2. Labor Law
Labor Laws can be classified into the following eight
Laws related to Industrial Relations
Laws related to Wages
Laws related to Specific Industries
Laws related to Equality and Empowerment of Women
Laws related to Deprived and Disadvantaged Sections of
Laws related to Social Security
Laws related to Employment & Training
3. Laws Related to IR
The Trade Unions Act, 1926
The Industrial Employment Act (Standing Order),
The Industrial Disputes Act, 1947
4. Problems faced by Trade Unions
Lack of balanced growth
Poor Financial Position
Multiplicity of Unions
Inter Union Rivalry
Lack of able leader
Lack of Recognition
5. Labour Problem- Misconduct and
Labor behavior on the duty
Mentioned in the item no. 9 & 14 of schedule -1 in
Misconducts are acts or conduct of employees
prohibited under the employee disciplinary rules. A
misconduct can lead to disciplinary action taken
against the employee at fault
6. Code of discipline defines terms and condition which
is accepted by employer and workers.
A code of discipline drafted by the sub committee
was duly rectified by the central organizations of
workers and employers at the 16th session of the
Indias Labour conference in March 1958 and
operated from June 1958
Code of discipline
7. Without proper notice, strike is not permitted
No damage should be caused in plant or property
Violence, coercion should not be resorted
Willful damage to or loss of employer’s goods or
Taking and giving bribes for any illegal gratification
Principals of code of conduct
8. Habitual absence without leave or absence without
leave for more than 10 days.
Habitual late attendance
Habitual breach of any law applicable to the
Habitual negligence or neglect of work
Frequent repetition of any act
Principals of code of conduct….
9. Principals of code of conduct….
Striking work or inciting others to strike work in
contravention (with conflict)
Sexual harassment which includes such unwelcome
sexually determined behavior (weather directly or by
1. Physical Contact
2. A demand or request for sexual favors
3. Sexually –colored remarks
4. Showing pornography
5. Verbal and nonverbal signs
10. The procedure is evolved by various high courts and supreme courts
in appeal under Article 226 and Article 136 of the constitution of India
respectively. The procedure is based on principles of natural justice.
Broadly speaking the following requirements are sine qua for
inflicting punishment upon a workman.
Holding a domestic enquiry
Report of the enquiry officer
Show cause notice
Order of punishment
Procedure for Disciplinary Action
11. A preliminary enquiry is the first phase to collect
proper and accurate information against a particular
worker who has done any misconduct in the course
of his employment.
Examine the material and to see whether a prima
facie case exist calling for detailed inquiry.
12. Memorandum of charge
Charge is a concrete accusation made against a person in
respect of an act either committed or omitted to be done
in violation of the law.
Allegation of misconduct, misbehaviour, etc on the part
of the employee.
Memorandum of accusations which are levelled against
an employee who commits a breach of any rules,
regulations, standing orders or an implied term of
13. Each and every point should be Clearly Explain
Points should be specific and unambiguous Language
With full particular, time , date and incident
Each incident which constitutes misconduct must be
It must be ensured that the charge mentioned in the
charge sheet is specific as well as complete in all
How to Draft a Charge Sheet
14. Charge sheet must contain the following essentials
Commonly understood language
The alleged misconduct must be disclosed
Tha paras and sub- paras of the service rules or
standing orders within which the particular
misconduct falls must be referred to.
Time frame for reply (Minimum 48 hours for giving
How to draft……..
15. Charge sheet must be issued by competent authority
It may be issued by the employer himself or by any
person who has been so authorized by the employer
Who can issue a charge sheet
16. A charge sheet should be served on the workmen
Workmen signature or thumb impression is required
for the charge sheet whether he accepted his charge
sheet or not.
If the employee refuses the charge sheet , an
endorsement to that effect be made on it in the
presence of at least two witnesses so that proof of the
same is available for evidence
Service of Charge sheet
17. In same condition if employee refuses to accept
charge sheet , then it may be sent by registered A.D.
Then the employer should get it published in some
regional language daily news paper.
Service of charge sheet…….
18. Employee will be submit his explanation in respect
of the charges leveled against him.
