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What is a Progressive Discipline in the Workplace?

Photo from Unsplash | Gabriel Mihalcea

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

 


AT A GLANCE:

A progressive discipline policy entails a structured approach to addressing employee misconduct by implementing a series of escalating disciplinary actions, such as verbal warning, written warning, suspension (with or without pay), and termination.

In general, management has the prerogative to discipline its employees and to impose appropriate penalties on erring workers pursuant to company rules and regulations. (Philippine Span Asia Carriers Corporation vs. Heidi Pelayo, G.R. No. 212003, February 28, 2018)


 

At the outset, an employer has the prerogative to prescribe reasonable rules and regulations necessary for the proper conduct of its business, to provide certain disciplinary measures in order to implement said rules and to assure that the same would be complied with. (Philippine Span Asia Carriers Corporation vs. Heidi Pelayo, G.R. No. 212003, February 28, 2018)

 

One approach that has gained traction in modern workplaces is the implementation of a progressive discipline policy. This structured framework provides a clear path for addressing infractions while ensuring fairness and consistency in enforcement.

 

At its core, a progressive discipline policy establishes a systematic progression of disciplinary actions in response to employee misconduct. Rather than resorting to immediate termination for every violation, this approach allows employers to address issues incrementally, giving employees opportunities to correct their behavior.

 

The Four Key Steps of Progressive Discipline

  

A typical progressive discipline policy may involve starting with a verbal warning, followed by a written warning, suspension, and termination.

 

  1. Verbal Warning

The first step in the progressive discipline process is often a verbal warning. This informal conversation between the employee and their supervisor serves to bring attention to the infraction and provide guidance on how to rectify it. For instance, consider a scenario where an employee consistently arrives late to work. In this case, their supervisor might have a one-on-one discussion with them to emphasize the importance of punctuality and outline expectations for improvement.

 

  1. Written Warning

If the issue persists despite the verbal warning, the next step is typically a written warning. This formal document outlines the specific violation, the consequences of continued misconduct, and a corrective action plan. To illustrate, suppose an employee repeatedly fails to meet performance targets despite previous discussions. In this scenario, their supervisor might issue a written warning detailing the areas of concern, setting performance goals, and establishing a timeline for improvement.

 

  1. Suspension (With or Without Pay)

In cases of serious or recurring misconduct, suspension may be necessary to convey the severity of the situation and allow for further investigation. Depending on the organization’s policies, suspension may be with or without pay. For example, imagine an employee is involved in a physical altercation with a coworker. In this instance, management might decide to suspend the employee pending an investigation into the incident to ensure the safety and well-being of all employees.

 

  1. Termination

While termination is typically considered a last resort, it may be unavoidable in certain circumstances where an employee fails to respond to earlier interventions or engages in egregious misconduct. Prior to termination, employers should thoroughly document all previous disciplinary actions, ensuring compliance with company policies and legal requirements.

 

However, it is important to note that certain offenses may justify bypassing the initial disciplinary stages entirely. While a progressive discipline system is valuable, it does not preclude employers from promptly terminating employment for severe infractions like violence, harassment, theft, or significant safety breaches.

 

 

Read also:

Limitations on Management Prerogative

 

 

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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