Remedios Trinidad Romualdez Medical Foundation

Graduate School
Masters of Arts in Nursing

Topic: Discipline and Separation

Subject: Nursing Administration III
Reporter: Jose Rogelio S. Condes, BSN, RN
Professor: Ms. Lynn L. De Veyra, RN, MbEd

Level: Second year level of the graduate school

Time Frame: 45 minutes discussion and sharing
Achievement Level: 80 – 100 %

Topic Content:

Discipline and Separation

A. Discipline
 Nature and Scope
 Approaches to Discipline
 Elements of a Discipline Program
 Disciplinary Process
 Dismissals
 Due Process

B. Separation

 Layoff
 Resignation
 Retirement
 Termination

General Objective:
At the end of discussion students would be able to acquire some degree of functional
knowledge and understanding about discipline in the organization and separation process,
its concepts and body for them to able to maximally contribute to the nursing service in
particular.

Specific Objectives:

At the end of the discussion, the students will be able to:

1. Understand deeper what discipline in an organization when applied.

2. Identify concepts that tackle within the foregoing.
3. Understand the separation process within an organization.
4. Attain understanding on what are under separation process.
DISCPLINE

An employees’ attitude toward work is a crucial factor in productivity or performance

and discipline may play an important part in this attitude. Discipline has many definitions
and most people equate discipline with punishment. However, discipline is not synonymous
to punishment. It is an employer’s action against an employee for infarction of company
policy and rules. An employee may also be disciplined for misconduct that adversely affects
the efficiency of the organization.

It is the mental and moral training and development of character or the training that
corrects and strengthens mental and moral character. It is also the manner in which a
member of the organization conforms to the established rules and regulations which
experience has shown to be desirable.

Conduct problems typically stem from employees who fail to comply with the written
and unwritten rules of the workplace such as coming to work on time, obeying orders,
protecting the company property, and in general supporting and not interfering with the
efficiency of the company. Employees may also exhibit problems with their performance
that may stem from the lack of knowledge, skill or ability (KSA) to successfully perform the
duties of their position.

Disciplinary action is the most appropriate avenue in which to address misconduct

directly related to the performance of assigned duties. The overall objective of disciplinary
action is to remedy a problem and help employees achieve success in their work. This is
also the area of Human Resource Management which refers to important action taken to
enforce organizational standards.

Keep in mind that the goal of discipline is to correct misconduct and modify
unacceptable behaviour, rather than to punish the employee. Discipline, if imposed should
be progressive, beginning with the minimum discipline necessary to correct the offense. In
addition, penalties should be reasonably consistent with those imposed on other employees
for similar offenses.

Civil Service officers or employees cannot be removed or suspended from the office
except for cause after due process, as provided by the law.

The Civil Service Commission has the final authority to pass upon the removal,
separation and suspension of all permanent officers and employees in the career service or
to take action upon all matters affecting their conduct, discipline and efficiency.

Prevention of Employees Misconduct

1. Setting an example by their own conduct, maintaining high professional and ethical
standards.

2. Providing a high-quality work environment that is conducive to innovation and

increased productivity.
 3. Establishing and communicating clear guidelines concerning their expectations for
the operation of their office.

4. Establishing objective, understandable, obtainable, and measureable performance

standards and communicating them clearly to employees.

5. Monitoring performance and giving frequent feedback.

6. Holding employees accountable for results and recognizing and rewarding good
performance.

7. Providing opportunities for individual growth and development, including formal and
on-the-job- training, mentors, and models for employees.

Categories of Difficult/Problem Employees

• Ineffective employee/ with unsatisfactory performance

• Rule Violators

Some companies have general rules that are informally communicated to

employees while others have specific rules that prohibit such things as
possession of deadly weapons, use of a alcohol or narcotics, abusive or
threatening language, insubordination, sleeping on the job.

• Illegal or dishonest acts

A serious disciplinary problem for all organizations concerns any form of

illegal or dishonest behaviour such as theft, embezzlement, misuse of
company’s facilities or property, or falsifying records.

