Can any organization design & draft misconducts on its own or it has to be backed by specific laws?
From Pakistan, Karachi
From Pakistan, Karachi
you can take a draft from Model Standing orders, modify a little here and there (organization specific changes) & use the same after certification of standing orders.
there was an interesting case where about 90 misconducts were listed and the 90 did not include knitting while on duty. Two ladies were found knitting sweaters. On charge sheeting, they came up with a view that it is not a misconduct under the standing orders. Reinstated in job. Moral of the story is there should be enough room to arrest misuse of the standing orders.
All the best.
From India
2there was an interesting case where about 90 misconducts were listed and the 90 did not include knitting while on duty. Two ladies were found knitting sweaters. On charge sheeting, they came up with a view that it is not a misconduct under the standing orders. Reinstated in job. Moral of the story is there should be enough room to arrest misuse of the standing orders.
All the best.
From India
Hi Ali
You may compile / draft all such acts whose commission / ommission may constitute misconduct. However they will have to be certified by the competent authority . Please refer to the Model standing Orders or Industrial Employment Standing Orders Act as applicable to you for further guidelines.
Best
Jai.
From India
You may compile / draft all such acts whose commission / ommission may constitute misconduct. However they will have to be certified by the competent authority . Please refer to the Model standing Orders or Industrial Employment Standing Orders Act as applicable to you for further guidelines.
Best
Jai.
From India
Misconduct has to be addressed on a case to case basis. There is no standard format/procedure/process/tool available to handle instances of indiscipline.
Standing Orders provide for the guidelines to handle cases of indiscipline/misconduct. However, no Standing Orders can have an exhaustive set of Mis-conducts listed in them. There is always a clause which states that the "above list of misconducts are not exhaustive and includes any other misconduct not included hereinabove".
Merely because an act of misconduct is not included in the acts of Misconduct listed in the Standing Orders, does not mean that the employer cannot take appropriate disciplinary action against an employee.
The example of "Knitting while on duty" ......and the resulting reinstatement...most likely the reinstatement must have happened due to fact that punishment of dismissal for such disorderly conduct is not in proportion to the act of misconduct committed. It is too harsh considering the act of misconduct committed.
Handling cases of indiscipline is a skill which one masters over a period of time and with experience.
We at Karma-HR are willing to help you with managing indiscpline. Please visit us at www.karma-hr.com or mail your queries at
.
Best Wishes,
Vasant Nair
Director
Karma-HR
09717726667
From India, Mumbai
Standing Orders provide for the guidelines to handle cases of indiscipline/misconduct. However, no Standing Orders can have an exhaustive set of Mis-conducts listed in them. There is always a clause which states that the "above list of misconducts are not exhaustive and includes any other misconduct not included hereinabove".
Merely because an act of misconduct is not included in the acts of Misconduct listed in the Standing Orders, does not mean that the employer cannot take appropriate disciplinary action against an employee.
The example of "Knitting while on duty" ......and the resulting reinstatement...most likely the reinstatement must have happened due to fact that punishment of dismissal for such disorderly conduct is not in proportion to the act of misconduct committed. It is too harsh considering the act of misconduct committed.
Handling cases of indiscipline is a skill which one masters over a period of time and with experience.
We at Karma-HR are willing to help you with managing indiscpline. Please visit us at www.karma-hr.com or mail your queries at
Best Wishes,
Vasant Nair
Director
Karma-HR
09717726667
From India, Mumbai
Yes you can draft on your own. It should be in line with Model Standing ORders. To enforce you draft regulations it should have to certified by appropriate labour forum.
From India, Tiruchchirappalli
From India, Tiruchchirappalli
- Proving particular act as a misconduct is not a big problem but there will be always different views on the degree of seriousness of misconduct committed.
- Secondly punishment given for a particular misconduct will always be challenged as a very harsh. (Knitting while on duty. Can employee be thrown out of job for this misconduct??)
From India, Pune
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