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Hello All,

I was looking for information on above that is what would define misconduct in an Organization which is operating in Karnataka if there are no certified standing Orders.

Any help on this is appreciated.

Regards,
Kumari
7th August 2017 From India, Bengaluru

Srinath Sai Ram
Hr Manager
Dmc123
Legal Consultancy
+3 Others

If your employee strength is 50 or more the Karnataka Standing orders rules & therefore the Act becomes applicable to you. It not statutorily required to get the standing orders certified.

Shrikant Prabhudesai
7th August 2017 From India, Mumbai
... and the list of misconducts is appended in the rules.
7th August 2017 From India, Mumbai
Dear Kumari,

Please go through Clause 24 of the Industrial Employment Standing orders Act, Schedule I wherein all the misconducts are listed, however you need to interpret them as per the misdeed and include in the relevant clauses, for example, "drunkenness, riotous , disorderly or indecent behaviour on the premises of the establishment' brings within its fold any or all of these terms, like a person can be chargesheeted either for drunkenness or riotous or disorderly or indecent behaviour on the premises of the establishment ; therefore it is not necessary that all these four misconducts should be present in the act or misdeed at the same time , it can be done separately too, similarly about absenteeism etc.
9th August 2017 From India, Pune
Hello,

Thanks for your replies , the Karnataka Government has given exemption to the IT/ITES companies from the applicability of the Industrial Employment (standing Orders) Act, 1946 (Central act of 1946) that is I believe that they don't need to certify standing orders to the best of my knowledge.

Then my question is will the misconduct be defined by the Model standing orders or the Company drafted conduct/service rules ?

Which will have the legally binding effect in the above case Model standing Orders or the Company drafted conduct rules ?

Regards
10th October 2017 From India, Bengaluru
Dear Kumari,

If you are employing more than 100 workmen in your establishment in preceding 12 months, then Industrial Employment standing orders Act would be applicable to your company. If you have your own conduct rules they should be in keeping with the model Standing orders, ie they should not be less favourable and should contain all the provisions as envisaged under MSO. If put to judicial scrutiny MSO will always have more weightage.
11th October 2017 From India, Pune
Dear Kumari,

Please share the Govt notification wherein you are exempt from Standing orders Act, then I can give proper advice.
11th October 2017 From India, Pune
Hello,

Thanks for your valuable comments and replies, attaching the notification exempting IT/ITES Companies.

Regards
Kumari
11th October 2017 From India, Bengaluru

Attached Files
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File Type: pdf Notification.pdf (1.47 MB, 14 views)
The act is not applicable as per the attachment, but read clause III of the attachment.

Each IT/ITES/Startrrps/Animation/Gaming/Computer Graphics/ Telecom/ BPO/KPO/other knowledge baSed industries establishment shall Intimate information about the cases of disciplinary action like suspension, discharge, termination, demotion, dismissal etc. of its
employees to the Jurisdictional Deputy Labour Commissioner and Commissioner of Labour in Karnataka.

Now in order to initiate disciplinary action the employee should have indulged in misconduct. Hence the clause of misconducts under standing orders act becomes relevant & applicable.
11th October 2017 From India, Mumbai
Dear Kumari, you should have your Company Service Rules in lieu of Standing Orders.It appears that you have not yet framed Service Rules.Exemption from the purview of Standing Orders Act, warrants framing of Company Service Rules.Such Service Rules does not require Certification fro the Certifying Authority
11th October 2017 From India, New Delhi

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