Labour laws and labour welfare have become very important in independent India. The developing concept of social justice is effecting far-reaching changes in labour laws in our country. Radical interpretations by High Courts and the Supreme Court of fundamental rights and labour laws have created greater awareness about the dignity of workers and their rights. It is unfortunate however that a vast majority of our labourers are not aware of their rights and the position of labour laws. Misunderstandings between employer and employee have resulted due to ignorance of these rights and obligations. The employer is also not fully aware of all laws particularly those relating to his duties and responsibilities towards his employees. Adequate knowedge and strict observance of labour laws both by employers and employees will be a great help in industrial development and labour welfare.
Discipline in the industrial set-up is essential to build a healthy atmosphere for production and labour welfare. Indiscipline destroys cordial relations between the employer and employee.
The employer has been given authority to take disciplinary action against the employee to correct his wrongs and misbehaviour. Such actions may range from warning to dismissal depending upon the gravity of the misconduct.
However, before taking any disciplinary action, the employer must ensure that the employee is told which act of his has constituted indiscipline or misconduct. With this in mind government and employers have included lists of misconducts in their standing orders and service rules. Justice demands that every disciplinary action against an employee is in a judicial spirit and in accordance with the principles of natural justice. The primary principle of natural justice is that no penalty, be it minor or major, should be given without an enquiry into the misconduct.
Misconduct.
What is a misconduct?- It is not easy to define a misconduct. It can be said that a misconduct is an act or omission which has been identified in the standing orders or service rules of an organisation. A misconduct has to be an act or habitual conduct which spoils the employer-employee relationship. In all standing orders or service rules there is a section which enumerates misconduct. But it must be remembered that for any disciplinary action a misconduct must be properly defined.
Some misconducts in the model standing orders:
- Wilful insubordination or disobedience, whether alone or together with others, to any lawful and reasonable superior.
- Theft, fraud or dishonesty in connection with employer's business and property.
- Wilful damage to, or loss of employer's goods or property.
- Taking or giving bribes or any illegal gratification.
- Habitual absence without leave or absence without notifying leave for more than ten days.
- Habitual breach of any law applicable to the establishment.
- Habitual late attendance.
- Riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline.
- Habitual negligence or neglect of work.
- Frequent repetititon of any act or omission for which a fine may be imposed.
- Striking work or inciting others to strike work against provisions of any law or rule having the force of law.