• With personal problems

Employees are normally expected to handle personal problems on their won

without letting them interfere with work performance. Falling in love, getting
married, having children, and getting divorced are unsettling experiences that
may affect performance on the job.

• Substance abuse

The most serious personal problems are alcoholism and drug abuse. These
problems are not temporary and are not solved by ignoring them or by
assuming they will be corrected on their own.

Both increases the risk for absenteeism and tardiness, contribute

significantly to accidents at work, and greatly reduce productivity. Both are
now viewed as a disease – a treatable disease, not a disease that will go away
by itself; it requires treatment needing confrontation.
Discipline or Infarction Cases

• Against person – physical injury, assault, homicide, murder.

• Against property – misuse, and damage to property, theft and robbery, negligence in
the use of property.

• Orderliness/good conduct - fighting, quarrelling, violation of rules,

discourtesy/disrespect, intoxication while at work, possession of prohibited drugs or
alcohol, illegal strike, failure to cooperate in investigations, personal affairs,
entertainment of visitors, horseplay, use of foul language.

• Attendance and punctuality – absenteeism, tardiness, undertime, AWOL.

• Morality – immorality and sexual harassment.

• Conflict of interest

• Non-performance – insubordination, negligence of duty, inefficiency, malingering,

careless, and poor quality.

• Honesty/integrity – falsity, fraud, dishonesty, breach of trust, unfaithfulness, loss of

confidence, usurious transaction, disclosure of information, disloyalty, non-payment
of debt.

• Unsatisfactory pay.

• Unsatisfactory environment in the office which is not conducive to good physical and
mental health - poor ventilation and lighting, harsh working condition, tyrannical
superiors.

Addressing Employee Conduct Problems

• Discuss any misconduct or performances problems directly with the employee. Use
specific examples. Give the employee an opportunity to provide an explanation, and
carefully listen to and consider what the employee has to say.

• Clearly explain expectations to the employee and review any rules, regulations, or
policies in the area where the employee is exhibiting problems. Provide the employee
an opportunity to ask any questions and offer assistance in complying with your
expectations.

• If applicable, develop a plan with the employee directed at helping to improve

misconduct. If possible, set time limits for improvement and be very clear about the
consequences.

• Give the employee periodic and specific feedback. Compare any problems with
expectation you have articulated and/or against any applicable regulations, policies,
or rules. Be firm and clear about what improvement you expect to occur. Tell the
employee you may have to take further steps if behaviour does not improve.
 • If misconduct continues, the supervisor may choose to orally admonish the
employee, providing a strong message that further incidents of similar misconduct
may lead to a more formal action. If after all informal attempts have failed, the
misconduct continues, the supervisor, following consultation, with HR, may decide to
formally discipline the employee.

Approaches to Discipline

• Hot Stove Rule by Douglas McGregor

This approach to discipline is discussed in terms of what happens when a

person touches a hot stove.

The consequences are:

• A warning system – a good manager has, before any behaviour has

occurred, communicated what the consequences are for the undesirable
behaviour.

• An immediate burn – if discipline is required, it must occur immediately

after the undesirable act is observed. The person must see the connection
between the act and the discipline.

• Consistency – there are no favourites – hot stoves burn everyone alike.

Any employee who performs the same undesirable act will be disciplined
similarly.

• Impersonal – disciplinary action is directed against the act, not at the

person. It is meant to eliminate undesirable behaviours.

• Progressive Discipline

This is an approach in which a sequence of penalties is administered, each

one slightly severe than the previous one. The goal is to build a discipline
program the progresses from less severe to more severe in terms of
punishment. it is important in any disciplinary system to formally record what
the policy is and when and what action was taken.

Progressive discipline must include due process to satisfy that employee

rights were not violated and defines the condition for responsible use of
discipline. This procedure sees that the employee is treated justly and fairly to
deter outbreaks from the labor sector, especially unions.
 • Positive/Corrective Discipline

The advocates of this approach vies it as future oriented, as working with

employees to solve problems do not occur again. Employees’ mistake are
used to help them learn how to change. The discussion focuses on the
problem and how it can be solved rather than on who is to blame and why.

