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EMPLOYEE DISCIPLINE, COMPLAINTS AND GRIEVANCES MICHAEL L. PROTACIO 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 is 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. . 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 one must have all the facts. 6. Never discipline anyone in the presence of others. . 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. 2. 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 ounselling 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. . 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. . 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 behaviour 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 heir 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. ) 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 grievances 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. . 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. 3. 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 are 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 are 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 oundation 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 unsatisfied 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 References: Personnel and Human Resource Management Perfecto S. Sison Personnel and Human Resource Management and Labor Relations Pacita Arguelles Abasolo Maria Anita Villanueva Ruiz Managing the Grievance Process Kathy Irving www. csc. gov. ph www. scribd. com DEM 738 Leadership and Executive Training for Educational Managers Submitted to: NORMITA A. VILLA, PhD Submitted by: MICHAEL L. PROTACIO