Can any organization design & draft misconducts on its own or it has to be backed by specific laws?
From Pakistan, Karachi
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From Pakistan, Karachi
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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.
From India
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2There 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.
From India
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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
From India
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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
From India
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Misconduct has to be addressed on a case-to-case basis. There is no standard format, procedure, process, or tool available to handle instances of indiscipline.
Standing Orders provide guidelines to handle cases of indiscipline or misconduct. However, no Standing Orders can have an exhaustive set of misconducts listed in them. There is always a clause that states, "the above list of misconducts are not exhaustive and includes any other misconduct not included hereinabove."
Merely because an act of misconduct is not included in the acts of misconduct listed in the Standing Orders, does not mean that the employer cannot take appropriate disciplinary action against an employee.
The example of "Knitting while on duty" and the resulting reinstatement most likely happened because the punishment of dismissal for such disorderly conduct is not in proportion to the act of misconduct committed. It is too harsh considering the act of misconduct committed.
Handling cases of indiscipline is a skill that one masters over time and with experience.
We at Karma-HR are willing to help you with managing indiscipline. Please visit us at [www.karma-hr.com](http://www.karma-hr.com) or email your queries to [vasantnair10@gmail.com](mailto:vasantnair10@gmailcom).
Best Wishes,
Vasant Nair
Director
Karma-HR
09717726667
From India, Mumbai
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Standing Orders provide guidelines to handle cases of indiscipline or misconduct. However, no Standing Orders can have an exhaustive set of misconducts listed in them. There is always a clause that states, "the above list of misconducts are not exhaustive and includes any other misconduct not included hereinabove."
Merely because an act of misconduct is not included in the acts of misconduct listed in the Standing Orders, does not mean that the employer cannot take appropriate disciplinary action against an employee.
The example of "Knitting while on duty" and the resulting reinstatement most likely happened because the punishment of dismissal for such disorderly conduct is not in proportion to the act of misconduct committed. It is too harsh considering the act of misconduct committed.
Handling cases of indiscipline is a skill that one masters over time and with experience.
We at Karma-HR are willing to help you with managing indiscipline. Please visit us at [www.karma-hr.com](http://www.karma-hr.com) or email your queries to [vasantnair10@gmail.com](mailto:vasantnair10@gmailcom).
Best Wishes,
Vasant Nair
Director
Karma-HR
09717726667
From India, Mumbai
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Yes you can draft on your own. It should be in line with Model Standing ORders. To enforce you draft regulations it should have to certified by appropriate labour forum.
From India, Tiruchchirappalli
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From India, Tiruchchirappalli
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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?"
From India, Pune
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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?"
From India, Pune
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Model standing orders.doc