Can you please help me to draft circular towards salary deduction for indecent behaviour and not following company norms inside the building permises
From India, Tiruppur
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From India, Tiruppur
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Dear friend,
What was "indecent behaviour"? Have you defined "indecent behaviour" as misconduct in the standing orders of your company? If not, then first insert this type of misconduct in the standing orders.
Secondly, if you wish to award "forfeiture of salary and wages" as the punishment, then it can be done only after a proper domestic inquiry. Forfeiting wages without an inquiry could pose a risk. If it is noticed by the labor officer during his/her inspection, he/she might raise an objection.
Lastly, coming to "indecent behaviour" again. How many persons were involved in this type of behavior? Did anyone raise an objection when someone behaved indecently?
Thanks,
Dinesh Divekar
From India, Bangalore
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8036What was "indecent behaviour"? Have you defined "indecent behaviour" as misconduct in the standing orders of your company? If not, then first insert this type of misconduct in the standing orders.
Secondly, if you wish to award "forfeiture of salary and wages" as the punishment, then it can be done only after a proper domestic inquiry. Forfeiting wages without an inquiry could pose a risk. If it is noticed by the labor officer during his/her inspection, he/she might raise an objection.
Lastly, coming to "indecent behaviour" again. How many persons were involved in this type of behavior? Did anyone raise an objection when someone behaved indecently?
Thanks,
Dinesh Divekar
From India, Bangalore
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Honorable Supreme Court of India, long ago, ruled that "Any Act Unworthy of Employment" will amount to/constitute acts of misconduct. In the Industrial Employment (Standing Orders) Act 1946, the term/expression "Indecent Act or Behavior" has been used, which is further illustrated in acts of misconduct normally listed under the heading "Acts of Misconduct" for which the concerned employee is liable to punishment.
The quantum of proportionate punishment is also described in the CSO or Service Rules applicable to industrial establishments or commercial establishments, as the case may be. Indecent conduct or behavior is such that it is unwelcome, humiliating, and/or adversely affects/impacts others on the premises.
Kritarth Team, 20.5.2019
From India, Delhi
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The quantum of proportionate punishment is also described in the CSO or Service Rules applicable to industrial establishments or commercial establishments, as the case may be. Indecent conduct or behavior is such that it is unwelcome, humiliating, and/or adversely affects/impacts others on the premises.
Kritarth Team, 20.5.2019
From India, Delhi
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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 a list of misconducts, provision of domestic enquiry, and the 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 the Company's Service Rules provide for 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 behavior." There is a long-drawn-out procedure laid down under the ESO Act for any amendment in the MSO, and it becomes more tedious if there is a Union challenging the amendment. As per well-established principles and industrial practice, for a proven act of misconduct of indecent behavior, the punishment of deduction of wages will be inappropriate. Deduction of wages is awarded for the employee's unauthorized absence from the place of work or duty.
Regards, Vinayak Nagarkar HR-Consultant
From India, Mumbai
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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 a list of misconducts, provision of domestic enquiry, and the 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 the Company's Service Rules provide for 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 behavior." There is a long-drawn-out procedure laid down under the ESO Act for any amendment in the MSO, and it becomes more tedious if there is a Union challenging the amendment. As per well-established principles and industrial practice, for a proven act of misconduct of indecent behavior, the punishment of deduction of wages will be inappropriate. Deduction of wages is awarded for the employee's unauthorized absence from the place of work or duty.
Regards, Vinayak Nagarkar HR-Consultant
From India, Mumbai
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Salary deduction is not an easy course of action. There is a need for proper enquiry and follow-up actions. First, define what indecent behavior is. Then inform people about it. Finally, if violations take place, act on them.
From India, Pune
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From India, Pune
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An employee who does not perform the duty as assigned is not entitled to salary for the particular day(s). Beyond that, salary cannot be deducted or withheld as a matter of course, whatever the misconduct or wrongdoing. Of course, the employer can impose punishment for any misconduct following the due process.
Let me know if you need any further assistance.
From India, Kochi
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Let me know if you need any further assistance.
From India, Kochi
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