Legal Article

Disciplinary action

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article | Service & Labour

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Published on: 22 Jan, 2023

Disciplinary action refers to the measures taken by an employer (typically a government agency or public sector organization) against an employee for misconduct or violation of company policies or regulations. The purpose of disciplinary action is to correct the behavior of the employee and maintain the integrity and proper functioning of the organization.

There are different types of disciplinary actions that can be taken against an employee, depending on the severity of the misconduct and the organization’s policies. Some common types of disciplinary actions include:

  • Verbal warning: A verbal warning is a formal discussion between the employee and their supervisor, where the employee is informed of the misconduct and warned to correct their behavior.
  • Written warning: A written warning is a formal document that is issued to the employee and placed in their personnel file. It advises the employee of the misconduct, the expected corrective action and the consequences of not complying.
  • Suspension: Suspension is a temporary leave of absence from work, without pay. It may be imposed for a specific period of time, pending further investigation or disciplinary action.
  • Demotion: Demotion is a reduction in rank or position within the organization. This type of disciplinary action is usually taken for serious misconduct or violation of company policies.
  • Termination: Termination of employment is the most severe form of disciplinary action. It involves ending the employee’s employment with the organization.

It is important to note that, disciplinary action must be taken after a fair inquiry and the employee must be given a reasonable opportunity to defend themselves. The department has to follow the due process, investigation and inquiry as per the rules and regulations of the organization or department.

The disciplinary action should be proportionate to the misconduct, and the employee should be given an opportunity to respond to the allegations and present any mitigating circumstances before any action is taken. It is important to ensure that the disciplinary action is taken fairly and in accordance with the laws and regulations that apply to the employer and the employee.