Module 1 2 3 4
Module 1 2 3 4
1. Scope:
Industrial Relations:
Industrial relations typically refer to the broader context of labor
relations within industries or sectors of the economy.
It encompasses relationships between employers, employees, trade
unions, government agencies, and other stakeholders involved in
labor management.
Industrial relations often involve collective bargaining, negotiation
of collective agreements, resolution of disputes, and compliance
with labor laws and regulations.
Employee Relations:
Employee relations focus more narrowly on the interactions and
relationships between individual employees and their employers
within a specific organization.
It involves managing the employment relationship, addressing
individual grievances, promoting employee engagement, and
ensuring fair treatment and compliance with organizational policies
and procedures.
2. Focus:
Industrial Relations:
The primary focus of industrial relations is on collective issues and
concerns affecting groups of workers or entire industries.
It deals with broader issues such as wages, working conditions,
collective bargaining, strikes, lockouts, and trade union activities.
Industrial relations often involve macro-level analysis and
interventions to address systemic issues affecting labor markets
and industrial sectors.
Employee Relations:
Employee relations focus on individual employee-employer
relationships and the day-to-day management of the employment
relationship.
It deals with issues such as performance management, disciplinary
actions, rewards and recognition, career development, and
employee well-being.
Employee relations often involve micro-level interactions and
interventions aimed at promoting positive work relationships and
resolving individual disputes or grievances.
3. Approach:
Industrial Relations:
Industrial relations tend to take a more formal and institutionalized
approach, with a focus on collective bargaining, labor laws, and
institutional frameworks for resolving disputes.
It may involve formal structures such as trade unions, employer
associations, labor courts, and government regulatory agencies to
facilitate negotiations and enforce labor standards.
Employee Relations:
Employee relations often take a more informal and relational
approach, emphasizing communication, trust, and collaboration
between individual employees and their immediate supervisors or
managers.
It may involve informal mechanisms such as open-door policies,
grievance procedures, employee assistance programs, and regular
feedback sessions to address individual concerns and promote
employee engagement.
4. Level of Analysis:
Industrial Relations:
Industrial relations typically involve a macro-level analysis of
labor market dynamics, industry trends, and regulatory frameworks
affecting labor-management relations.
It examines broader socio-economic factors, institutional
arrangements, and power dynamics shaping industrial relations at
the sectoral or national level.
Employee Relations:
Employee relations focus on a micro-level analysis of individual
employment relationships, organizational culture, and workplace
dynamics within a specific organization.
It examines factors such as leadership styles, organizational
policies, work environment, and interpersonal relationships that
influence employee satisfaction, motivation, and performance.
5. Objectives:
Industrial Relations:
The objectives of industrial relations often include promoting labor
peace, stability, and social justice within industrial sectors or
economies.
It seeks to balance the interests of employers, employees, and
society at large by addressing issues of equity, fairness, and
workers' rights.
Employee Relations:
The objectives of employee relations focus on fostering positive
work relationships, improving employee morale, and enhancing
organizational performance.
It aims to create a supportive and conducive work environment
where employees feel valued, respected, and motivated to
contribute to the organization's success.
Module 2
1. Policies:
Code of Conduct: Establishes guidelines for acceptable behavior and
ethical standards expected of employees.
Equal Employment Opportunity (EEO): Ensures fair treatment and
prohibits discrimination based on characteristics such as race, gender,
age, religion, or disability.
Anti-Harassment and Anti-Bullying: Provides protocols for preventing
and addressing instances of harassment, bullying, or other forms of
misconduct in the workplace.
Compensation and Benefits: Outlines the organization's policies
regarding wages, salaries, bonuses, benefits, and other forms of
compensation.
Performance Management: Defines processes for setting performance
expectations, conducting evaluations, providing feedback, and addressing
performance issues.
Attendance and Leave: Specifies rules and procedures related to
attendance, punctuality, time off, and leave entitlements.
Health and Safety: Establishes protocols for maintaining a safe and
healthy work environment, including procedures for accident reporting,
emergency response, and compliance with health and safety regulations.
Grievance and Dispute Resolution: Provides mechanisms for
employees to raise concerns, file complaints, and seek resolution of
workplace conflicts or grievances.
