DEAR
i raised one question that a misconduct done by employee and he was terminated for that after enquiry.the same misconduct was not defined in
certified standing orders.not a single HR personnel has replied.
whereas someone ask my female boss proposes me 6500 viewed that threat and 125 replied.
really diappointed with HR PROFESSIONALS.
TKS
JS MALIK
From India, Delhi
167i raised one question that a misconduct done by employee and he was terminated for that after enquiry.the same misconduct was not defined in
certified standing orders.not a single HR personnel has replied.
whereas someone ask my female boss proposes me 6500 viewed that threat and 125 replied.
really diappointed with HR PROFESSIONALS.
TKS
JS MALIK
From India, Delhi
Dear Sir,
Even i m looking for this answer.
Disciplinary action for misconduct.--(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:
.................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. ..............................
Note.--Specify the acts and omissions which the employer may notify with the previous approval of the ......................Government or of the prescribed authority in pursuance of section 8 of the Payment of Wages Act, 1936.
(2) A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.
(3) The following acts and omissions shall be treated as misconduct.
(a) wilful in subordination or disobedience, whether alone or in combination
with others, to any lawful and reasonable order of a superior,
(b) theft, fraud or dishonesty in connection with the employer’s business or property,
(c) willful damage to or loss of employer’s goods or property,
(d) taking or giving bribes or any illegal gratification,
(e) habitual absence without leave or absence without leave for more than 10 days,
(f) habitual late attendance,
(g) habitual breach of any law applicable to the establishment,
(h) riotous or disorderly behaviors during working hours at the establishment or any act subversive of discipline,
(i) habitual negligence or neglect of work,
(j) frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent of the wages in a month.
(k) striking work or inciting others to strike work in contravention of the provision of any law, or rule having the force of law.
[1][(4) (a) Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the workman within a week from the date of suspension.
(b) A workman who is placed under suspension under Cl. (a) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely:
(i ) Where the enquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension, be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workmen would have been entitled if he were on leave with wages. It the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to three-fourths of such basic wages dearness allowance and other compensatory allowances:
Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-fourth of such basic wages, dearness allowance and other compensatory allowances.
(ii) Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension, be equal to one half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he was on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days , the subsistence allowance shall for such period be equal to three-fourths of such wages:
Provided that where such enquiry or criminal proceeding is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding one hundred and eighty days , be reduced to one-fourth of such wages.
[2][(b-a) In the enquiry, the workman shall be entitled to appear in person or to be represented by an office-bearer of a trade union of which he is a member.
(b-b) The proceedings of the enquiry shall be recorded in Hindi or in English , the language of the State where the industrial establishment is located, whichever is preferred by the workman.
(b-c) The proceedings of the inquiry shall be completed within a period of three months :
Provided that the period of three months may, for reasons to be recorded in writing, be extended by such further period as may be deemed necessary by the inquiry officer.]
(c) If on the conclusion of the enquiry or, as the case may be, of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly:
Provided that when an order of dismissal is passed under this clause, the workman shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period, and the subsistence allowance already paid to him shall not be recovered :
Provided further that where the period between the date on which the workman was suspended from duty pending the inquiry or investigation or trial and the date on which an order or suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period :
Provided also that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:
Provided also that in the case of a workman to whom the provisions of clause (2) of Article 311 of the Constitution apply, the provisions of that article shall be complied with.
(d) If on the conclusion of the inquiry, or as the case may be, or the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.
(e) The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension.]
[3](5) In awarding punishment under this standing order, the [4][authority imposing the punishment]shall take into account any gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances, that may exist. A copy of the order passed by the 17[authority imposing the punishment] shall be supplied to the workman concerned.
[5][(6) (a) A workman aggrieved by an order imposing punishment may within twenty-one days from the date of receipt of the order, appeal to the appellate authority.
(b) The employer shall, for the purposes of Cl. (a) specify the appellate authority.
(c ) The appellate authority, after giving an opportunity to the workman of being heard shall pass order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the workman in writing.]
Regards
Vipin
From India, New Delhi
Even i m looking for this answer.
Disciplinary action for misconduct.--(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:
.................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. ..............................
