WHAT IS MISCONDUCT?

Misconduct can be defined as bad Management, mismanagement or neglect of an official

in regard to his office. Improper or wrong behavior or unlawful behavior or conduct, is also
misconduct.

As per Indian Engineering Association Kolkata, Code of Discipline given under General
Guidance Note, “an action or type of behavior can be defined as misconduct if it is prejudicial to
the interest of the employer and other employees, in conduct and incompatible with the norms set
for discharging duties, unsafe, undesirable or unfaithful amounting to insubordination to such a
degree that it becomes incompatible to continue employee-employee relationship.”

Any act or omission on the part of an employee which is a breach of any duty, obligation
or assignment arising under or flowing from any law or contract of employment or service rules
or standing orders, settlements or awards or improper conduct or wrongful behavior is a
misconduct.

TYPE OF MISCONDUCTS

Minor Misconducts: The following acts or omission on the part of an employee shall amount to
minor misconduct:

1. Late coming
2. Absence from duty without leaves for a period of less than six days
3. Loitering, gossiping in department during working hours
4. Failure to ware tight clothes/specified uniform.
5. Negligence of duties or neglect of work.

Major Misconducts: The following acts or omission on the part of an employee shall amount to
major misconduct:

a) Willful insubordination or disobedience of any lawful and reasonable order of a superior.

b) Going on legal strike or abetting, inciting, instigation.

c) Willful slowing down in performance in work or instigation there of.

d) Theft, fraud or dishonesty in connection with the employer’s business or property.

e) Taking or giving bribes or any illegal gratification.

f) Habitual absenteeism without leave for more than 10 consecutive days or over staying the

sanctioned leave without sufficient grounds.

g) Habitual breach of any standing order or any law applicable to establishment.

h) Collection without the permission of the manager or any money within the premises of

establishment.

i) Engaging in trade within the premises of establishment.

j) Drunkenness, Riotous/ violent/ uncontrolled, Disorderly or indecent / offensive / rude /

impolite behavior on the premises of the establishment.

k) Commission of any acts subversive/ dissident/ revolutionary/ rebellious of discipline or

rude behavior on the premises of the establishment.

l) Habitual neglect of work or habitual negligence.

m) Canvassing for union membership or collection of union funds within the premises of the

establishment.

n) Willful damage to work in process or any property of the establishment.

o) Holding meetings inside the premises of establishment without the permission of the

manager.

p) Disclosing to any unauthorized person any information in regard to the processes of the

establishment.

q) Gambling within the premises of establishment.

r) Smoking or spitting on the premises of the establishment, where it is prohibited.

s) Failure to observe safety instructions notified by the employer or interference with the

safety devices.
 t) Distributing or exhibiting within the premises of establishment and bills, pamphlets and

posters.

u) Refusal to accept a charge sheet order or other communication served in accordance with

the standing orders.

v) Unauthorized possession of lethal weapon in the establishment.

DEALING WITH MISCONDUCT

The standing order may specify various forms of punishment for misconduct. Depending
upon the severity of the misconduct, past performance and the judgment of the management,
appropriate punishment is awarded to the employee. The alternate forms of punishment are:

Dismissal
Discharge
Suspensions
Charge sheet
Demotion to the lower grade
Withholding of increments
Fines and
Warning or censure

Dear students above points are to be explained if marks of the question is more …….
You find it from your book or search it from websites……..

One more think you should remember

that if any organisation or establishment has Industrial Employment (Standing Orders)

Act and if it is applicable, the punishment are specified in Model Standing Orders or certified
orders, hence the management cannot award punishment other than those mentioned in the
Standing orders.

Thank you