Data Privacy and Confidentiality: Ensures compliance with laws and
regulations governing the collection, use, and protection of employee data
and confidential information.
Remote Work and Flexible Work Arrangements: Specifies guidelines,
eligibility criteria, and procedures for remote work, telecommuting, or
flexible work schedules.
2. Processes:
Recruitment and Onboarding: Defines procedures for sourcing,
selecting, and hiring new employees, as well as processes for orientation
and onboarding to integrate new hires into the organization.
Training and Development: Establishes programs and processes for
employee training, skill development, and career advancement
opportunities to support ongoing learning and growth.
Performance Feedback and Coaching: Outlines procedures for
providing regular feedback, coaching, and support to employees to
enhance their performance and development.
Communication and Feedback: Establishes channels and protocols for
effective communication, feedback, and dialogue between management
and employees, as well as mechanisms for soliciting employee input and
suggestions.
Conflict Resolution and Mediation: Defines processes for managing
and resolving conflicts, disputes, or disagreements that may arise between
employees or between employees and management.
Promotion and Succession Planning: Specifies criteria, procedures, and
timelines for promoting employees, as well as processes for identifying
and developing future leaders within the organization.
Termination and Separation: Establishes procedures for managing
employee separations, including voluntary resignations, involuntary
terminations, retirements, and layoffs.
3. Culture:
Values and Beliefs: Shapes the organization's core values, beliefs, and
principles that guide employee behavior and decision-making.
Leadership Style: Sets the tone for employee relations management
through the leadership style, behaviors, and actions of organizational
leaders and managers.
Trust and Transparency: Cultivates an environment of trust,
transparency, and open communication where employees feel
comfortable sharing feedback, raising concerns, and expressing opinions.
Employee Engagement: Fosters a culture of employee engagement,
involvement, and empowerment, where employees are encouraged to
contribute ideas, participate in decision-making, and take ownership of
their work.
Inclusivity and Diversity: Promotes inclusivity, diversity, and respect
for individual differences, fostering a sense of belonging and acceptance
among all employees.
Recognition and Appreciation: Recognizes and appreciates employees
for their contributions, achievements, and efforts, reinforcing positive
behaviors and reinforcing a culture of appreciation.
Work-Life Balance: Supports employees in achieving a healthy work-
life balance by offering flexible work arrangements, promoting well-
being initiatives, and respecting personal boundaries.
Certainly, here are six key points outlining the changing characteristics of
industrial employees:
The Factories Act, 1948 is a key piece of legislation in India that governs the
working conditions in factories. It aims to ensure the health, safety, and welfare
of workers employed in factories, as well as regulate various aspects of factory
operations. Here are some of the key regulations concerning working conditions
under the Factories Act, 1948:
Overall, the Factories Act, 1948 sets out comprehensive regulations governing
the working conditions in factories to protect the rights and well-being of
workers and promote a safe and healthy work environment. Compliance with
the Act is essential for employers to ensure the health, safety, and welfare of
their employees and avoid legal liabilities and penalties.
CONTRACT LABOUR ACT 1970
The Contract Labour (Regulation and Abolition) Act, 1970 is an important
legislation in India that regulates the employment of contract labour in certain
establishments and provides for their welfare. Here are the key provisions and
features of the Contract Labour Act, 1970:
1. Applicability:
The Act applies to establishments where twenty or more contract workers
are employed or were employed on any day of the preceding twelve
months as contract labour.
2. Licensing of Contractors:
Under the Act, contractors who engage contract labour are required to
obtain a license from the appropriate government authority. The license is
granted subject to certain conditions relating to the payment of wages,
working hours, welfare facilities, and other statutory requirements.
3. Registration of Establishments:
Employers are required to register their establishments with the
appropriate government authority if they engage contract labour. The
registration process involves submitting details about the nature of work,
number of contract workers employed, and other relevant information.
4. Contract Labour Advisory Board:
The Act provides for the constitution of a Central Advisory Board and
State Advisory Boards to advise the government on matters related to the
administration and implementation of the Act.
5. Welfare Measures:
Employers are responsible for providing welfare facilities and amenities
to contract labourers, including drinking water, restrooms, first aid
facilities, canteen facilities (where applicable), and accommodation
(where necessary).
