Trade Union Act 1926Misconduct and disciplinary Procedure

Labor Law

Labor Laws can be classified into the following eight categories:

Laws related to Industrial RelationsLaws related to WagesLaws related to Specific IndustriesLaws related to Equality and Empowerment of WomenLaws related to Deprived and Disadvantaged Sections of the

SocietyLaws related to Social SecurityLaws related to Employment & TrainingOthers

Laws Related to IR

The Trade Unions Act, 1926The Industrial Employment Act (Standing Order),

1946The Industrial Disputes Act, 1947  

Problems faced by Trade Unions

Lack of balanced growthLow MembershipPoor Financial PositionPolitical ControlMultiplicity of UnionsInter Union RivalryLack of able leaderLack of Recognition

Labour Problem- Misconduct and Disciplinary

Labor behavior on the duty

Mentioned in the item no. 9 & 14 of schedule -1 in industrial Employment

Misconducts are acts or conduct of employees prohibited under the employee disciplinary rules. A misconduct can lead to disciplinary action taken against the employee at fault

Code of discipline

Code of discipline defines terms and condition which is accepted by employer and workers.

A code of discipline drafted by the sub committee was duly rectified by the central organizations of workers and employers at the 16th session of the Indias Labour conference in March 1958 and operated from June 1958

Principals of code of conduct

Without proper notice, strike is not permitted No damage should be caused in plant or propertyViolence, coercion should not be resortedWillful damage to or loss of employer’s goods or

propertyTaking and giving bribes for any illegal gratification

Principals of code of conduct….

Habitual absence without leave or absence without leave for more than 10 days.

Habitual late attendanceHabitual breach of any law applicable to the

establishmentHabitual negligence or neglect of workFrequent repetition of any act

Principals of code of conduct….Striking work or inciting others to strike work in contravention (with conflict)

Sexual harassment which includes such unwelcome sexually determined behavior (weather directly or by implication)

1. Physical Contact2. A demand or request for sexual favors3. Sexually –colored remarks4. Showing pornography5. Verbal and nonverbal signs

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.

Preliminary Enquiry

Charge-sheet

Holding a domestic enquiry

Report of the enquiry officer

Show cause notice

Order of punishment

Preliminary Enquiry

A preliminary enquiry is the first phase to collect proper and accurate information against a particular worker who has done any misconduct in the course of his employment.

Examine the material and to see whether a prima facie case exist calling for detailed inquiry.

Charge Sheet

Memorandum of chargeCharge 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.

How to Draft a Charge Sheet

Each and every point should be Clearly Explain against worker

Points should be specific and unambiguous Language With full particular, time , date and incidentEach incident which constitutes misconduct must be

given separatelyIt must be ensured that the charge mentioned in the

charge sheet is specific as well as complete in all respect.

How to draft……..

Charge sheet must contain the following essentials Commonly understood language The alleged misconduct must be disclosed Tha paras and sub- paras of the service rules or

standing orders within which the particular misconduct falls must be referred to.

Time frame for reply (Minimum 48 hours for giving the explanation)

Who can issue a charge sheet

Charge sheet must be issued by competent authorityIt may be issued by the employer himself or by any

person who has been so authorized by the employer

Service of Charge sheet

A charge sheet should be served on the workmen personally

Workmen signature or thumb impression is required for the charge sheet whether he accepted his charge sheet or not.

If the employee refuses the charge sheet , an endorsement to that effect be made on it in the presence of at least two witnesses so that proof of the same is available for evidence

Service of charge sheet…….

In same condition if employee refuses to accept charge sheet , then it may be sent by registered A.D. post

Then the employer should get it published in some regional language daily news paper.

Explanation of charge sheet

Employee will be submit his explanation in respect of the charges leveled against him.

48 to 72 hours from the date of receipt of the charge sheet .

The purpose of calling for an explanation to the charge sheet is that if the employee admits the charge, there will be no need for any further enquiry

Domestic Inquiry

The principle of natural justice are crystallized into four principles of justice –

a) Opportunity to both the contesting parties to be heardb)Hearing before an impartial enquiry officer so that no

man can be judge of his own causec) Decision made in good faithd) 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.

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.

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.