PROPORTIONALITY RULE IN EMPLOYEE DISCIPLINE
The penalty contained in the Code of Discipline should follow the rule of reasonable proportionality which dictates that the penalty that should be imposed should be directly proportional to the gravity of the offense committed, fully taking into account the attendant environmental circumstances in each case.
In Caltex Refinery Employees Association vs. NLRC and in the subsequent case of Gutierrez vs. Singer Sewing Machine Company, it was held that even when there exist some rules agreed upon between the employer and employee on the subject of dismissal, the same cannot preclude the State from inquiring on whether their rigid application would work too harshly on the employee. The Court will not hesitate to disregard a penalty that is manifestly disproportionate to the infraction committed.
It should be supported by fair and consistent administrative process. It should be founded by a process that ensures employees are introduced to the code of conduct on first day of work as part of orientation to the organization and their work.
Employees are accorded ample opportunities to discuss the effects of the code in their daily decisions and actions with their superiors. They are given time to ask questions or provide reaction. Means are likewise provided to report suspected violations without fear of retaliation.
As a design framework, the code should be designed with the initiative of the top management. The leadership and management generally take the lead in identifying the requirement for a code of discipline. They initiate the process to formulate one for the enterprise.
However, a highly participatory formulation would secure better cooperation during the implementation stage. It is more popular if employees are involved in the formulation and design stage. If there is an existing Code, the management may consider revision if new laws or regulations exist that will affect rights and enforcement later on.
(See Discussion in the book How to Design and Formulate Company Code of Discipline, pp. 18-19)
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