Note.--Specify the acts and omissions which the employer may notify with the previous approval of the ......................Government or of the prescribed authority in pursuance of section 8 of the Payment of Wages Act, 1936.
(2) A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.
(3) The following acts and omissions shall be treated as misconduct.
(a) wilful in subordination or disobedience, whether alone or in combination
with others, to any lawful and reasonable order of a superior,
(b) theft, fraud or dishonesty in connection with the employer’s business or property,
(c) willful damage to or loss of employer’s goods or property,
(d) taking or giving bribes or any illegal gratification,
(e) habitual absence without leave or absence without leave for more than 10 days,
(f) habitual late attendance,
(g) habitual breach of any law applicable to the establishment,
(h) riotous or disorderly behaviors during working hours at the establishment or any act subversive of discipline,
(i) habitual negligence or neglect of work,
(j) frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent of the wages in a month.
(k) striking work or inciting others to strike work in contravention of the provision of any law, or rule having the force of law.
[1][(4) (a) Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the workman within a week from the date of suspension.
(b) A workman who is placed under suspension under Cl. (a) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely:
(i ) Where the enquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension, be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workmen would have been entitled if he were on leave with wages. It the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to three-fourths of such basic wages dearness allowance and other compensatory allowances:
Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-fourth of such basic wages, dearness allowance and other compensatory allowances.
(ii) Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension, be equal to one half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he was on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days , the subsistence allowance shall for such period be equal to three-fourths of such wages:
Provided that where such enquiry or criminal proceeding is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding one hundred and eighty days , be reduced to one-fourth of such wages.
[2][(b-a) In the enquiry, the workman shall be entitled to appear in person or to be represented by an office-bearer of a trade union of which he is a member.
(b-b) The proceedings of the enquiry shall be recorded in Hindi or in English , the language of the State where the industrial establishment is located, whichever is preferred by the workman.
(b-c) The proceedings of the inquiry shall be completed within a period of three months :
Provided that the period of three months may, for reasons to be recorded in writing, be extended by such further period as may be deemed necessary by the inquiry officer.]
(c) If on the conclusion of the enquiry or, as the case may be, of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly:
Provided that when an order of dismissal is passed under this clause, the workman shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period, and the subsistence allowance already paid to him shall not be recovered :
Provided further that where the period between the date on which the workman was suspended from duty pending the inquiry or investigation or trial and the date on which an order or suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period :
Provided also that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:
Provided also that in the case of a workman to whom the provisions of clause (2) of Article 311 of the Constitution apply, the provisions of that article shall be complied with.
(d) If on the conclusion of the inquiry, or as the case may be, or the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.
(e) The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension.]
[3](5) In awarding punishment under this standing order, the [4][authority imposing the punishment]shall take into account any gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances, that may exist. A copy of the order passed by the 17[authority imposing the punishment] shall be supplied to the workman concerned.
[5][(6) (a) A workman aggrieved by an order imposing punishment may within twenty-one days from the date of receipt of the order, appeal to the appellate authority.
(b) The employer shall, for the purposes of Cl. (a) specify the appellate authority.
(c ) The appellate authority, after giving an opportunity to the workman of being heard shall pass order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the workman in writing.]
Regards
Vipin
From India, New Delhi
Dear Mr. Malikjs,As per my knowledge standing orders deals with some of ideal situations of misconducts that are identified and recognised by the Management, Trade Unions and Government.Those situations for misconducts are defined under the Model Standing Orders as well as Certified Standing orders as ideal situation that may arise out of employment related issues.There are several situations which are not defined and imagined by the parties and therefore law does not restrict to take action in the even of certain misconducts of which are not defined in Standing Orders but the gravity of misconduct is very serious in nature and after such mosconduct continuation of employee in the services of employer may cause further dammage to the interest of employees, employers and his business as whole such misconducts are also upheld by the various courts.For example, Murder of co-workmen is not defined but such serious misconduct is criminal offence...Similarly attempt to murder is also criminal offnece. Hence such kind of serious misconducts or similar nature and interpretation can be extended in taking actions on employees even if misconducts are not expressed in Standing Orders. But this comes under doctrine of Implied situations.Badlu
From Saudi Arabia
From Saudi Arabia
Dear Seniors, Can anyone give me more information about Certified Standing Orders as I am not familiar with this at all. Thanks a lot in anticipation!
