Administrative Discipline

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Administrative

• relating to the management of a company, school, or other organization.


• Management issues means all those matters under an employee’s
employment contract requiring action, investigation and / or decisions by
the employer including in particular appraisals, performance management,
pay reviews and awards of other payments
• benefits under an employee’s employment contract, periods of sickness
absence or other absence, any complaint about an employee (whether or
not it would be dealt with under the employer’s disciplinary procedure),
any complaint or grievance raised by the employee (whether or not that
would be dealt with under the employer’s grievance procedure).
What are examples of administration issues?
5 Administrative Problems include:
• Time off.
• Auditing.
• Reporting.
• Overtime.
• Communication.
In any organization, a kind of discipline must be
present in order that subordinates can willingly
carry out the instruction of their superiors and
abide by established and known rules of conduct in
the organization. It shall be the result of
constructive, positive leadership, exercised within
the framework of a clear, consistent disciplinary
policy.
❑ It is the cornerstones of educational institutions, ensuring
smooth operation and effectiveness.
❑ These principles are paramount in optimizing resource
allocation, maintaining financial stability, fostering a
conducive learning environment, and achieving academic
excellence.

❑ Play a pivotal role in ensuring the welfare of students and the


professional development of faculty and staff.
❑ Instrumental in navigating the complex regulatory landscape,
adapting to evolving educational paradigms, and mitigating
risks.
❑ It enable institutions to uphold their mission, engage with the
community, and continuously improve, thereby shaping the
future of education and the success of countless students.
Section 1. OBJECTIVES
1.1 The primary objectives of discipline are:
• Instill upon the mind of the members of the organization
that coordination and cooperation are the main concerns of
good government in order that its aim and purposes may be
truly attained.
• Encourage the provision of the basic conditions that make
for good discipline so that employees shall seldom “break
the rules”, are self-disciplined, and respond better to reward
than to punishment.
• Instill good teamwork and effective group work
exercising disciplinary pressure on any of their members
who fails to measure up to the expected standards of
conduct and workmanship.
Section 2. Sources of the
Disciplinary Actions
2.1. In the public service, the matter of
discipline is regulated by the
Constitution, by the Civil Service Law,
and regulations and related statutes.
2.2. When the attitude is unfavorable
due to the faults of the workers, the
action taken to correct them is known
as “disciplinary action”
Section 3: Disciplining Authorities

3.1 The right or power to discipline subordinates, officers and employees in any
government office is exercised by the persons who have the direct or indirect
supervision over them.
3.2 However, authority to exercise the ultimate power to investigate the offending
officer and employee and impose the corresponding penalty for the offense
committed is vested only on one officer in an office referred to in the civil Service
Decree of the Philippines as the “discipline authority” and the power vested in
him/her is known as “disciplinary jurisdiction”
3.3 The appointing authority has been given the
concurrent disciplinary jurisdiction over his/her
subordinate officers and employees. ( R.A. NO.
6040 in August 1969, amending R.A. o. 2260,
otherwise known as the Civil Service law)
3.4 On October 6, 1975, R.A. No. 6040 was
further amended by the Presidential Decree No.
807, otherwise known as the Civil Service Decree
of the Philippines. Section 37 of the said Decree
provides that: An Investigation may be entrusted
to Regional Directors or similar officials who
shall make necessary report and
recommendations to the head of office or
department.
4.1 Positive Discipline
- viewed from the standpoint
Section 4 . of the individual proceeds from
Kinds Of within and is largely habitual
reaction to established values
Discipline customs, traditions, and regulations
4.1 Positive Discipline
- viewed from the standpoint of the
individual proceeds from within and to a
large extent is habitual reaction to
established values customs, traditions,
and regulations
4.2 Negative Discipline
- Involving force or some outward
influence in its extreme form, proceeds
on the theory that compliance is
secured by the used of punishment or
by the fear of penalties
Section 4 . Kinds Of Discipline
5.1 Disciplinary action or the negative discipline
refers to administrative steps taken to correct
employees' misbehaviors related to job
performance.
Section 5. Forms of
5.2 Disciplinary action is effective only if it is
Disciplinary Action firmly, promptly and consistently exercised.

5.3 The penalties meted out by the employer for


violation of duties by his/ her employees cover
a considerable range and vary widely in severity
depending upon the seriousness of the offense
charged.
5.4 The more usual forms of punishment are:
warming or reprimand, reassignment of duties,
demerits or reduction of efficiency rating ,
suspension without pay, demotion or dismissal.

