Disciplinary System Case Study

Group: Germany

Question No. 8: NOR ELIA SHAMINE BT. MOHAMED DIN (S38185)

DISCIPLINARY SYSTEMS PRACTICED COMPARISON IN GERMANY AND MALAYSIA.

In every edge in the world that we go, we must have faced a problem regarding the remuneration of the work that we have done, it doesn’t matter whether from the employer side or the employee, there will always be a few who cause trouble. Thus, every organization needs an employee disciplinary system which is fair and just. Without discipline, organizations cannot achieve their goals. If this system works effectively, then the employees are aware of the rules and know what they can and cannot do.

Germany

Basically the Germans do not specifically provide statutory discipline and grievance procedures in

Suspension from work.

• This considers a progressive disciplinary system as a last step before termination

This becomes particularly relevant when dealing with dismissals related to the conduct of an employee. The reasons may include:-

e.g. : breach of contract, a crime against the employer, being late, missing work without appropriate excuse, assault on colleagues or on the employer, competing with the employer, insistent refusal to perform an assigned task, feigning illness.

The German’s employer follows the right procedure to give warning to the employee first, before decide to dismiss him or her. In the warning, the immediate supervisor must not only contain a concise description of the disapproved behaviour of the employee and the request for immediate improvement by describing what they were supposed to do, and behave in a good manner. To make the employee take the warning seriously, the supervisor must make it clear that the employee is at risk of losing his or her spot at work regarding the misconduct. From the decisions of German employment courts, first warning is only unnecessary when the employee cannot expect the employer to tolerate the behaviour or where there is a breach of confidence that the employee cannot do his or her work

Common Examples of Misconduct.

Lateness

Lateness is usually considered a minor misconduct and by itself would not be a cause for a dismissal. Employer must decide how many instances of lateness will be forgiven before a penalty such as a warning is imposed.

Absence

Absence without permission is a misconduct which must not be tolerated. Employer needs to give a warning and if he or she repeats the offense, a second and third warning must be given. We cannot simply ignore employee who “disappear” from work. Make an effort to find out whether they have quit or whether they are dealing with some personal emergency which would excuse their absence.

Theft

If you catch any employee stealing company property, including cash, you need to take firm action. The Industrial Courts has no sympathy with employees who steal from their employers. Introduce written procedures so that employees know that they can borrow equipment providing they get permission from a senior officer of the organisation.

Fighting

When investigating a fight, determine if there are witnesses, try to establish who started the fight and get evidence of what exactly happened during the fight. If damage to property, material or equipment has taken place as a result of a fight, take a photograph of the property concerned. Usually the same penalty will be issued to all workers involved in a fight unless it is proven that one person provoked the other thereby causing the