6. Payment of Wages and Conditions of Service:
Contract workers are entitled to wages and other conditions of service
that are not less favorable than those applicable to regular employees
performing similar work in the establishment.
The Act also mandates timely payment of wages, hours of work, leave
entitlements, and other benefits to contract labourers.
7. Prohibition of Abolition of Contract Labour:
The Act prohibits the abolition of contract labour in certain types of work
specified by the appropriate government, such as perennial or intermittent
nature of work, work requiring specialized skills, and work done for
security reasons.
8. Penalties and Enforcement:
The Act provides for penalties for contravention of its provisions by
employers or contractors. Penalties may include fines, imprisonment, or
both.
Inspectors appointed under the Act have the authority to inspect
establishments, inquire into complaints, and take necessary enforcement
actions to ensure compliance with the Act.
9. Abolition of Contract Labour:
In cases where the appropriate government determines that contract
labour should be abolished in certain establishments or types of work, it
may issue notifications to that effect, and employers are required to
comply with such orders.
Overall, the Contract Labour (Regulation and Abolition) Act, 1970 aims to
regulate the employment of contract labour and ensure their welfare while
providing flexibility for employers to engage contract workers where necessary.
Compliance with the Act is essential for employers to avoid legal liabilities and
penalties and ensure the welfare and rights of contract labourers
1. Applicability:
The Act applies to all shops and commercial establishments operating
within the state, including retail stores, restaurants, hotels, theatres,
entertainment venues, and other service-oriented businesses.
2. Registration:
Employers are required to register their establishments under the Shops
and Establishments Act with the appropriate government authority within
a specified period after the commencement of operations.
Registration involves providing details such as the name and address of
the establishment, nature of business, number of employees, working
hours, holidays, and other relevant information.
3. Working Hours:
The Act specifies the maximum number of hours that employees can be
required to work in a day and a week, as well as provisions for rest
intervals and weekly holidays.
It regulates the opening and closing hours of shops and commercial
establishments, including restrictions on night shifts for women
employees.
4. Holidays and Leave:
The Act mandates provisions for annual leave with wages, earned leave,
casual leave, and sick leave for employees based on their length of
service.
It specifies the number of national and festival holidays to be provided to
employees and regulates the granting of leave entitlements.
5. Conditions of Employment:
Employers are required to comply with certain conditions of employment,
such as maintaining registers of employment, wages, attendance, and
leave records for employees.
The Act prohibits the employment of children in certain types of work
and specifies restrictions on the employment of women, including
provisions for maternity benefits and prohibition of certain types of work
during specified hours.
6. Welfare Measures:
Employers are responsible for providing welfare facilities and amenities
to employees, including clean drinking water, sanitary facilities, first aid
provisions, and restrooms.
It mandates compliance with safety and health regulations to ensure a
safe and healthy working environment for employees.
7. Employer Obligations:
The Act imposes various obligations on employers, including the
maintenance of registers, submission of returns, payment of wages,
provision of welfare facilities, and compliance with statutory
requirements.
Employers are required to display notices regarding working hours,
holidays, and other relevant information in a conspicuous place within the
establishment.
8. Inspections and Enforcement:
Inspectors appointed under the Shops and Establishments Act have the
authority to conduct inspections of establishments, inquire into
complaints, and ensure compliance with the provisions of the Act.
Non-compliance with the Act may result in penalties, fines, or legal
action against employers.
Overall, the Shops and Establishments Act, 1953 is aimed at regulating the
working conditions, hours of work, and welfare measures for employees in
shops, commercial establishments, and service sectors to ensure their well-being
and rights are protected. Compliance with the Act is essential for employers to
avoid legal liabilities and penalties and ensure a conducive work environment
for their employees.
1. Applicability:
The ESI Act applies to factories and other establishments specified in the
schedule to the Act with 10 or more employees, where the wages of the
employees do not exceed a prescribed limit.
2. Employer and Employee Contributions:
Both the employer and the employee make contributions towards the ESI
scheme. The employer's contribution is a percentage of the wages payable
to the employee, while the employee's contribution is a fixed percentage
of their wages.
