LAWS RELATING TO DISCHARGE, MISCONDUCT, DOMESTIC ESQUIRES, DISCIPLINE ACTION

LAWS RELATING TO DISCHARGE, MISCONDUCT, DOMESTIC ENQUIRIES, DISCIPLINE ACTION

WHAT IS MISCONDUCT?

Any act or omission on the part of an employee which is a breach of any duty, obligation or assignment arising under or flowing from any law or contract of employment or service rules or standing orders, settlements or awards or improper conduct or wrongful behavior is a misconduct.

TYPE OF MISCONDUCTS

Minor Misconducts The following acts or omission on the part of an employee shall amount to minor misconduct:

1. Late coming
2. Absence from duty without leaves for a period of less than six days
3. Loitering, gossiping in department during working hours
4. Failure to ware tight clothes/specified uniform.
5. Negligence of duties or neglect of work.

Major Misconducts

The following acts or omission on the part of an employee shall amount to major misconduct:

1. Willful insubordination or disobedience of any lawful and reasonable order of a superior.
2. Going on legal strike or abetting, inciting, instigation.
3. Willful slowing down in performance in work or instigation there of.
4. Theft, fraud or dishonesty in connection with the employer’s business or property.
5. Taking or giving bribes or any illegal gratification.
6. Habitual absenteeism without leave for more than 10 consecutive days or over staying the sanctioned leave without sufficient grounds.
7. Habitual breach of any standing order or any law applicable to establishment.
8. Collection without the permission of the manager or any money within the premises of establishment.
9. Engaging in trade within the premises of establishment.
10. Drunkenness, Riotous, Disorderly or indecent behavior on the premises of the establishment.
11. Commission of any acts subversive of discipline or rude behavior on the premises of the establishment.
12. Habitual neglect of work or habitual negligence.
13. Canvassing for union membership or collection of union funds within the premises of the establishment.
14. Willful damage to work in process or any property of the establishment.
15. Holding meetings inside the premises of establishment without the permission of the manager.

PENALTIES FOR MINOR MISCONDUCT

Warning, fine, passing adverse entry in service records, recovery of loss of goods for which the concerned workman is accountable, recovery from wages of the whole or part of any loss caused by the workman through negligence.

PENALTIES FOR MAJOR MISCONDUCTS

 The following penalties may be imposed for good and sufficient reasons if an employee found guilty of major misconduct.

Warning or censure, withholding of increment, fine, stopping promotion, demotion, suspension, discharge, dismissal, vacation of company quarter or any other punishment which the manager may deem fit.

CHARGE SHEET AND ENQUIRY

1. A) A workman against wage misconduct is alleged and is placed under suspension shall be served with a charge sheet within a week from the date of suspension. The charge sheet should be specific and give full details for the charges leveled against him. The date, time and place of incident should be mentioned in the charge sheet. When the misconduct depends on offending language, then actual words used should be specified in the charge sheet. The workman shall be called upon to submit his explanation within 48 hours, which may be extended for 6 days for sufficient reason on request in writing from the workman concerned.
2. B) If the workman admits the charges against him, no enquiry need to be held and it shall be open to the manager to award punishment as he deems proper without holding the enquiry.
3. C) If the workman does not submit his written explanation or explanation submitted by him are not found to be satisfactory or if he denies the charges alleged against him, an enquiry shall be held.
4. D) The workman concerned in enquiry shall sign at the end of each statement recorded in his presence. Such workman may be assisted by another workman of his choice but he must be working in the company.
5. E) The enquiry may be conducted either by the manager or any officer or person appointed by him for the purpose.
6. F) The manager shall appoint an enquiry officer and management representative for the purpose of conducting domestic enquiry.
7. G) Copy of the charge sheet along with all relevant documents should be handed over to the enquiry officer.

NOTICE OF ENQUIRY

1. a) It is very necessary to convey to the charge sheeted workman the name of the officer before whom he is to appear. The time, date and place of enquiry should also be communicated in the notice of enquiry.
2. b) The management should give its evidence first to prove the charges alleged against the workman.
3. c) The enquiry officer can ask the management to serve the notice of enquiry.
4. d) The enquiry officer should decide in the beginning as to which procedure for major misconduct should be followed.
5. e) If the charges rest on documents alone, it is not necessary to adduce oral evidence.

JUSTIFICATION OF NON-ATTENDANCE BY WORKERS

1. Absence on account of protest is not justified. Even if some facility is denied the worker is not justified to withdraw from the enquiry.
2. If certain documents or copies are not supplied to the workman and he withdraw from the enquiry, it is not justified and enquiry could proceed ex -parte. 3. When a request of worker for being represented by an outsider or an advocate is disallowed, he cannot walk out and if he does so, ex-parte proceeding is valid. 4. If absence is on account of genuine illness and he has asked an adjournment on death grounds, it must be granted.
3. If an employee is on sanctioned leave and seeks adjournment on that ground, it must be granted.
4. If an employee is on hunger strike and it is not possible for him to defend himself, adjournment must be granted.
5. Adjournment is sought on the plea that the workman fears physical assault, the adjournment may not be granted.
6. Enquiry can be held on a holiday also and in the absence an application of adjournment, the enquiry officer is competent to proceed ex-parte.
7. Enquiry can be held even at night in case the concerned works day and night