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