These contributions are deposited with the Employees' State Insurance
Corporation (ESIC) for the administration of the ESI scheme.
3. Benefits:
The ESI Act provides a range of benefits to insured employees and their
dependents, including:
Medical Benefits: Medical treatment, hospitalization, medicines,
diagnostic tests, etc., for the insured person and their family
members.
Sickness Benefits: Cash benefits during periods of certified
sickness, at the rate of 70% of the wages.
Maternity Benefits: Cash benefits to insured women during
maternity leave, including prenatal and postnatal care.
Disablement Benefits: Cash benefits in case of temporary or
permanent disablement due to employment injury.
Dependent Benefits: Financial support to dependents in the event
of the death of the insured employee due to employment injury.
4. Medical Facilities:
The ESI scheme provides medical facilities through a network of
dispensaries, hospitals, and clinics run by the ESIC or through recognized
private medical practitioners.
Insured persons and their dependents can avail of medical treatment and
services free of cost at these facilities.
5. Administration:
The ESI scheme is administered by the Employees' State Insurance
Corporation (ESIC), a statutory body established under the Act.
The ESIC is responsible for the collection of contributions, registration of
employees and employers, provision of benefits, and management of
medical facilities under the scheme.
6. Inspections and Penalties:
The Act provides for the appointment of inspectors who have the
authority to inspect establishments, examine records, inquire into
complaints, and ensure compliance with the provisions of the Act.
Employers who fail to comply with the provisions of the Act may be
subject to penalties, fines, or legal action.
Overall, the Employees' State Insurance Act, 1948 is aimed at providing social
security benefits to employees and their dependents in times of sickness,
maternity, disablement, or death due to employment injury. Compliance with
the Act is mandatory for covered establishments, and it plays a crucial role in
safeguarding the welfare and well-being of workers in India.
WORKMEN COMPENSATION ACT 1923
The Workmen's Compensation Act, 1923 is an Indian legislation that provides
for the payment of compensation to workers or their dependents in the event of
injury, disability, or death arising out of and in the course of employment. Here
are the key provisions and features of the Workmen's Compensation Act, 1923:
1. Applicability:
The Act applies to all employees (referred to as "workmen" under the
Act) who are engaged in employment covered by the Act, including those
employed in factories, mines, plantations, construction sites, and other
hazardous occupations.
2. Employer's Liability for Compensation:
The Act imposes a statutory liability on employers to pay compensation
to their employees for injuries, disabilities, or death caused by accidents
arising out of and in the course of employment.
Employers are liable to pay compensation regardless of fault or
negligence, except in cases of willful disobedience to safety rules or
intoxication.
3. Schedule of Compensation:
The Act prescribes a schedule of compensation for various types of
injuries, disabilities, or death suffered by employees as a result of
employment-related accidents.
Compensation is calculated based on factors such as the nature and extent
of the injury, the employee's monthly earnings, and their age at the time
of the accident.
4. Medical Treatment and Expenses:
Employers are also liable to bear the cost of medical treatment and
expenses incurred by employees for the treatment of injuries or
disabilities resulting from employment-related accidents.
This includes expenses for hospitalization, medical consultations,
surgeries, medicines, rehabilitation, and other necessary medical services.
5. Reporting and Compensation Process:
Employers are required to report any workplace accidents resulting in
injuries, disabilities, or death to the appropriate government authority and
the employee's representative within a specified time period.
Employees or their dependents may file a claim for compensation with
the Commissioner of Workmen's Compensation, who adjudicates the
claim and determines the amount of compensation payable.
6. Appeals and Disputes Resolution:
The Act provides for appeals against decisions of the Commissioner of
Workmen's Compensation to the appropriate appellate authority.
Disputes regarding the liability for compensation or the amount of
compensation payable are adjudicated by the Commissioner through a
quasi-judicial process.
7. Penalties for Non-Compliance:
Employers who fail to comply with the provisions of the Act, such as
reporting accidents, paying compensation, or providing medical
treatment, may be subject to penalties, fines, or legal action.
The Payment of Gratuity Act, 1972 is an Indian legislation that provides for the
payment of gratuity to employees in recognition of their long and meritorious
service with an employer. Here are the key provisions and features of the
Payment of Gratuity Act, 1972:
1. Applicability:
The Act applies to every factory, mine, oilfield, plantation, port, railway
company, shop or establishment where ten or more employees are
employed, or were employed, on any day of the preceding twelve months.
