and patriotism. - Public officials and employees shall at
all times be loyal to the Republic.

(g) Commitment to democracy. - Public officials and employees shall

commit themselves to the democratic way of life and values, maintain
the principle of public accountability, and manifest by deeds the
supremacy of civilian authority over the military.

(h) Simple living. - Public officials and employees and their families
shall lead modest lives appropriate to their positions and income.

Duties of Public Officials and Employees. - In the performance of their duties, all
public officials and employees are under obligation

(a) Act promptly on letters and requests. - All public officials and employees
shall, within fifteen (15) working days from receipt thereof, respond to letters,
telegrams or other means of communications sent by the public. The reply
must contain the action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible

officers of offices and agencies of the government and of government-owned
or controlled corporations shall, within forty-five (45) working days from the
end of the year, render a performance report of the agency or office or
corporation concerned

(c) Process documents and papers expeditiously.

(d) Act immediately on the public's personal transactions.

(e) Make documents accessible to the public.

System of Incentives and Rewards. - A system of annual incentives and rewards is

hereby established in order to motivate and inspire public servants to uphold the
highest standards of ethics.
Penalties

Any official or employee regardless of whether or not he holds office or

employment in casual, temporary, holdover, permanent or regular capacity,
committing any violation of the Code shall be punished with a fine not exceeding the
equivalent of six months (6) salary or suspension not exceeding one (1) year, or
removal depending on the gravity of the offense after due notice and hearing by the
appropriate body or agency. If the violation is punishable by a heavier penalty under
another law, he shall be prosecuted under the latter statute. Violations of Section 7,
8, or 9 of the Code shall be punishable with imprisonment not exceeding five (5)
years, or a fine not exceeding five thousand pesos (P5,000.00) or both, and in the
discretion of the court of competent jurisdiction, disqualification to hold public office.

Any violation hereof proven in a proper administrative proceeding shall be

sufficient cause for removal or dismissal of an official or employee, even if no criminal
prosecution is instituted against him.

Private individuals who participate in conspiracy as co-principals, accomplices

or accessories, with officials or employees, in violation of the Code, shall be subject
to the same penal liabilities as the officials or employees and shall be tried jointly with
them.
Grievance is Defined as “Cause for Complaint or Annoyance”. A grievance
occurs when an individual thinks that he is being wrongly treated by his colleagues or
supervisor; perhaps he or she is being picked on, unfairly appraised in his annual
report, unfairly blocked for promotion or discriminated against on
grounds of race or sex. An employee grievance is an indication of his discontent or
dissatisfaction. It may be expressed by him or he may not communicate it. It can be
real or imaginary, legitimate or ridiculous, stated or unvoiced, written or oral. It must,
however, find expression in some form or the other. Dissatisfaction or discontent per
se is not a grievance. They initially find expression in the form of a complaint. When a
complaint remains unattended and the employee concerned feels a sense of lace of
justice and fair play, the dissatisfaction grows and assumes the status of a grievance.
When an individual has a grievance he should be able to pursue it and ask to have
the problem resolved. Some grievances should be capable of solution informally by
the individual’s manager. However, if an informal solution is not possible, there
should be a formal grievance procedure. Dissatisfaction : maybe defined as anything
that disturbs an employee, whether or nor such unrest is expressed in word.

Complaint: It is a spoken or written dissatisfaction, brought to the attention of the

supervisor and the union leader. The complaint may or may not specially assign a
cause for dissatisfaction e.g. “four times this morning I have had to chase around
looking for the pliers”.

Grievance: It is simply a complaint which has been formally presented in writing, to a

management representative or a union official. But for the most people, the word
“grievance” suggests a complaint that has been ignored, overridden or dismissed
without due consideration.

Classification of Grievances

Open grievance. Sometimes employees are open about their grievance. They go
straight to their supervisor and tell him openly their grievances.

Hidden grievance. It manifests itself through symptoms which are sometimes

vague and whose causes are difficult to trace.

Work-related grievances. It is based on how well the individual employees are

suited to and are able to meet the demands of their jobs.

Non-work related grievances. There are some individuals who get dissatisfied not
because of their jobs or of their employer but because of personal problems which
they are unable to solve.
Valid grievance. A grievance is said to be valid if it has some relevance or
connection with the work or with the relationship between the employee and his
employer.

Imagined grievance. Some grievance are a nuisance in nature and re manifested

only for the purpose of getting attention. Imagined grievances are sometimes
brought up to test management or to create unrest within the organization.