5.4.1 The warming or reprimand is the least


severe penalty and usually a reprimand may
prove sufficient.
5.4.2 The second mild from of the
punishment is reassignment to less
desirable duties. This is frequently
resorted to in the case of field workers
and others who can be moved about
without disrupting the service
concerned.
5.4.3 A penalty which results in demerits
or reduction from the performance
rating of the employee may be severe
since it may be serve since it may
seriously retard his progress toward a
better position.
5.4.4 Suspension without pay is
considered severe since the employee
does not report to work for a time
and does not receive the usual pay.
5.4.5 Demotion with a reduction in pay is severe since the employee who suffers
a demotion is subjected to a continuing penalty since his monthly earnings are
permanently less than before action was taken. Demotion for disciplinary
purposes is a penalty to be used with caution, as it invariably results in breaking
the spirit and lowering the morale of the employee,

5.4.6 Dismissal from the service is the most extreme penalty. It results not only in
loss of income and status but also in the loss of other privileges.
Section 6. Disciplinary Jurisdiction

6.1 Heads of departments, agencies and instrumentalities shall have


concurrent jurisdiction to investigate and decide on matters involving
disciplinary action. However, when the penalty imposed is reprimand or
a fine not exceeding one month salary or suspension without pay for a
period not exceeding one month the decision of the aforementioned
heads shall be final. But if the penalty imposed is heavier, the decision
may be appealed to the Civil Service Commission.
6.2 Section 36 (a), Article 9 of Presidential
Decree No. 807, Provides that, no officer or
employee in the Civil Service shall be suspended
or dismissed except for cause as provided by the
law and after the due process.

6.3 The interest of the officials and employees


shall be safeguarded against parties who, by
hiding behind the cloak of anonymity, already
betray dubious basis for, questionable motives
behind their accusations or complaints.
6.4 Removal as a mode of terminating the
service of an officer or employee, is not
necessarily disciplinary in character. A
removal from the office may come
about due to: (1) expiration of the term
of office of the officer or employee
removed; (2) abolition of the office
THE DEPARTMENT OF EDUCATION IN ADMINISTRATIVE CASES

Disciplining Authority
• The disciplining authorities in the Department of Education shall be
the Secretary and the Regional Directors in their respective regions.
• The Superintendents of Schools shall also be the disciplining
authorities for administrative actions against non-teaching personnel
in their respective school divisions,
• For disciplinary actions or administrative cases against officers and
employees of the Department of Education at its Central Office and
against Presidential appointees, namely: Assistant Superintendents,
Superintendents, Assistant Regional Directors, Regional Directors,
Assistant Secretaries and Undersecretaries of Education, the
Secretary shall have original and exclusive jurisdiction.
THE DEPARTMENT OF EDUCATION IN ADMINISTRATIVE CASES
Disciplining Authority
• For disciplinary actions or administrative cases against officers and
employees of the Department of Education at its Central Office and
against Presidential appointees, namely: Assistant Superintendents,
Superintendents, Assistant Regional Directors, Regional Directors,
Assistant Secretaries and Undersecretaries of Education, the
Secretary shall have original and exclusive jurisdiction.
• Decisions of the Secretary of Education over administrative cases
against said Presidential appointees shall be subject to confirmation,
disapproval or modification by the President of the Philippines.
Grounds for Disciplinary Action
• An administrative complaint may be filed for any of the following
grounds for disciplinary action:
• i. Receiving for personal use of a fee,
• a. Dishonesty gift or other valuable thing in the
b. Oppression-(unjust treatment) course of official duties or in
c. Neglect of duty connection therewith when such fee,
gift or other valuable thing is given by
d. Misconduct any person in the hope or expectation
e. Disgraceful and immoral conduct of receiving a favor or better
f. Being notoriously undesirable treatment than that accorded other
g. Discourtesy in the course of persons or committing acts
punishable under the anti-graft laws
official duties

• h. Inefficiency and incompetence in j. Conviction of a crime involving
the performance of official duties moral turpitude
Grounds for Disciplinary Action
• An administrative complaint may be filed for any of the following
grounds for disciplinary action:
• o. Habitual drunkenness
• k. Improper or unauthorized solicitation of p. Gambling prohibited by law
contributions from subordinate employees q. Refusal to perform official duty or
and by teachers or school officials from
school children render overtime service
• •
l. Violation of existing Civil Service Law and r. Disgraceful, immoral or dishonest
Rules or reasonable office ( regulations conduct prior to entering the service
• •
m. Falsification of official documents
s. Physical or mental incapacity or
• disability due to immoral vicious
n. Frequent unauthorized absences or habits
tardiness in reporting for duty, loafing or
frequent unauthorized absences from duty
during regular office hours
Grounds for Disciplinary Action
• An administrative complaint may be filed for any of the following
grounds for disciplinary action:
• x. Pursuit of private-business, vocation
• t. Borrowing money by superior officers from or profession without the permission
subordinates or lending by subordinates to required by the Civil Service rules and
superior officers
regulations

u. Lending money at usurious rates of interest •
• y. Insubordination
v. Willful failure to pay just debts or willful
failure to pay taxes due the government

z. Engaging directly or indirectly in
• partisan political activities by one
w. Contracting loans of money or other holding a non political office.
property from persons with whom the office
of the employees concerned has business •
relations aa. conduct prejudicial to the best
interest of the service
Grounds for Disciplinary Action
• An administrative complaint may be filed for any of the following
grounds for disciplinary action:
• bb. lobbying for personal interest
• dd. Nepotism as defined in
or gain in legislative halls or offices Section 59, Chapter 8, Subtitle A,
without authority. Title I, Book V of E.O. No. 292
• •
cc. Promoting the sale of tickets in ee. Sexual Harassment as
behalf of private enterprises that defined and penalized under CSC
are not intended for charitable or
public welfare purposes and even Resolution No. 01-0940.
in the fatter cases if there is no
prior authority

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