Dear Sir,
I want to know what type of disciplinary action is taken against misconduct (such as the use of Gutka, abuse, and taunting against senior personnel) by workers in the production area.
With Thanks & Regards,
S.K. Singh
From India, Delhi
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I want to know what type of disciplinary action is taken against misconduct (such as the use of Gutka, abuse, and taunting against senior personnel) by workers in the production area.
With Thanks & Regards,
S.K. Singh
From India, Delhi
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Dear Singh,
You have asked a simplistic question on a topic that requires a great deal of factual information. The use of gutka could be considered an offense within any office or factory, as abusing anybody, anywhere is unacceptable. However, proving intent to taunt may be challenging.
Please be more specific in your future questions.
Kannan
From India, Madras
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25You have asked a simplistic question on a topic that requires a great deal of factual information. The use of gutka could be considered an offense within any office or factory, as abusing anybody, anywhere is unacceptable. However, proving intent to taunt may be challenging.
Please be more specific in your future questions.
Kannan
From India, Madras
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S.K. Singh,
Threatening, abusing, or assaulting any superior or co-worker, or engaging in indecent behaviors while on duty at the place of work, is misconduct under the Model Standing Orders Act of 1946.
If you have your own certified standing orders and have specified that Gutka chewing will be treated as misconduct, then you can take the following steps:
1. Issue him a show-cause notice asking for his explanation.
2. After receiving his explanation where he admits to his misconduct.
3. Then issue him a suspension letter; you can suspend him for a maximum of 4 days.
Arun J.
From India, Hyderabad
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Threatening, abusing, or assaulting any superior or co-worker, or engaging in indecent behaviors while on duty at the place of work, is misconduct under the Model Standing Orders Act of 1946.
If you have your own certified standing orders and have specified that Gutka chewing will be treated as misconduct, then you can take the following steps:
1. Issue him a show-cause notice asking for his explanation.
2. After receiving his explanation where he admits to his misconduct.
3. Then issue him a suspension letter; you can suspend him for a maximum of 4 days.
Arun J.
From India, Hyderabad
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Dear Mr. Singh,
Mr. Arun J has very rightly pointed out about the Standing Order. I would like to elaborate further.
Disciplinary action can only be initiated for misconducts that have been defined in the certified standing order of your company or Model Standing Orders.
To the best of my knowledge, I have not heard anything about "gutka chewing" being defined as misconduct in any of the many standing orders I have come across. Therefore, unless it is defined as misconduct in your Certified Standing Orders, it is not considered a misconduct as per the law. However, to promote awareness against the use of tobacco or its other forms like gutka, you can display posters and provide education about the harmful effects of tobacco/tobacco products. A general awareness program can be conducted, but it cannot be enforced by law.
Regarding the use of filthy language (abuse), it is considered misconduct. First, obtain a written complaint from the person who has been affected and then proceed with disciplinary action. It has been observed in the past that in the absence of written proof, the initiator of disciplinary action is left feeling sorry due to lack of evidence, especially when dealing with individuals who may have a history of intimidation and the victims are afraid to come forward.
You will need to use your judgment and expertise in handling such situations. Not every issue can have a one-size-fits-all solution.
AK Jain
From India, New+Delhi
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Mr. Arun J has very rightly pointed out about the Standing Order. I would like to elaborate further.
Disciplinary action can only be initiated for misconducts that have been defined in the certified standing order of your company or Model Standing Orders.
To the best of my knowledge, I have not heard anything about "gutka chewing" being defined as misconduct in any of the many standing orders I have come across. Therefore, unless it is defined as misconduct in your Certified Standing Orders, it is not considered a misconduct as per the law. However, to promote awareness against the use of tobacco or its other forms like gutka, you can display posters and provide education about the harmful effects of tobacco/tobacco products. A general awareness program can be conducted, but it cannot be enforced by law.
Regarding the use of filthy language (abuse), it is considered misconduct. First, obtain a written complaint from the person who has been affected and then proceed with disciplinary action. It has been observed in the past that in the absence of written proof, the initiator of disciplinary action is left feeling sorry due to lack of evidence, especially when dealing with individuals who may have a history of intimidation and the victims are afraid to come forward.
You will need to use your judgment and expertise in handling such situations. Not every issue can have a one-size-fits-all solution.
AK Jain
From India, New+Delhi
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc