Dinesh Divekar
Business Mentor, Consultant And Trainer
Nagarkar Vinayak L
Hr-consultant
Kritarth Consulting
Spl Educators Posh Programs & Hr D &
Pvenu1953@gmail.com
Retired Government Servant/advocate
Nathrao
Insolvency N Gst Professional

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Can you please help me to draft circular towards salary deduction for indecent behavior and not following company norms inside the building permises
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Dear friend,
What was "indecent behaviour"? Have you defined " indecent behaviour" as the misconduct in the standing orders of your company? If not, then first insert this type of misconduct in the standing orders.
Secondly, if you wish to award "forfeiture of salary and wages" as the punishment then it can be done only after a proper domestic enquiry. Forfeiting wages without enquiry could pose a risk. If it gets noticed by the labour officer during his/her inspection, he/she might raise the objection.
Lastly coming to "indecent behaviour" again. How many persons were involved in this type of behaviour? Did anyone raise an objection when someone behaved indecently?
Thanks,
Dinesh Divekar
Hon'ble Supreme Court of India , long ago, Ruled that " Any Act Unworthy of Employment" will amount to / constitute Acts of Misconduct and in the Industrial Employment (Standing Orders) Act 1946, the Term/Expression " Indecenet Act or Behaviour " has been used which is further illustrated in Acts of Misconduct normally Listed under the Heading " Acts of Misconduct" for which the concered Employee is liable to Punishment.
Quantum of Proprtionate Punishment is aloso described in the CSO or Service Rules Applicable to Industrial Esta or Commercial Esta as the case may be.
Indecent conduct or behaiviour are such which are Unwelcome, humiliating and or adversely affect/impact others at the premises.
Kritarth Team,
20.5.2019
Dear Colleague,
You need to appreciate that the matters relating to misconducts and their punishment are covered/governed by either the Employment Standing Orders Act/Rules or the Service Rules as defined by the Company.
Your powers to proceed against an employee for any misconduct emanate from the above.
Under the ESO Act ,the Model Standing orders provide for list of misconducts , provision of domestic enquiry and type of punishment depending on the gravity of the misconduct committed.
You need to first ascertain that this Act applies to your establishment.
If not, whether Company's Service Rules provide for the provisions similar to MSO.
The MSO lists several misconducts and the act of "Indecent behavior" is not listed as such but can be covered under " Any act subversive of good discipline and behaviour "
There is long drawn out procedure laid down under the ESO Act for any amend ment in the MSO and it becomes more tedious if there is Union challenging the amendment.
As per well established principles and industrial practice, for proven act of misconduct of indecent behaviour , punishment of deduction of wages will be inappropriate. Deduction of wages is awarded for employee's unauthorized absence from the place of work or duty.
Regards,
Vinayak Nagarkar
HR-Consultant
Salary deduction is not an easy course of action.There is need for proper enquiry and followup actions.
First define what is indecent behaviour.
Then inform people about it.
Then if violations take place act on it.
An employee who does not perform, the duty as assigned, is not entitled for salary for the particular day(s). Beyond that, salary cannot be deducted or withheld as a matter of course, whatever be the misconduct or wrongdoing. Of course, the employer can impose punishment for any misconduct following the due process.
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