Khamis, Julai 21, 2016

Ajam at work: Misconduct & Disciplinary Action

Salam from Villa Danialla, Besut Terengganu.

What a stunning view! Lombok and Bali is a waste of money haha. Just come to Besut instead.
Btw. Am not about to write about this place. This piece of writing will focus on misconduct and process of disciplinary action.

My sharing is based on my own expirience in handling misconduct since 2011 in my company but i am certain that the procedure is generally in tandem with industrial relation act.

In simple word. When a staff act againts any company code of conduct, policy and procedure...that is misconduct. Common case are absentism, tardiness, false claim, sexual harrasment and many more.

In big company, normally IR division will handle all cases. In small size company, HR will handle it. I am 1 of IR practitioner certified by MEF. 

1st step upon recieving formal complain. IR will open investigation paper. If there is prima facie againts the accused (AE) then we will move to next step. If not, complain is closed.

2nd step is drafting of charge/s. Based on initial findings, IR will identify relevant charge to be put onto AE. Personally, i like to have less charge but solid. To some the prefer to have many charges so that they do not eliminate any chances from earlier stage. 

3rd stage is issuance of show cause letter. AE will be given opportunity to learn that there is complain made againts him/her and certain charge has been made. He is given 7 working days to respond and explaining his defense.

After we recieve the reply to SCL. We will evaluate the explanation given and evidences attached if any. Say that it is justified. Case closed.

Should company need further explanation. Then we will hold a domestic inquiry. Normally it stand of odd number of indipendence panels. 3 the least. 1 chairman n 2 co panel. Company is represent by presenting officer (po). Ae staff will represent himself. If he is a union member then he can appoint union rep to talk for him or just be with him during the DI.

For non union member. Lawyer is not allowed to be in the DI but u are free to consult them at your own cost.

During the hearing. Both PO and AE will present thier case, evidences and bring in thiet witness. Panels will decide either AE is guilty as charge or not guilty.

If found not guilty. Case closed. 

If found guilty. IR will prepare punishment proposal to relevant punishment authority for approval. Depending on severity of the case...punishment may vary from as low as warning letter up to termination.

Ok...thats it for now. If i have more time i will explain in detail about how do we conclude type of punishment.

Stay away from misconduct!

Catat Ulasan