• Negative Approach

This approach emphasizes the punitive effects on undesirable behavior. The

purpose is to punish employees for mistakes and it is usually sever to remind
others, of the consequences of wrongdoing. The problem of this approach is
that it motivates employees to achieve only the minimum acceptable
performance.

• Preventive Discipline

This is the action taken by the company to encourage employees to follow

standards and rules so that infarctions do not occur. Its basic objective is to
encourage employee self-discipline through the self-actualization of its
employees needs and wants in lieu with the existing company rules and
regulations.

• Counselling Approach

The erring employee is counselled rather than progressively penalized for the
first breaches of rules and regulations. This approach believes that employees
can be constructively corrected without penalty. First violators are given a
private discussion, second entails a corrective approach, and lastly a third
entails an evaluation of the whole management schema – pin-pointing error
perhaps on the system itself.

Elements of a Discipline Program

• Code of Conduct – a handbook that is provided to every employee explaining what is

expected and unacceptable behaviour.

• Knowledge of disciplinary punishment – employees should know what penalties

would occur with certain offenses.

• Appeal procedure - employees should have the opportunity to voice their side of the
story.
 • Reservation of rights – include a statement that says you have the right to modify
the policy.

• Fair discipline – discipline must apply consistently to all employees in an un biased

way.

The Disciplinary Process

Disciplinary procedures may be defined as the actions or steps that the management
through its managerial employees initiates to correct or put an end to violations of
acceptable norms of behaviour required of the personnel of an organization.

• Informal talk

– This may occur in cases where the misconduct is very minor.

• Verbal warning

– a simple comment by a supervisor to warn employees that certain acts are

not acceptable. This is frequently used for minor offenses such as tardiness,
discourtesy, and the like.

• Verbal reprimand

• The supervisor informs the employee that the situation is not acceptable and
improvement is required. The supervisor should make a written note of the
conversation in case of further discipline becomes necessary.

• Written reprimand

• A written description of the problem and the disciplinary action. The supervisor
prepares a written record that summarizes what has been said and decided when
the supervisor and discusses the problem with the employee. Both the supervisor
and the employee concern should sign the reprimand.

• Suspension

If an employee fails to respond to the written reprimand and persists in wrongdoing,

suspension is applied where an employee is not allowed to work for a period of time and his
compensation is reduced accordingly. The length of suspension should be considered in light
of the seriousness and type of offense.

• Demotion

• This step will occur when it becomes necessary to use against the employee
before termination.
 • Discharge/Dismissal

• Represents the final step in the disciplinary process. If the progressive discipline
failed to correct the employee, termination results.

• Dismissal is the most drastic disciplinary step the company can take toward and
employee. It should be just in that sufficient cause exists for it to be
implemented. Is should occur only after all reasonable steps to rehabilitate or
salvage the employee have failed.

Characteristics of an effective disciplinary procedure

• Based on definite policies.

• The responsibility for administering disciplinary action should be determined, with

the initial responsibility normally being placed on the immediate supervisors.

• The rules must be communicated to all employees.

• The burden of proof should rest on the organization.

• Disciplinary action should be administered consistently among all employees.

• Situational pressures and an individual’s circumstances should be considered when

the appropriate disciplinary action is being determined.

• The rules and penalties should be reasonable and related to effective and safe
operations.

• Written reprimands should not remain in an employee’s file indefinitely; instead, a

statute of limitations hold exists regarding the change or removal of such
reprimands.

Grounds for Dismissal

• Unsatisfactory performance – persistent failure to perform assigned tasks or duties

or to meet prescribed standard of the job.

• Misconduct/Insubordination

• Lack of Qualification for the job

• Changed requirements of the job

Dealing with Dismissals

• Senior Management approval – no employee should be discharged without the prior

approval of senior management.

• The need for a business related rationale – employees can raise discrimination claims
if the organization cannot provide a reasonable explanation for termination.

• Pre-termination review of the personnel file – prior to an employee’s discharge for

misconduct, poor performance, or other business-related reasons, a knowledgeable
individual should review the personnel file and the soundness of the decision.

