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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.
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.
Holding a domestic enquiry
Report of the enquiry officer
Show cause notice
Order of punishment
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.
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.
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.
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.
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
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
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.
For every misconduct punishment is a must.
Under the common law, punishment to be awarded was suppose to be entirely within discretion of management.
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.