Why Are HR Pros Silent on Misconduct Termination Queries but Engage in Other Topics?

Dear HR professionals,

I raised a question regarding an employee who was terminated for misconduct after an inquiry. The specific misconduct in question was not defined in the certified standing orders. However, no HR personnel has responded to my query.

On another note, someone asked about a situation where my female boss proposed a threat, which garnered 6500 views and 125 replies. I am truly disappointed with the lack of response from HR professionals.

Thank you,
JS MALIK

Dear Sir,

I am also looking for this answer.

Disciplinary action for misconduct:
(1) A workman may be fined up to two percent of his wages in a month for the following acts and omissions:
Note: Specify the acts and omissions which the employer may notify with the previous approval of the Government or of the prescribed authority in pursuance of section 8 of the Payment of Wages Act, 1936.
(2) A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice if found guilty of misconduct.
(3) The following acts and omissions shall be treated as misconduct:
(a) willful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior,
(b) theft, fraud, or dishonesty in connection with the employer's business or property,
(c) willful damage to or loss of employer's goods or property,
(d) taking or giving bribes or any illegal gratification,
(e) habitual absence without leave or absence without leave for more than 10 days,
(f) habitual late attendance,
(g) habitual breach of any law applicable to the establishment,
(h) riotous or disorderly behavior during working hours at the establishment or any act subversive of discipline,
(i) habitual negligence or neglect of work,
(j) frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 percent of wages in a month,
(k) striking work or inciting others to strike work in contravention of the provision of any law or rule having the force of law.

(4) (a) Where a disciplinary proceeding against a workman is contemplated or pending, or where criminal proceedings against him in respect of any offense are under investigation or trial, and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing, suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the workman within a week from the date of suspension.

(b) A workman placed under suspension under Clause (a) shall, during the period of suspension, be paid a subsistence allowance at specified rates.

(c) In awarding punishment under this standing order, the authority imposing the punishment shall take into account the gravity of the misconduct, the workman's previous record, if any, and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the authority imposing the punishment shall be supplied to the workman concerned.

(5) A workman aggrieved by an order imposing punishment may, within twenty-one days from the date of receipt of the order, appeal to the appellate authority.

Regards,
Vipin

Dear Mr. Malikjs,

As per my knowledge, standing orders deal with some ideal situations of misconduct that are identified and recognized by the management, trade unions, and government. These situations for misconduct are defined under the Model Standing Orders as well as Certified Standing Orders, as ideal situations that may arise out of employment-related issues.

There are several situations which are not defined or imagined by the parties, and therefore the law does not restrict taking action in the event of certain misconducts that are not defined in Standing Orders. However, if the gravity of the misconduct is very serious in nature, and after such misconduct, the continuation of the employee in the services of the employer may cause further damage to the interests of employees, employers, and his business as a whole, such misconducts are also upheld by various courts.

For example, the murder of co-workers is not defined, but such a serious misconduct is a criminal offense. Similarly, an attempt to murder is also a criminal offense. Hence, such serious misconducts or similar in nature and interpretation can be extended in taking actions on employees even if the misconducts are not expressed in Standing Orders. This falls under the doctrine of Implied Situations.

Badlu

Dear Seniors,

Can anyone give me more information about Certified Standing Orders as I am not familiar with this at all. Thanks a lot in anticipation!

Respected Sir,

From my limited knowledge, I believe the standing order deals with only ideal situations that occur in all industries/sectors. The company policy will take care of the rest. It is mandatory for every company to abide by the law, but it should also consider the company policies.

Based on the above details, I personally believe that we can terminate any employee who violates the company policies or the standing order of the law.

(Correct me if I am wrong.)

Regards,

R. Palanivel Kumar
99942 75566

Hello, I have a new company in the automobile industry. Are standing orders necessary here too? Does every company have its own standing orders? Please guide.

Thanks,
Seema
INDO FARM INDUSTRIES 🤔

Mr. Sumit Saxena and Chunu, please read the Industrial Employment (Standing Orders) Act. You have to read this for understanding the entire application and legal compliance. For your information, it applies to establishments employing 100 or more employees. This is a mandatory provision. In case you don't have a recognized trade union, a representative union in the local area may have certified Standing Orders for the nature of your industry classification to treat the same as Model Standing Orders for your industry. This is because that certified standing order for a similar nature of the industry becomes a model for your industry until you have your own certified Standing Orders, which is a long process described in the State Rules.

Badlu

---

Dear Sumit and Chunu,

If your company is a new one, you can continue without applying for your company's standing order for at least 5 years. So the same company will follow the common standing order of the labor office. If you think to have your company's set of Standing Orders (points specified should come under the Industrial Employment Standing Orders Act, 1946), your company's strength should be more than 100, as Mr. BadLooser said. Hereby, I am attaching the presentation and a sample standing order.

Mr. BadLooser, can I have a sample copy of the certified standing order?

Dear Sumit,

I suggest that you raise your query separately because we should not change any topic in between. Now, as you have asked about certified standing orders:

These standing orders are formed and certified as per the Standing Orders Act of 1948. In these orders, terms and conditions of employment are defined - the type of employment, probation period, notice period, etc. Everything is defined concerning employment.

For every establishment with more than 100 workers, you have to get your standing orders certified by the Deputy Labour Commissioner. If this condition of certification does not apply to you, then you have to follow the model standing orders. All states have their rules and other notifications for certification. Taking the example of Uttar Pradesh, if it is a factory, then you have to get your standing order certified. It means all factories should have certified standing orders, and if it is a shop or establishment, then the minimum strength required for certification is 50.

Thank you,
JS Malik