• Communicating the discharge decision – once a reasoned decision to discharge an

employee is made, the termination itself should be communicated to the employee is
a calm business-like manner.

• Exit Interview – useful, regardless of the reason for the employee’s departure from
the organization. They can resolve a number of items, including the completion of
termination forms, the return of organization property under the custody of the
terminated employee.

• Severance agreement and releases - release of employment claims must be

supported by “consideration”. Considerations is something of value, which must be
more than the employee, is already entitled a as a result of the termination.

Due Process

• The concept that employees have the right to be treated fairly when being
disciplined. With this process, employees are aware of the company’s policy and
the consequences of violating those expectations of the company. Investigate all
incidences before taking action. In here, employees should have the right to be
heard and have the situation explained from their point of view; this process will
lessen legal confrontations.

Discipline Mistakes

• Being inconsistent – many supervisors tend to bend rules for certain employee.
Consistency and equal treatment are things that an employee values the most.

• Losing your temper – losing cool in front of the entire staff when screaming or yelling
at a problem employee. This tends to lose some respect of their other employees.

• Praising too little “or too much” – there are some supervisors who praise their
employees for every task they do and there are some who do not praise their
employees at all.
 • Avoiding disciplinary action entirely – this will diminish the supervisor’s effectiveness
when problem arise with an employee. When an employee has unacceptable
behaviour then it is the supervisor’s responsibility to carry out the necessary
disciplinary actions.

SEPARATION

Government personnel may be separated from the service through:

1. Reduction in force due to lack of funds and/or lack of work.

2. Voluntary resignation.

3. Removal for cause.

4. Retirement.

Noone shall be removed or suspended from the service except for cause as provided
by law. For specific grounds or causes that may lead to disciplinary action, the "Rule XIV
(Discipline) of the Omnibus Rules Implementing Book V of Executive Order No. 292 and
other pertinent Civil Service Laws.

LAYOFF

Separation of an employee initiated by the employer due to business reverse, the

introduction of labor-service devices, or the reduction in the demand for particular
manpower skills. However, when failure conditions would require the rehiring of employees
of a certain job, the employees previously separated because of layoff may be employed
again by the organization.

RESIGNATION

Employee’s voluntary decides to end his employment with an organization.

Reasons for Resignation

1. Lack of opportunities in the present company.

2. Unsatisfactory working conditions.
3. Poor health.
4. Migration of employees.
5. Personal reasons.

Even without any valid reason, employees may resign by giving his employer a notice of
his resignation at least one month in advance. Without serving a notice of his resignation to
his company, the employee may be held liable for damages.
RETIREMENT

Employees having satisfied certain conditions under existing laws and/or the
provisions of collective bargaining agreements are separated from employment with
entitlement to retirement benefits given either in a lump sum amount or in the form of
monthly pension for life or both.

Every organization must develop its own retirement and retirement services in the
light of its needs and the experience of others. A system that works exceedingly well in one
firm may not be appropriate for another, despite the current tendency to follow "pattern"
established in one agency, office, firm, or industry.

Technical Factors for Retirement:

1. Eligibility.
2. Retirement age.
3. Compulsory versus voluntary retirement.
4. Employee Contributions.
5. Funding versus pay-as-you-go.
6. Vesting.
7. Complaints.
8. Special Arrangements.

At present, the compulsory retirement age is at 65. Officers and employees,

however, may retire even before reaching this age under any of the following retirement
laws:

Republic Act No. 1616. The officer or employee must have completed, regardless
of age, at least 20 years of service, the last three (3) years of which are continuous. The
benefits are:

1. Gratuity benefits computed as follows: one month salary for each year of service
for the first 20 years, one and one half (1 1/2) month salary, beyond 20 up to 30 years
based on the highest salary received.

2. Refund of GSIS personal contribution with interest and the corresponding

government share without interest.