Causes of Grievances

Grievances usually arise from failure of the employee to derive satisfaction

from his job, from a threat to his security on the job, from failure of the supervisor to
understand him, or from the employee’s mental or emotional maladjustment. Most of
the complaints, especially those concerning the interpretation or implementation of
established company policies on wages, hours of work, or working conditions can be
easily and promptly settled. Settlement is best done by encouraging the employee
to discuss his problems calmly with his supervisor or with the personnel department.

Most of the grievances when first presented are merely minor complaints but
due to mishandling, neglect or ignorance on the part of line supervisors, these
complaints oftentimes become serious labor problems. One of the most common
causes of grievances is the emotional approach used when discussing day-to-day
problems and grievances. If emotions are allowed to flare up, each one argues
heatedly about the problem and fails to view the subject objectively.

Some of the sources of friction or complaints are company policies, rules, work
conditions and methods, personality clashes, and the interrelationship among
employees and supervisors.

Some grievances arise from real and legitimate causes. These must be
handled carefully and speedily. But other grievances are imaginary, trivial, or
irrational and are often due to the employee’s unfamiliarity with the facts. Though the
grievance may be imaginary or trivial, it is nevertheless still a grievance until it is
properly settled. Grievances are produced by the interaction of several behavioural
factors.

1. Application and interpretation of the collective bargaining agreement.

Where a collective bargaining agreement exists, grievances frequently arise
from the interpretation, application, and administration of its provisions. Some
labor contracts, in fact, limit the scope of grievances to those arising from the
interpretation, application, and administration of their provisions. Many
contracts, however, provide for a broader coverage to include complaints that
may arise even outside of the collective bargaining agreement, and this often
breeds problems when they are carried out or interpreted. No labor contract,
 no matter how fair, just, and equitable will work if either party attempts to use it
as a tool to make things hard for the other. If both parties trust each other in
the interpretation and application of the contract, grievances from this source
can be minimized.

Grievances also arise due to unclear language that leads to different

interpretations of the CBA. Parties to the contract are cautioned against the
inclusion of vague provisions in the CBA which could lead to interpretation
problems later on. In some companies, when such cases occur, they refer
back to the negotiation meetings and examine or re-assess the intentions of
the parties with regard to the problematic issue.

2. Absence of a clear-cut company labor policy. The absence of a clear-cut

labor policy may cause some confusion or misunderstanding on the part of the
employees, especially where there is no union in the company and no
effective employer-employee channels of communications exist.

3. Ineffective or inadequate supervision. Grievances generally arise from

poor supervision, poor planning of schedules or assignments, employee’s lack
of confidence in their supervisors because of lack of leadership ability,
discrimination or unfair treatment.

4. Inadequate communication. Problems and conflicts between workers and

supervisors or among co-workers are almost invariably traceable to failure in
communication. For instance, if employees lack information about company
policies and regulations there will be misunderstanding. A common source of
conflict is inadequate or inconsistent orders and instructions from the
supervisor who assumes that he has put his message across to the worker by
just issuing a circular. There is no better way than to explain circulars or
instructions personally and check whether or not the message is clear to the
employees.

5. Personal problems. Grievances are also caused by personal problems of

employees outside the firm, such as family problems, financial difficulties,
vices, bad living habits, and personal relationships with people. Some
employees have personal difficulties in adjusting themselves to urban life or to
changing economic conditions. Such difficulties are not directly related to the
employee’s work, but they are no less important because they seriously affect
his performance.

6. Union inspired grievances. In unionized firms, employees sometimes bring

up grievances because of union prodding. One can often tell that a grievance
is union-inspired when the union takes an overly active part in prosecuting it.
Although the grievance may be a minor one, the union generally makes a big
issue of it. Among the reasons why a union may take such an attitude are:
 a. As a test of union strength against management.
b. As a morale booster for union support and membership.
c. As an election gimmick.
d. As a test of union leadership.

7. Improper selection and placement. Improper selection and placement of

employees is a frequent cause of gripes and complaints. An employee is
likely to be dissatisfied if he is misplaced in his job, either because his duties
and responsibilities are too difficult for him or because the job is too low for his
ability, training, and experience. Where there is a rigid selection and careful
placement of workers, there generally are fewer complaints and grievances
resulting from this cause.

8. Lack of orientation or training of new employees. As previously

mentioned, orientation of new employees is the first step in making the
employee understand his relationship with the company, his supervisor, and
his fellow workers. With proper orientation, the employee will understand
things around him in the company. These tend to minimize complaints and
grievances.

