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
0 comments:
Post a Comment