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labour laws relating misconduct and discipline.

labour laws relating misconduct and discipline.

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Irll ppt final Presentation Transcript

  • 1. Presentation on MISCONDUCT AND DISCIPLINARY PROCEDURES
  • 2.
    • ‘ Mis‘ means bad and ‘Conduct‘ means behaviour
    • Mentioned in the item no 9 & 14 of schedule-1 in industrial employment (standing orders).
    • Misconducts are acts or conducts of employees prohibited under the employee disciplinary rules. A misconduct “can” lead to disciplinary action taken against the employee at fault.
  • 3. The following acts and omissions are or shall be treated as misconduct:
    • Theft, fraud or dishonesty in connection with the employer‘s business or property
    • Wilful damage to or loss of employer’s goods or property
    • Taking or giving bribes or any illegal gratification
  • 4.
    • Habitual negligence or neglect of work.
    • Frequent repetition of any act or omission for which fine may imposed maximum of 2 percent of wages in a month.
    • Gossiping in department during working hours.
    • Willful insubordination or disobedience of any lawful and reasonable order of superior.
    • Collection without the permission of the manager or any money within the premises of establishment.
    • Collection of union funds within the premises of the establishment.
    • Willful damage to work in process or any property of establishment.
  • 5. PROCEDURE FOR DISCIPLINARY ACTION
    • The procedure is evolved by various high courts and supreme courts in appeal under Article 226 and Article 136 of the constitution of India respectively. The procedure is based on principles of natural justice. Broadly speaking the following requirements are sine qua for inflicting punishment upon a workman.
    • Charge-sheet
    • Holding a domestic enquiry
    • Report of the enquiry officer
    • Show cause notice
    • Order of punishment
  • 6. CHARGE-SHEET
    • Memorandum of charge
    • Charge is a concrete accusation made against a person in respect of an act either committed or omitted to be done in violation of the law.
    • Allegation of misconduct, misbehaviour, etc on the part of the employee.
    • Memorandum of accusations which are levelled against an employee who commits a breach of any rules, regulations, standing orders or an implied term of contract.
  • 7. Drafting a charge sheet
    • Ensure that the charge-sheet mentions all the essential ingredients of a particular misconduct. e.g.- absence without leave, late attendance or negligence is a misconduct when it is habitual one then the word habitual is an essential constituent of the charge and must be mentioned in the charge sheet.
    • Charge-Sheet should also mention the particulars of time, place and manner of the incident in order to make the charge specific
    • In the standing orders or services rules, there are certain offences or misconducts which have got specific name viz.,‘theft‘,‘criminal breach of trust‘,‘strike‘,etc.while drafting a charge-sheet it is desired that an act of misconduct be called in the specific name.
  • 8. While drafting a charge sheet care must also be taken to see that it satisfies the following conditions-:
    • 1. The charge-sheet must specify the charges in the clearest possible language with full particulars.
    • 2. The charge sheet must disclose the misconduct with which the employee is charged.
    • 3. The language used in the charge-sheet must be clear, precise, free from vagueness.
    • 4. The charge-sheet should not contain unnecessary matters.
    • 5. It must also be seen that there is no mis-description of any charge
    • 6. The use of abbreviations should be avoided.
  • 9. SERVICE OF CHARGE SHEET
    • It is a prerequisite to the validity of a domestic enquiry
    • Material on record to show the service of the charge-sheet on the employee concerned
    • POWER TO SUSPEND PENDING ENQUIRY
    • It is not an implied term
    • It can only be the creature either of a statute governing the contract or of an express term in the contract itself
    • Employer to pay wages even in the suspension period.
  • 10. PROCEDURE TO CONDUCT A DOMESTIC ENQUIRY
    • The principle of natural justice are crystallized into four principles of justice –
    • Opportunity to both the contesting parties to be heard
    • Hearing before an impartial enquiry officer so that no man can be judge of his own cause
    • Decision made in good faith
    • An orderly course of procedure
  • 11. REPORT OF THE ENQUIRY OFFICER
    • The stage of submitting the report
    • Report and findings should only be based on evidence
    • Type of punishment is to be given is entirely within management‘s discretion
  • 12.
    • SHOW CAUSE LETTER
    • Giving the employee the opportunity to defend himself or herself is an application of the "Law of Natural Justice". 
    • It is advisable to always remember this at all times.
  • 13.
    • PUNISHMENT
    • For every misconduct punishment is a must.
    • Under the common law, punishment to be awarded was suppose to be entirely within discretion of management.
  • 14.
    • POINTS TO REMEMBER WHILE PROCEEDING DISCIPLINARY ACTIONS
    • A workman who is placed under suspension : shall, during the period of such suspension, be paid a subsistence allowance.
    • Previous punishment record.
  • 15.
    • Thank you