Trade Union Act 1926

1. Trade Union Act 1926
Misconduct and disciplinary Procedure

2. Labor Law
Labor Laws can be classified into the following eight
categories:
 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
the Society
 Laws related to Social Security
 Laws related to Employment & Training
 Others

3. Laws Related to IR
 The Trade Unions Act, 1926
 The Industrial Employment Act (Standing Order),
1946
 The Industrial Disputes Act, 1947

4. Problems faced by Trade Unions
 Lack of balanced growth
 Low Membership
 Poor Financial Position
 Political Control
 Multiplicity of Unions
 Inter Union Rivalry
 Lack of able leader
 Lack of Recognition

5. Labour Problem- Misconduct and
Disciplinary
 Labor behavior on the duty
 Mentioned in the item no. 9 & 14 of schedule -1 in
industrial Employment
 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
property
 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
establishment
 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
implication)
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.
 Preliminary Enquiry
Charge-sheet
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.
Preliminary Enquiry

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
contract.
Charge Sheet

13.  Each and every point should be Clearly Explain
against worker
 Points should be specific and unambiguous Language
 With full particular, time , date and incident
 Each incident which constitutes misconduct must be
given separately
 It must be ensured that the charge mentioned in the
charge sheet is specific as well as complete in all
respect.
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
the explanation)
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
personally
 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.
post
 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
sheet .
 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
Domestic Inquiry

20.  The stage of submitting the report
 Report and findings should only be based on
evidence
 Type of punishment is to be given is entirely within
management‘s discretion
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
Natural Justice".
 It is advisable to always remember this at all times.

22. PUNISHMENT
 For every misconduct punishment is a must.
 Under the common law, punishment to be awarded
was suppose to be entirely within discretion of
management.

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
subsistence allowance.
 Previous punishment record.