Srinath Sai Ram
Hr Manager
Dmc123
Legal Consultancy
+3 Others

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
From India, Bengaluru

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
From India, Mumbai
... and the list of misconducts is appended in the rules.
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.
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
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.
From India, Pune
Dear Kumari,
Please share the Govt notification wherein you are exempt from Standing orders Act, then I can give proper advice.
From India, Pune
Hello,
Thanks for your valuable comments and replies, attaching the notification exempting IT/ITES Companies.
Regards
Kumari
From India, Bengaluru

Attached Files
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File Type: pdf Notification.pdf (1.47 MB, 22 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.
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
From India, New Delhi
Dear Kumari,
It is clear from the notification that the S.O.Act is not applicable to your establishment.
Therefore, you may frame your own Service Rules on the lines of SO Act, incorporating, inter alia, the list of misconducts and any additional misconducts specific to your industry togetherwith procedure of disciplinary action and type of punishment for proven acts of misconducts.
Since you are out of the perview of the said Act, you don't have to get it certified except to communicate to all the staff to whom they are applicable.
Regards
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Dear Kumari,
In addition to above, as per clause IV of said notification, the condition that any information regarding service conditions of the employees of any IT/ITES/Startups/Animation/Gaming/Computer graphics/Telecom/BPO/KPO/other knowledge based industries establishment sought by the jurisditional Dy Labour commissioner or Commissioner of Labour in Karanataka shall be promptly and fully sumitted by every employer within the reasonable time frame fixed by the Authority.
So you need to have your own service rules in line with MSO with liberty to add any more misconducts peculiar to your industry as also trainee definition depending on length of training required in each case.
As and when authority calls for these rules, you are bound to submit it.
From India, Pune
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