48 to 72 hours from the date of receipt of the charge
The purpose of calling for an explanation to the
charge sheet is that if the employee admits the
charge, there will be no need for any further enquiry
Explanation of charge sheet
19. The principle of natural justice are crystallized into
four principles of justice –
a)Opportunity to both the contesting parties to be heard
b)Hearing before an impartial enquiry officer so that no
man can be judge of his own cause
c)Decision made in good faith
d) An orderly course of procedure
20. The stage of submitting the report
Report and findings should only be based on
Type of punishment is to be given is entirely within
REPORT OF THE ENQUIRY OFFICER
21. SHOW CAUSE LETTER
Giving the employee the opportunity to defend
himself or herself is an application of the "Law of
It is advisable to always remember this at all times.
For every misconduct punishment is a must.
Under the common law, punishment to be awarded
was suppose to be entirely within discretion of
23. POINTS TO REMEMBER WHILE
PROCEEDING DISCIPLINARY ACTIONS
A workman who is placed under suspension : shall,
during the period of such suspension, be paid a
Previous punishment record.
Notes de l'éditeur
In industrial Relation we know about the labour Laws but before knowing these term of Misconduct and disciplinary … we will have to understand much more about the labour laws .
Basically following laws which come under the labour laws . We can divide labour laws in eight categories.
And IR can be classified in to three categories. You should know that what are standing orders- Standing order means rules of conduct for workmen employed in industrial estableshment.
Standing Orders means rules relating to matters set out in the schdule to the act. (section 2(g))The schdule to the act requires that following should be specified in standing orders-(a) classification of workmen i.e. temporary, badli, casual, permanent,skilled etc.
B: Manner of intimating to workmen working hours, shift working transfer etc. (c) holidays (d) attendance and late coming rules (e) leave rules (f) Leave eligibility and Leave condition (g) Closing and reopening of sections of industrial establishment (h) termination of employment, suspension, dismissal etc. for misconduct of act or omission which constitute misconduct (I) Retirement Age (J) Means of redressed of workmen against unfair treatment
Or wrongful exaction b employer (K) Any other matter that may be prescribed
The most important use of standing order in case of disciplinary action. A workmen can be punished only if the act committed by him is a misconduct as defined under the Standing Orders.
The model standing orders contain such acts like insubordination, disobedience, fraud, dishonesty etc…..
1.The main problem which is having serious concern for the trade union, The reason is unorganized agricultural sector. The agricultural workers work in different types of companies in India .
2. Low Membership- There is a set procedure to take membership but most of the employee hesitate to take membership because they have fear to cut salary and other benefits
3. Poor Financial Position-One of the main problem to take membership is poor financial position
4. Political Control – Trade union is affiliated with central political parties and they take interest in labour problems for gaining public attention and for gaining publicity.
5. There are more then one union within the same industry and each one backed by political party. They have inter conflict within one industry suppose that one trade union have a issue then other one may work against it. As a result no one have a better position to solve the labour issues.
6. Inter Union Rivalry- Everyone think about that they are in the power because they have political support. They do not want to work together because of their profits. Each Union may adopt a different approach to the problem.
7. Lack of Recognition-. Because more then one union, Inter Union Rivalry , different attitudes towards trade union
1.“Mis” means bad and conduct means behaviour and we called misconduct as a group word. Disciplinary is the comman word which is used by all the colleges, companies and other industries.
2. As per the indian labour market the set rules of disciplinary is manadory for the economic growth of the country as well as company .
3. The set rules and condition which is formed by the company and government defined as a force for work properly .
4. Discipline inindustry may be described as willing cooperation and observance of the rules and regulations of the organisation by the management.
Following principle will define that how code of conduct work in any organisation for the smooth running and better functioning in the organiation.
Following principle explain the way of deciding misconduct in the organisation. Proper notice must be delivered before the strike otherwise strike comes under the violence.
Following procedure will follow in the time of disciplinary action. Suppose that any employee engaged in any activity which come under the misconduct then Organization follow the same rules which is mentioned in law.
Suppose we collect the information that indicate to workmen misconduct then disciplinary action will be proceed . What is prima facie case –A case in which the evidence presented is sufficient for a judgment to be made
Memorandum means a written proposal and reminder
Following information will describe that how to draft charge sheet in a effective manner and no chances of rezection