Industrial & Commercial (Standing
Orders) Ordinance, 1968
Standing Orders regulates
the disciplinary proceedings against workman. Provincial assemblies also have
enacted provincial standing orders.
Discipline
Discipline is a conduct of employees in accordance
with the organization's rules or we say it is a set of acceptable behavior in
organization.
Disciplinary
Action
An action taken for correctness
and improvement in performance is called disciplinary action. It also creates caution
for others from committing misconduct.
Principles
of Natural Justice
• No
man shall be condemned unheard.
• No
man shall be a judge of his own cause.
• Justice
shall not only be done but shall manifestly seen to be done.
ACTS
& OMISSIONS
(ii) Following
is the list of acts and omissions–
(a) Disregard
or disobedience of rules or orders;
(b) Improper
behaviour, such as drunkenness;
(c) Making
false or misleading statements;
(d) Inefficient,
dilatory, careless or wasteful working;
(e) Malingering.
Misconduct
The following ACTS &
OMISSIONS are misconduct under Law.
a.
Willful insubordination or disobedience,
whether alone or in combination with others, to any lawful and reasonable order
of a superior;
b. Theft, fraud, or dishonesty in connection
with the employer’s business or property;
c.
Willful damage to or loss of employer’s
goods or property;
d.
Taking or giving bribes or any illegal
gratification;
e.
Habitual absence without leave or absence
without leave for more than ten days;
f.
Habitual late attendance;
g.
Habitual breach of any law applicable to
the establishment;
h.
Riotous or disorderly behavior during
working hours at the establishment or any act subversive of discipline;
i.
Habitual negligence or neglect of work
j.
Frequent repetition of any act or omission
referred to in clause (1);
k.
Striking work or inciting others to strike
in contravention of the provisions of law.
l.
Go - slow
Punishments
A workman found guilty of
misconduct shall be liable to any of the following punishments:-
1.
Fine in the manner prescribed under the
Payment of Wages Act, 1936 (IV of 1936), upto three paisa in the rupee of the
wages payable to him in a month;
2.
Withholding of increment or promotion for
a specified period not exceeding one year;
3.
Reduction to a lower post; or
4.
Dismissal without payment of any
compensation in lieu of notice.
Steps
in Disciplinary Proceedings
1.
Disciplinary action starts with some
undesirable Act or Omission by a
worker which is called misconduct
under law. Such act or omission should be barred under law and company policy.
2.
It’s obligatory for supervisor to initiate
Incident report after observing
misconduct.
3.
Management shall review the incident
report and if feel appropriate charge
Sheet shall be issued to accused. Charge sheet shall be signed by employer
as defined under law. Reasonable time ranging between three to seven days in routine
is given to worker for submission of reply
to charge sheet.
4.
Employer can order impartial inquiry upon allegation levelled against worker if reply
to charge sheet is found unsatisfactory or employer want to probe further into
matter.
5.
Inquiry
Notice shall be issued to worker with direction to appear
before inquiry officer or board of inquiry alongwith his defence in form of
witnesses and evidences whichever he wants to bring in support of his
contentions.
6.
Employer can suspend accused worker for a
period not exceeding four days at a time in Punjab, and one week in Sindh and
Khyber Pakhtunkhwa. Maximum period of suspension
shall not exceed four weeks
7.
Fair opportunity shall be given to accused
during course of Inquiry Proceedings.
Prosecution and accused can cross examin each other and their witnesses on
their statements. Inquiry officer can also ask questions from any person
appearing before him for recording statement in inquiry proceedings.
8.
After completion of inquiry proceedings
the Inquiry officer or the board of Inquiry shall submit a report to employer
with their findings on charges levelled against accused in charge sheet.
9.
Employer shall pass order of final verdict
after evaluating the quantum of misconduct committed by accused, if allegations
are proved.
Final Verdict
Employer
can impose one of following punishment at a time.
1. Fine
upto 3% of wage after approval from Chief Inspector Factories, Punjab
2. Withholding
of Increment or Promotion for a period not exceeding one year
3. Reduction
to a lower post
4.
Dismissal
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