class="en f13">Discplinary Practice

 
 
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
--Universal Declaration of Human Rights

The ILO does not have a specific convention addressing workplace disciplinary practices. However, three United Nations agreements are directly relevant as references: the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1975).

The vast majority of the UN member states have ratified these treaties, indicating their commitment to abolish any practice that may compromise or damage an individual's physical and mental well-being. Many countries have specific national legislation making abuse in the workplace a criminal offense.

Disciplinary measures are necessary for maintaining orderly operations. The primary objective of such measures should be to enable organizations to promote a high standard of employee conduct and performance, rather than to punish, humiliate, or intimidate.

Disciplinary procedures are part of the management systems required by an effective CSR management system. In drafting the procedures, management is encouraged to seek the involvement of workers and/or their representatives. This may reduce the chances that the level and type of disciplinary action is arbitrarily decided, and may enhance the effectiveness of disciplinary measures in achieving company goals.

Company policy and procedures should be well communicated to and well understood by all workers. Training programs can be conducted upon hiring or during employment. These policy and procedures could also be included in a personnel handbook and be circulated among all employees.

All disciplinary policies, procedures and actions should be well documented, including the nature and specifics of any alleged infraction, the worker's response or appeals, the opinion of trade union representatives, the final decision, and the action taken, etc. Workers, trade union representatives, and/or other interested parties should have access to such documentation and related.

Disciplinary procedures are a management tool to deter misconduct or poor performance by employees. To guarantee the fairness and effectiveness of these procedures, the company should set up complaint or grievance procedures accordingly so that workers have the channels to express their concerns and redress their grievances.

Procedures to ensure compliance in your facility
  • The facility should have access to any local laws on the subject of disciplinary practices for the respective country/region. The facility must have a written procedure, which includes freedom from mental and physical abuse. The procedure should address, at a minimum, fines, and formal warning procedures, grounds for contract termination, guidance on unacceptable behavior, appropriate disciplinary actions for unacceptable behavior, and complaint procedure including method of investigation and resultant actions.
  • The procedure should be communicated and generally understood by all employees. Acceptable means of communication include verbal (prior and/or on commencement of employment) and readily available to workers, e.g. on notice boards, in libraries, or in an employee handbook.
  • Disciplinary records should be maintained for each individual worker.
  • The facility should not allow threatening behavior of any kind. Examples of unacceptable behavior would be gestures, abusive language, and physical contact that are threatening, abusive, or exploitative.
  • Access to food, water, toilets, medical care or health clinics or other basic necessities will not be used as either reward or punishment.
  • Disciplinary measures should be taken through normal management practices. The security staff should not be used to issue discipline to workers.
  • Disciplinary fines must not be used as a tool to discipline workers.
Good Practices
  • Designate a person responsible for routinely verifying the effectiveness of the factory's policies and procedures on disciplinary.
  • Managers and supervisors are held accountable for violation of facilities policy on disciplinary.
  • Continuously trains managers and supervisors on the facilities policy on disciplinary.
  • The facility continuously trains managers and supervisors on the facilities policy on working hours.
  • Adopted a grievance system for factory worker feedback for the factory's policy on disciplinary.
  • Management monitors subcontractors to ensure compliance with this standard.

 

© 2010 CTI All rights reserved.        Address: Rm 1013, West Tower, Times Square 28, Tian He Bei Road, Guangzhou 510620, China