9. Favouritism. Discrimination against workers results in grievances. A

supervisor who shows a special favour to an employee or to several
employees in his department because of friendship or close association is
liable to arouse resentment among those not similarly favored. Such favors
may be in the form of undeserved salary increases, assignment to choice jobs,
or the grant of special privileges. Whatever the form of the favor, the other
employees in the department will feel discriminated against and will gripe.

10. Poor organization structure. A good organization structure is not a

guarantee that no grievance will ever occur, but a poor organizational structure
will surely be a cause for inefficiency and grievance. Where authority and
responsibility are not clearly defined and reporting relationships are not
delineated properly, the employees will surely find cause for gripes because of
the resulting confusion, dissatisfaction, and inefficiency.

11. Poor systems and procedures. To enable the employees to work efficiently,
the systems and procedures of the company must ensure smooth flow of the
work. When system and procedures are not well integrated, congestion,
backtracking, bottlenecks and possible relations conflicts will occur and cause
employee’s gripes.

This is especially true in situation where results are expected under

committed timetables.
 12. Lack of appropriate facilities. If supervisors want their employees to turn
out good work, they should provide their employees with the proper facilities or
equipment to use. Employees will complain if they are required to come up
with results without the necessary tools, facilities, and equipment they need to
produce the expected results.

13. Improper implementation of policies. Not only must policies be proper and
appropriate, but they must also be administered in such a way that they
produce positive results and not resentment among the employees. Most
policies are well-intentioned, in fact well-accepted in the organizations, but if
the manner of implementing them is against the values of the people, violates
one’s sense of decency or is inequitable, the employees affected will surely
gripe.

How To Handle Complaints

In handling complaints, the first step is to separate the legitimate

complaints from petty gripes. Legitimate complaints should be corrected as
expeditiously as possible. If complaints is merely a petty gripe, try to find the real
cause or causes for the dissatisfaction; they might not be brought out directly by
the gripes but may indicate some serious problems.

Kinds of Complainants

No complaints is small enough to be neglected because this may be an

indication of a major defect. However to enable one to analyze the complaint and
take remedial action, the identification of the kinds of complainants such as the
following is necessary:

1. The petty gossiper or intriguer. Presents complaints without the foundation of

facts.
2. The rebel without a cause. These are complainants who rightly or wrongly feel
that they are always victims of an inequity.

3. The champions of the oppressed. These are the outspoken members of the
group who feel that they have to take up the cudgels for others.

4. The thinkers. They are the so called because they do not have the courage to
come out to present their complaints unless they have reached a point of great
emotional strain.

5. The average complainant. Takes careful evaluation of the situation before he

makes the complaint
 METHODS OF SETTLING GRIEVANCES

“An ounce of prevention is better than a pound of cure,” applies in labor

relations. The best time to settle a grievance is while it is still small. Allowing it to
remain unsettled gives a grievance the chance to grow and worsen until it becomes
too knotty to untangle. Delays in settling grievances breed resentment on the part of
the worker.

Some of the methods used in dealing with grievances are:

1. By the supervisor’s assuming an autocratic attitude, imposing his opinion, and

disregarding the grievance. This method generates fear in the employee,
undermines his confidence, lowers his morale, and leaves him resentful and
dissatisfied. An employee who does not think it worth his trouble to air his
grievances would rather move to another job, usually in a rival company;
otherwise he merely keeps the grievance to himself and remains a dissatisfied
employee.

2. By the human relations approach and counselling which regards the grievance
as an opportunity to help the employee. This technique generates respect and
confidence and makes the employee satisfied and cooperative.

3. By the legalistic approach, applying strictly the provisions of law or the

company policy or rule.

4. By the corrective action of removing the cause of the grievance.

5. By compromise.

6. By the formal method of submitting the matter to the grievance procedure set
by the company and the union, observing the prescribed steps.
7. By submitting the grievance directly to voluntary arbitration.
Remember. . .

When handling grievances check these points

1. Receive the grievance properly

• Give the man a good hearing

• Ask him to repeat his story
• Repeat essentials in your own words
• Assure him of an answer

2. Get the facts

• Check every angle

• Check the union agreement
• Check company policy
• Examine employee’s record

3. Take action

• Make correction if Company is wrong

• Maintain your position if right
• Communicate facts to your boss

4. Follow-up

• Make sure action was carried out

• Correct conditions which cause grievances
• Write up grievance and action taken
• Promote employee morale
EMPLOYEE DISCIPLINE, COMPLAINTS
AND GRIEVANCES

DEM 738 Leadership and Executive Training for

Educational Managers

Submitted to: NORMITA A. VILLA, PhD

Submitted by: MICHAEL L. PROTACIO