Disciplinary Proceedings; Charge Sheet, Inquiry and Punishment

 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