24
Feb
CHARACTERISTICS OF A CODE OF DISCIPLINE (Second of Two Parts)
In continuation, other characteristics of a Code of Discipline are:
- It is lawful and is not contrary to any law, moral, good custom, public order or public policy.
- It is reasonable. It will not cause undue prejudice. It will not cause great inconvenience to employees.
- It is made known to employees. It has been communicated to employees, either through a document, online or intranet, or any other forms of transmitting the document. In this case, the employer may utilize written undertaking that employees have read and understood the policies. Any reasonable and lawful order may not be ground for valid disciplinary act if not made known to the employee.
- The provisions are easy to understand. They are couched in simple terms and expressed in language generally understood by many. The usual standard language is plain English. The language clearly defines acceptable actionable behaviors and operating practices.
- It contains no ambiguities. The provisions must be clear and no other meaning can be attributed to certain terms. The consequences of actions, both positive and negative, for the institution and the individual are clear. Any ambiguity in this kind of document may be resolved in favor of employees.
- The provisions are explained in a language or dialect that the employees understand. Even if the order, policy or code, for that matter is lawful, if it is not made known to the employee then it cannot bind the latter.
- It observes proportionality rule. Corresponding penalties, when prescribed, are commensurate to the offense involved and to the degree of the infraction. For instance, the offense involves four instances of absence, if meted with a penalty of dismissal the termination would be harsh.
(See Discussion in the book How to Design and Formulate Company Code of Discipline, pp17-18)
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