Wednesday, 26 March 2014

Misconduct | Law


Concept of misconduct

Certain acts and omissions have been declared to be actionable under the standing order no 15 of industrial and commercial employment ordinance 1968.  “Misconduct is an act prejudicially against the benefits of others” Any willful disobedience to any superior authority would amount the misconduct.

Theft fraud of misconduct 

Disobedience must be deliberate and intentional. Theft, fraud or dishonesty in connection with the employer’s business or property. Intentionally or deliberate damage or loss of employer’s goods or property shall be a misconduct. Taking or giving bribes or any illegal gratification shall be amount to misconduct. Habitual absence without leave or with leave for more than 10 days is misconduct. Habitual late attendance of the workmen by aggregate of fact is called the misconduct.

Presentation on misconduct

Definition of misconduct

 Any breach of law habitually made by the workman is called misconduct. Workman is liable to pay fine under payment and wages act 1936 up to 3 paisa per rupee of wagee. Increments or promotion for specific period not exceeding one year shall be with – hold as punishment. A workman may also be punished by way of dismissal from service without payment of any compensation. Following are the matters to be fulfilled for dismissal of a workman as his punishment.

The worker has knowledge of legal education then the worker can not violate the law. the worker has many facility to get legal education. If the worker can not obey this law then Charge sheet is the first step of punishing the workman with dismissal from service under Standing order no 15 (4). Purpose of charge sheet is to communicate the specific charge or charges together with the allegation. Charge sheet must be in written form. Language of charge sheet must be such which can be understood by the workman.


a- Charge sheet must contain full particulars of alleged misconduct.
b- The manner in which it is alleged to have been committed
c- Any other matter that is proposed to be taken into consideration
d- The final order passed on case


a- Name and designation of superior whose disobedience has been committed
b- Nature and particulars of orders disobeyed
c- Manner in which order was issued and disobeyed by workman
d- Time, place and date of alleged disobedience

Charge sheet must be issued within one month from commission of alleged misconduct. Workman shall be given an opportunity to explain circumstances of alleged misconduct against him. When reply to charge sheet is not satisfactory, the inquiry shall be held. In the end, the employer shall approve the dismissal order of a workman. The order of dismissal shall be nullity in the eye of law

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