This code was formulated after a great deal of
discussion in meeting of Indian Labour conference 15th session in
July 1957, New Delhi. This conference discussed on the question of discipline
in Indian Industries and laid down certain principles governing it.
These were:
1-There should be no Lock out and Strike without prior notice, Industrial Dispute act, section 22 & 23
2-No Unilateral action should be taken in connection with
any industrial matter.
3-There should be no recourse or go slow tactics
4-No deliberate damage should be caused to plant or property.
5-The existing machinery for the settlement of dispute
should be utilized
6-Act of violence, coercion, intimidation or incitement should
not be indulged in
7-Awards and agreement likely to destroy cordial harmony,
Industrial relation should be avoided.
Kind of Punishment and penalties
1.Minor
a) Oral Reprimand: This is
the very first stage and regarded as very effective method of counseling (This approach,
if effectively used). It is done by suggesting employee over the issue and its
future outcomes or what action may be taken if same is repeated again. However
if taken positively it is not any kind of punishment but a friendly advice. (A
parental approach)
b) Written Reprimand:
If Employee does not correct his self despite of oral reprimand the
next step is to issue a letter to employee (Warning letter) or a letter may be
issues asking him the reasons for repeating same (Show cause Notice) and one
copy of receiving to letter is to be attached with the personal file of employee
at HR Office.
c) Loss of privilege:
This is also regarded as
parental approach. This is almost like “the going between you and your father”.
If you do something good you are given some gifts and in other case your father
may make some cuttings in your privileges like “Your Dance Class”, “Your Picnic”
etc. The same way company may cut you from membership of Club, may restrain
your liberty of choosing machine, May bar from some facilities.
d) Fines
That is done when the
damage incurred is directly associated with loss of money. Employer may decide
the proportion to be deducted from Monthly wage, The deduction limit as provide
in Payment of Wages act 1936.
e) Suspension.
If condition is not under control
even after such measures we may suspend the worker. As per legislation (Industrial
Dispute Act 1947)
Suspension may be of two
types 1. Suspension as punishment 2. Procedural Suspension (If Employee
presence is not desirable at workplace)
2.Major
a) Withholding Increments
b) Demotion / Stopping Promotion c) Discharge d) Dismissal
Procedure of Taking disciplinary action
a)Preliminary Investigation
b)Issue of charge sheet
c)Suspension of pending enquiry
d)Notice of Inquiry
e)Conduct of Inquiry
f)Recording of Findings by enquiry officer
g)Awarding Punishment
By giving reference of
above
Discussion
Date from which it is to
be effective [Need Updation]
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