The Act covers employees, other than apprentices, who have completed a
minimum period of continuous service of five years with the same
employer.
2. Eligibility for Gratuity:
An employee becomes eligible for gratuity upon the termination of their
employment due to retirement, resignation, death, or disablement caused
by accident or illness.
The Act prescribes a minimum period of five years of continuous service
as a prerequisite for entitlement to gratuity, subject to certain exceptions
for cases of death or disablement.
3. Calculation of Gratuity:
The gratuity amount payable to an employee is calculated based on a
formula specified in the Act, which considers the employee's last drawn
salary and the number of years of completed service.
The formula for calculating gratuity is: (Last drawn salary × 15/26) ×
number of years of completed service.
4. Payment of Gratuity:
Employers are required to pay gratuity to eligible employees within thirty
days from the date it becomes payable.
The gratuity amount is payable to the employee or their nominee in case
of death, and it is tax-free up to a certain limit prescribed by the
government.
5. Nomination:
Employees are required to make a nomination for the receipt of gratuity
in the event of their death before receiving the gratuity amount.
The nomination should be made in writing to the employer, indicating the
name of the nominee, their relationship with the employee, and the
percentage of the gratuity amount to be received.
6. Penalties for Non-Compliance:
Employers who fail to comply with the provisions of the Act, such as the
payment of gratuity or the maintenance of records, may be subject to
penalties, fines, or legal action.
7. Appeals and Disputes Resolution:
The Act provides for appeals against decisions of the controlling
authority appointed under the Act to the appropriate appellate authority.
Disputes regarding the entitlement or calculation of gratuity are
adjudicated by the controlling authority through a quasi-judicial process.
Overall, the Payment of Gratuity Act, 1972 aims to provide financial security
and support to employees upon their retirement, resignation, or in the event of
death or disablement. It recognizes and rewards employees for their long and
meritorious service and promotes employee welfare and well-being.
The Payment of Wages Act, 1936 is an Indian legislation that regulates the
payment of wages to workers employed in certain industries and establishments.
Here are the key provisions and features of the Payment of Wages Act, 1936:
1. Applicability:
The Act applies to all employees engaged in factories, industrial or other
establishments specified by the appropriate government, where the
number of employees exceeds a prescribed threshold.
Certain categories of employees, such as those engaged in managerial or
administrative functions, are exempted from the provisions of the Act.
2. Time of Payment:
The Act mandates that wages must be paid to employees before the
expiry of the seventh day after the end of the wage period in respect of
which the wages are payable.
In cases where the employment of an employee is terminated, wages must
be paid within two working days from the date of termination.
3. Mode of Payment:
Wages must be paid in cash or through cheque or bank transfer, as
specified by the employee. Payment in kind or deductions from wages are
prohibited, except as permitted under the Act.
4. Deductions from Wages:
The Act allows certain deductions to be made from wages, such as
deductions for income tax, contributions to provident funds, insurance
schemes, cooperative societies, and advances or loans sanctioned to
employees.
Deductions for fines, penalties, or damages are not permitted unless they
are expressly authorized by the government or the appropriate authority.
5. Maintenance of Records:
Employers are required to maintain registers and records containing
particulars of wages, deductions, and other relevant details for each
employee covered under the Act.
These records must be kept readily accessible for inspection by labor
inspectors or other authorized officers.
6. Penalties for Non-Compliance:
Employers who fail to comply with the provisions of the Act, such as the
timely payment of wages or the maintenance of records, may be subject
to penalties, fines, or legal action.
Penalties may also be imposed for unauthorized deductions from wages
or other violations of the Act.
7. Inspections and Enforcement:
The Act provides for the appointment of inspectors by the government to
inspect establishments, examine records, inquire into complaints, and
ensure compliance with the provisions of the Act.
Inspectors have the authority to issue notices, impose penalties, and take
legal action against employers for violations of the Act.
Overall, the Payment of Wages Act, 1936 aims to ensure the timely and full
payment of wages to workers and protect them from unauthorized deductions or
withholdings. Compliance with the Act is essential for employers to avoid legal
liabilities and penalties and maintain good labor relations with their employees.