Republic Act No. 1146. The officer or employee, regardless of age, must have
rendered at least 15 years of service. However, if he is below 60 years, he may avail of the
retirement benefits only upon reaching age 60. Benefits are:

1. Basic monthly pension equal to 37.50 percent of the revalued average monthly
compensation (AMC) plus 2.5 percent of the said revalued AMC for each year of service in
excess of 15 years but not to exceed 90 percent of the AMC, or;
 2. Cash payment equal to 100 percent AMC for every year of service, or;

3. Lump sum of the basic monthly pension for five years at a discounted rate of not
more than six percent.

The officer or employee may also retire, regardless of age, if he had rendered at
least 3 years of service. He may avail of the retirement benefit, however, upon reaching the
age of 60. The benefit shall be a cash payment equal to 100 percent of the AMC of every
year of service.

Republic Act No. 660. This provides for the compulsory retirement of employees
reaching 65 years of age. This law also allows retirement for those reaching the so-called
magic "87", wherein the officer or employee with 16-35 years of service may retire at age
52-64, i.e, the sum of his age and his length of service must total 87. Benefits are:

1. Five-year lump sum for those at least 60 years of age. After five years, they shall
be paid monthly annuity for life.

2. For those aged other than 57 years, the annuity shall be adjusted actuarially but
the amount shall not exceed 80 percent of their average monthly salary.

All benefits granted under the Government Service Insurance Act, as amended, and
all forms and documents required of the members by the GSIS shall be exempted from "all
types of taxes, documentary stamps, duties and contributions, fiscal or municipal, direct or
indirect, established or to be established".

TERMINATION

Putting an end to the employer-employee relationship initiated by the employer.

Reasons for Termination

1. Instillation of labor-saving devices.

2. Redundancy.
3. Retrenchment to prevent losses.
4. Closing or cessation of operation of the establishment or undertaking unless the
closing is for purpose of circumventing the provision of the LCP by serving notice to
the DOLE at least one (1) month before the intended date.

Termination of Employment by Employer, As provided in Article 282, the employer

may terminate employment for any of the following grounds:

1. Serious misconduct or wilful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work.
2. Gross and habitual neglect by the employee of his or her duties.
3. Fraud or wilful breach by the employee of the trust reposed in him/her by his
employer or duly authorized representative.
4. Commission of a crime or offense by the employee against the person of his
employer or any immediate member of his family or his duly authorized
representative.
5. Other causes analogous to the above.

Termination of Employment by Employee, Article 285 of the LCP states:

An employee may terminate without just cause the employee-employer relationship

by serving a written notice on the employer at least one (1) month in advance. The
employer upon whom no such notice was served may hold the employee liable for
damages.

An employee may put an end to the relationship without serving any notice on the
employer for any of the following just causes:

1. Serious insult by the employer or his representative on the honour and person of the
employee.
2. Inhuman and unbearable treatment accorded the employee by the employer or his
representative.
3. Commission of a crime or offense by the employer or his representative against the
person of the employee or any of the immediate members of his family.
4. Other causes analogous to any of the foregoing.

Rule XXIII Termination of Employment, section 2 of the Omnibus Rules

Implementing the LCP provide the following standards of Due Process shall be
substantially observed:

1. For termination of employment based on just causes as defined in Article 283 of the
Code:
a. A written notice served on the employee specifying the ground or grounds for
termination and giving to said employee reasonable opportunity within which to
explain his side.
b. A hearing conference during which the employee concerned, with the assistance
of counsel if the employee so desires, is given opportunity to respond to the
charges, present his evidence or rebut the evidences presented against him.
c. A written notice of termination on the employee indicating that upon due
consideration of all circumstances, grounds have been established to justify his
termination.
2. For termination of employment based on authorized causes defined in Article 283 of
the Code , the requirements of due process shall be deemed complied with upon
service of a written notice to the employee and the appropriate regional Office of the
Department at least thirty (30) days before the effectively of the termination
specifying the ground or grounds for termination.
3. If the termination is brought by the completion of the contract or phase thereof, no
prior notice is required. If the termination is brought about by the failure of an
employee to meet the standards of the employer in the case of probationary
employment, it shall be sufficient that a written notice is served the employee within
a reasonable time from the effective date of termination.