From India, Faridabad
From India, Faridabad
Respected Sir
As of my small knowledge I feel the standing order deal with only Ideal situations that occurs in all Industries/sectors.
The Company policy will take care of the remaining, It is mandatory that every company should go by Law but it should also keep the company policies in mind.
Based on the above details I personally feel we can terminate any employee who comes under the Misconduct of Company policies and Standing order of law.
(Correct me if I am wrong)
Regards
R.Palanivel Kumar
99942 75566
From India, Coimbatore
As of my small knowledge I feel the standing order deal with only Ideal situations that occurs in all Industries/sectors.
The Company policy will take care of the remaining, It is mandatory that every company should go by Law but it should also keep the company policies in mind.
Based on the above details I personally feel we can terminate any employee who comes under the Misconduct of Company policies and Standing order of law.
(Correct me if I am wrong)
Regards
R.Palanivel Kumar
99942 75566
From India, Coimbatore
Mr. sumitsaxenagist and Chunu, Please read Industrial Employment (Standing Orders) Act. You have to read this for understanding enitre application and legal compliance. For information it applies to Establishment employing 100 or more employees. THis is mandatory provision. In case you don't have recognised trade union a representative union in local area may have certified Standing Orders for nature of your industry classification to treat same as Model Standing Orders for your industry because that certified standing for similar nature of industry become model for your industry unitil you have your own certified Standing Orders which is long process described in the State Rules.Badlu
From Saudi Arabia
From Saudi Arabia
Dear Sumit and Chunu,
If your company is new one, you can continue without applying for your company standing order for least 5 years. so same company will follow common standing order of labour office. If you think to have your company set of Standing order (point specified should come under Industrial Employment standing order act,1946), your company strenght should be more than 100 as Mr.BadLooser said. Hereby i am attaching the presentation and sample standing order.
Mr.Badlooser can i have sample copy of Certified standing order.
From India, Bangalore
If your company is new one, you can continue without applying for your company standing order for least 5 years. so same company will follow common standing order of labour office. If you think to have your company set of Standing order (point specified should come under Industrial Employment standing order act,1946), your company strenght should be more than 100 as Mr.BadLooser said. Hereby i am attaching the presentation and sample standing order.
Mr.Badlooser can i have sample copy of Certified standing order.
From India, Bangalore
dear sumit
i will suggest you to raise your query seprately because we should not change any topic in between.
now as you have asked about certified standing orders?
these standing orders are formed and certified as per standing orders act 1948.in these orders terms and condition of employment are defined.what type of employment ,probation period,notice period etc .everthing defined about employment.
ever establismrnt if have more than 100 workers than you have to get certified your standing orders from deupty labour commissioner.if this condition of certification is not applicable to you than u have to follow model standing orders.
all states have their rules and other notification for certification,as u take case of U P
,IF IT IS A FACTORY THAN U HAVE TO GET YOUR STANDING ORDER CERTIFED IT MEANS ALL FACTORY SHOULD HAVE CERTIFIED STANDING SRDERS AND IF IT IS SHOP
OR ESTABLISHMENT THAN MINIMUM STRENGTH IS 50 FOR CERTIFICATION.
TKS
JS MALIK
From India, Delhi
i will suggest you to raise your query seprately because we should not change any topic in between.
now as you have asked about certified standing orders?
these standing orders are formed and certified as per standing orders act 1948.in these orders terms and condition of employment are defined.what type of employment ,probation period,notice period etc .everthing defined about employment.
ever establismrnt if have more than 100 workers than you have to get certified your standing orders from deupty labour commissioner.if this condition of certification is not applicable to you than u have to follow model standing orders.
all states have their rules and other notification for certification,as u take case of U P
,IF IT IS A FACTORY THAN U HAVE TO GET YOUR STANDING ORDER CERTIFED IT MEANS ALL FACTORY SHOULD HAVE CERTIFIED STANDING SRDERS AND IF IT IS SHOP
OR ESTABLISHMENT THAN MINIMUM STRENGTH IS 50 FOR CERTIFICATION.
TKS
JS MALIK
From India, Delhi
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