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"Acts of Misconduct Frequently Warranting Disciplinary Action":
In spite of the fact that most of our Employees, faithfully and properly, obey the Rules and Regulations of the Workplace applicable to them, uniformly, there are occasions when certain Acts of Misconduct are reported or brought to the attention of their Employer who is law-bound to initiate Disciplinary Action against the concerned Employees in accordance with the Twin Principles of Natural Justice and the Codified Service Rules or the Certified Standing Orders.
Ordinarily, the acts of misconduct are illustrated, with sufficient precision in the Certified Standing Orders and the Codified Service Rules and are notified to all Employees at the Workplace premises and relevant extracts of the Rules and Orders are displayed on Notice Boards at a conspicuous place for information of all concerned.
In addition to the Acts of Misconduct illustrated in the Certified Standing Orders and the Codified Service Rules, the Hon’ble Supreme Court of India in their Judgement in 1963, Observed that the following would constitute Misconduct in absence of Standing Orders (and Service Rules),:-
1. Acts which are subversive of Discipline;
2. Rowdy conduct in the course of Working Hours;
3. Misbehaviour committed even outside Working Hours but within the precincts of the Workplace Establishment and directed
towards the Employees of the same Workplace;
4. Conduct of such a nature/ character that the Employee would not be regarded as Worthy of Employment.
It is thus clear that Acts constituting Misconduct are quite comprehensive.
Frequent Reasons warranting Disciplinary Action, include:
1. Absence from Duty/Work, without prior information and or prior Permission, commonly known as Unauthorized Absence;
2. Abusing Language, Words, Expressions, Gestures etc for Supervisors, Superiors, Colleagues, Customers or any other Person
present;
3. Assaulting, Supervisor, Superiors, Co-Workers or any person in course of Employment or Arising Out of Employment;
4. Causing Unsafe Work Conditions likely to endanger Men & Machinery;
5. Damaging Employer’s Property, Machinery or Materials;
6. Data Theft and theft of Classified Documents/ and Data;
7. Dereliction of Duty;
8. Dishonesty with Company’s or Employer’s Business;
9. Disloyalty to Employers including competing with Employer,
10. Disorderly Behaviour;
Today, in this Post share, we shall take up just Two commonly reported Acts of Misconduct Listed above and on and shall dwell upon the remaining Reasons frequently warranting Disciplinary Action,: -
1. Absence from Duty/ Work without prior information and or Permission,
Commonly known as Unauthorized Absence. Such absence disrupts the Main Business of uninterrupted Production of Goods or Services, the Daily Work-Schedule of the planned Shift Working Schedule and the allotment of required Manpower.
Such disruptions are difficult to salvage and cause Business or Production Loss. Plus, such unauthorized absence demotivates Colleagues and adversely affects their Morale as Co-Workers are under compulsion to Work Overtime to reach the Targets for the Shift or the Day.
To curb and cure such “Absenteeism” the Employers are forced to enforce Workplace Discipline by resorting to Disciplinary Action resulting in Punishment;
2. Harassing Woman-Colleagues or another Woman at Workplace Premise:
Sexual Harassment of Woman at Workplace means and includes any act or behaviour which is Unwelcome and Humiliating to a Woman and simultaneously amounts to:
i. An Act of Misconduct punishable under Certified Standing Orders or the Codified Service Rules; as applicable to the Doer/ Harasser; and
ii. An Offence under the Indian Penal Code; and
iii. A Violation of Fundamental Rights of Women to Live with Dignity and Honour; Be treated Equally, and to Pursue any Avocation or Employment or Professions to be Self-Reliant.
Under the New Law namely Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, Each and Every Employer is bound by-Laws to Co-Create a Safe and Secure Workplace Environment where No Woman Shall Be Subjected to Sexual Harassment.
Please Know More in our next Post about Acts of Misconduct which frequently cause Disciplinary Action and Punishment for proven Acts of Misconduct.
Harsh Kumar Sharan, Kritarth Consulting Pvt Ltd.
