Misconduct Policies: Can Organizations Create Their Own or Must They Follow Specific Laws?

Can any organization design and draft misconduct policies on its own, or does it have to be backed by specific laws?

You can take a draft from Model Standing Orders, modify it a little here and there (organization-specific changes), and 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 the charge sheet, they argued that it is not a misconduct under the standing orders. They were reinstated in their job. The moral of the story is that there should be enough room to prevent the misuse of standing orders.

All the best.

Hi Ali,

You may compile/draft all such acts whose commission/omission 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

Yes, you can draft on your own. It should be in line with Model Standing Orders. To enforce your drafted regulations, it should have to be certified by the appropriate labor forum.

Proving a particular act as misconduct is not a big problem, but there will always be different views on the degree of seriousness of the misconduct committed.

Secondly, the punishment given for a particular misconduct will always be challenged as very harsh. (Knitting while on duty. Can an employee be thrown out of a job for this misconduct?)

AkbarAli asked, "Can any organization design and draft misconducts on its own, or does it have to be backed by specific laws?"

Misconduct and Model Standing Orders

Misconduct should be in line with model standing orders. When addressing misconduct, please provide guidance on it.

Regards