1. Applicability:
The Act applies to all employments covered by the Schedule to the Act,
including both agricultural and non-agricultural sectors, where workers
are engaged in scheduled employments as specified by the appropriate
government.
The Act empowers the appropriate government to fix minimum wages for
different scheduled employments and regions.
2. Fixation of Minimum Wages:
The Act mandates the fixation and revision of minimum wages by the
appropriate government for various scheduled employments, taking into
account factors such as the nature of work, skill required, cost of living,
and prevailing market conditions.
Minimum wages may be fixed based on time, piece rate, or other suitable
criteria as determined by the appropriate government.
3. Components of Minimum Wages:
Minimum wages prescribed under the Act may consist of various
components, including basic wages, cost of living allowance (COLA),
housing allowance, and other special allowances or benefits.
The Act provides for the adjustment of minimum wages based on
changes in the cost of living index or other relevant factors.
4. Payment of Minimum Wages:
Employers are required to pay wages to their employees at rates not less
than the minimum wages fixed by the appropriate government for the
scheduled employment and region.
Wages must be paid in cash or through electronic transfer, and payment
in kind is generally prohibited except as permitted under the Act.
5. Enforcement and Penalties:
The Act provides for the appointment of inspectors by the appropriate
government to enforce compliance with the provisions of the Act.
Inspectors have the authority to inspect establishments, examine records,
inquire into complaints, and take necessary enforcement actions,
including issuing notices, imposing penalties, and initiating legal
proceedings against employers for violations of the Act.
6. Maintenance of Records:
Employers are required to maintain registers and records containing
details of wages, hours of work, and other relevant particulars for each
employee covered under the Act.
These records must be kept readily accessible for inspection by labor
inspectors or other authorized officers.
7. Advisory Boards:
The Act provides for the establishment of advisory boards at the central
and state levels to advise the appropriate government on matters related
to the fixation and revision of minimum wages, as well as other relevant
issues.
Overall, the Minimum Wages Act, 1948 aims to ensure that workers are paid
fair and reasonable wages commensurate with the nature of their work and the
prevailing economic conditions. Compliance with the Act is essential for
employers to avoid legal liabilities and penalties and maintain harmonious labor
relations with their employees.
The Payment of Bonus Act, 1965 is an Indian legislation that mandates the
payment of bonus to employees in certain establishments based on their
performance and productivity. Here are the key provisions and features of the
Payment of Bonus Act, 1965:
1. Applicability:
The Act applies to every factory and other establishments employing
twenty or more persons, as well as certain establishments notified by the
appropriate government.
It covers employees who have worked for a minimum of thirty working
days in the accounting year and are eligible for bonus under the Act.
2. Calculation of Bonus:
The Act mandates the payment of an annual bonus to eligible employees
based on the profits earned by the establishment during the accounting
year.
The bonus payable is calculated as a percentage of the annual salary or
wages earned by the employee, subject to a maximum limit specified
under the Act.
3. Determination of Allocable Surplus:
Employers are required to determine the allocable surplus, which
represents the profits earned by the establishment during the accounting
year after making certain deductions and provisions as specified under the
Act.
The allocable surplus is then used to calculate the amount of bonus
payable to eligible employees.
4. Distribution of Bonus:
The Act mandates that at least 8.33% of the allocable surplus must be
distributed as bonus to eligible employees, subject to a maximum limit of
20% of the annual salary or wages earned by the employee.
In cases where the allocable surplus exceeds the maximum bonus
payable, the excess amount is carried forward to the next accounting year
as an available surplus for bonus distribution.
5. Payment of Bonus:
Employers are required to pay bonus to eligible employees within eight
months from the close of the accounting year.
Bonus payments must be made in cash or through electronic transfer, and
payment in kind is generally prohibited except as permitted under the
Act.
6. Exemptions and Exceptions:
The Act provides for certain exemptions and exceptions for newly
established establishments, sick industrial companies, and establishments
facing financial difficulties, subject to certain conditions and approvals.
7. Inspections and Enforcement:
The Act empowers the appropriate government to appoint inspectors to
enforce compliance with the provisions of the Act, including the
determination and payment of bonus by employers.