//9560453756
24th August 2022;........Blog Page: http://holistichr.blogpost.com.../ http://holistichr-blogpost.com
From India, Delhi
200"Acts of Misconduct Frequently Warranting Disciplinary Action":
In spite of the fact that most of our Employees, faithfully and properly, obey the Rules and Regulations of the Workplace applicable to them, uniformly, there are occasions when certain Acts of Misconduct are reported or brought to the attention of their Employer who is law-bound to initiate Disciplinary Action against the concerned Employees in accordance with the Twin Principles of Natural Justice and the Codified Service Rules or the Certified Standing Orders.
Ordinarily, the acts of misconduct are illustrated, with sufficient precision in the Certified Standing Orders and the Codified Service Rules and are notified to all Employees at the Workplace premises and relevant extracts of the Rules and Orders are displayed on Notice Boards at a conspicuous place for information of all concerned.
In addition to the Acts of Misconduct illustrated in the Certified Standing Orders and the Codified Service Rules, the Hon’ble Supreme Court of India in their Judgement in 1963, Observed that the following would constitute Misconduct in absence of Standing Orders (and Service Rules),:-
1. Acts which are subversive of Discipline;
2. Rowdy conduct in the course of Working Hours;
3. Misbehaviour committed even outside Working Hours but within the precincts of the Workplace Establishment and directed
towards the Employees of the same Workplace;
4. Conduct of such a nature/ character that the Employee would not be regarded as Worthy of Employment.
It is thus clear that Acts constituting Misconduct are quite comprehensive.
Frequent Reasons warranting Disciplinary Action, include:
1. Absence from Duty/Work, without prior information and or prior Permission, commonly known as Unauthorized Absence;
2. Abusing Language, Words, Expressions, Gestures etc for Supervisors, Superiors, Colleagues, Customers or any other Person
present;
3. Assaulting, Supervisor, Superiors, Co-Workers or any person in course of Employment or Arising Out of Employment;
4. Causing Unsafe Work Conditions likely to endanger Men & Machinery;
5. Damaging Employer’s Property, Machinery or Materials;
6. Data Theft and theft of Classified Documents/ and Data;
7. Dereliction of Duty;
8. Dishonesty with Company’s or Employer’s Business;
9. Disloyalty to Employers including competing with Employer,
10. Disorderly Behaviour;
Today, in this Post share, we shall take up just Two commonly reported Acts of Misconduct Listed above and on and shall dwell upon the remaining Reasons frequently warranting Disciplinary Action,: -
1. Absence from Duty/ Work without prior information and or Permission,
Commonly known as Unauthorized Absence. Such absence disrupts the Main Business of uninterrupted Production of Goods or Services, the Daily Work-Schedule of the planned Shift Working Schedule and the allotment of required Manpower.
Such disruptions are difficult to salvage and cause Business or Production Loss. Plus, such unauthorized absence demotivates Colleagues and adversely affects their Morale as Co-Workers are under compulsion to Work Overtime to reach the Targets for the Shift or the Day.
To curb and cure such “Absenteeism” the Employers are forced to enforce Workplace Discipline by resorting to Disciplinary Action resulting in Punishment;
2. Harassing Woman-Colleagues or another Woman at Workplace Premise:
Sexual Harassment of Woman at Workplace means and includes any act or behaviour which is Unwelcome and Humiliating to a Woman and simultaneously amounts to:
i. An Act of Misconduct punishable under Certified Standing Orders or the Codified Service Rules; as applicable to the Doer/ Harasser; and
ii. An Offence under the Indian Penal Code; and
iii. A Violation of Fundamental Rights of Women to Live with Dignity and Honour; Be treated Equally, and to Pursue any Avocation or Employment or Professions to be Self-Reliant.
Under the New Law namely Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, Each and Every Employer is bound by-Laws to Co-Create a Safe and Secure Workplace Environment where No Woman Shall Be Subjected to Sexual Harassment.
Please Know More in our next Post about Acts of Misconduct which frequently cause Disciplinary Action and Punishment for proven Acts of Misconduct.
Harsh Kumar Sharan, Kritarth Consulting Pvt Ltd.
24th August 2022;........Blog Page: http://holistichr.blogpost.com.../ http://holistichr-blogpost.com
From India, Delhi
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