Inspectors have the authority to inspect establishments, examine records,
inquire into complaints, and take necessary enforcement actions against
employers for violations of the Act.
Overall, the Payment of Bonus Act, 1965 aims to provide for the payment of
bonus to employees as a reward for their contribution to the profitability of the
establishment. Compliance with the Act is essential for employers to avoid legal
liabilities and penalties and maintain positive labor relations with their
employees.
MODULE 4
EMPLOYEE DISCIPLINE
1. Code of Conduct:
Clearly defined standards of behavior and ethical conduct expected from
employees, including honesty, integrity, respect, professionalism, and
compliance with laws and regulations.
2. Attendance and Punctuality:
Policies regarding attendance, punctuality, and adherence to work
schedules, including procedures for requesting time off, reporting
absences, and consequences for unexcused or excessive tardiness.
3. Performance Expectations:
Expectations regarding job performance, productivity, quality of work,
and meeting established goals and objectives, along with procedures for
performance evaluation, feedback, and improvement.
4. Workplace Behavior:
Guidelines for appropriate workplace behavior, communication, and
interactions among employees, supervisors, and customers, including
prohibitions against harassment, discrimination, bullying, or disruptive
conduct.
5. Use of Company Resources:
Policies regarding the responsible use of company resources, equipment,
facilities, and information technology systems, including guidelines for
data security, confidentiality, and protection of company assets.
6. Compliance with Policies and Procedures:
Requirements for employees to familiarize themselves with and adhere to
organizational policies, procedures, and guidelines, including those
related to safety, health, security, and regulatory compliance.
7. Disciplinary Actions:
Procedures for addressing violations of the code of conduct or
organizational policies, including progressive disciplinary measures such
as verbal warnings, written warnings, suspension, and termination of
employment.
Due process considerations, including the right to a fair and impartial
investigation, opportunity to present a defense, and appeals process.
8. Confidentiality and Non-Retaliation:
Assurance of confidentiality in disciplinary matters, protection against
retaliation for reporting violations or participating in investigations, and
mechanisms for reporting concerns or grievances in a safe and
confidential manner.
9. Training and Communication:
Provision of training, education, and communication to employees
regarding the code of employee discipline, expectations for behavior,
consequences of misconduct, and avenues for seeking assistance or
clarification.
10.Review and Updates:
Regular review and updates of the code of employee discipline to ensure
relevance, effectiveness, and alignment with organizational values, legal
requirements, and industry standards.
1. Applicability:
The Act applies to all industrial establishments where 100 or more
workers are employed or were employed on any day of the preceding
twelve months.
2. Standing Orders:
The Act mandates that employers in covered establishments must define
and publish standing orders, which are rules and regulations governing
various aspects of employment, such as work shifts, leave policies,
disciplinary procedures, termination, and grievance redressal.
Standing orders provide clarity and transparency regarding the terms and
conditions of employment, ensuring consistency and fairness in the
workplace.
3. Certification:
Once the standing orders are drafted, they must be submitted to the
Certifying Officer appointed by the appropriate government for
certification.
The Certifying Officer examines the standing orders to ensure
compliance with the provisions of the Act and may modify or refuse
certification if necessary.
4. Contents of Standing Orders:
Standing orders typically cover matters such as the classification of
workers, hours of work, leave entitlements, holidays, disciplinary
procedures, grievance redressal mechanisms, termination of employment,
and other relevant conditions of employment.
5. Amendment and Revocation:
Once certified, standing orders can be amended by the employer after
giving due notice to workers and obtaining the approval of the Certifying
Officer.
Similarly, standing orders can be revoked or modified by the employer
with the approval of the Certifying Officer.
6. Penalties:
Non-compliance with the provisions of the Act, such as failure to draft or
implement standing orders, can result in penalties, fines, or legal action
against the employer.
It's important to note that the specific procedures for conducting a domestic
inquiry may vary depending on the organization's internal policies, industry
regulations, and applicable laws. Additionally, adherence to principles of
natural justice, such as the right to be heard and the right to a fair and impartial
hearing, is essential throughout the inquiry process to ensure procedural fairness
and protect the rights of the charged employee.