Most disputes of employment law pending in courts today pertains to imposition of penalties, which could be for reasons due to fraud, rude behaviour, abusive language, absconding from service, negligence, physical assaults, gheraos, instigation, unauthorised absence, non-performance, not joining the transferred place, etc.
For a congenial atmosphere and healthy working of an organisation, managements can have grievance committee and ombudsmen policies. These add to accountability, transparency and can avoid arising of many disputes.
A well-defined disciplinary action policy is also important. Defining the misconducts, procedure for enquiry, powers of authorities etc. are important ingredients of the policy. Penalties can be defined such as dismissals, stoppage of increment, censure, compulsory retirement, lowering of grade, demotion, removal, etc.
Penalties should be imposed depending upon the gravity of misconduct. If the charges are grave, like physical assaults, gheraos, fraud, unauthorised absence for long periods, not obeying orders, regular non-performance of duties etc., penalty of dismissal or removal is justified. However, if they are not so grave, such as being absent from duty on a few occasions, not doing proper record-keeping on a few occasions, rude, erratic but not abusive behaviour on certain occasions, then minor penalties may be imposed. The power of termination is with the appointing authority or with an authority higher than that.
Delegation of power of disciplinary actions should be
done consciously.
Procedure for terminating a worker involves a full-fledged enquiry. Chargesheet needs to be issued, and reply need to be called for. If the reply is not satisfactory, an enquiry is to be conducted, which includes calling for evidence, either oral or documentary. However, evidence is not as technical as in criminal cases. In fact, as per pronouncements of the Supreme Court, even hearsay evidence is permissible in enquiry. After the enquiry is over, a report is given by the enquiry officer on the basis of which the disciplinary authority issues show-cause notice to the employee. An opportunity to reply to the notice is given to the worker. If the reply is not satisfactory, then considering various extenuating and aggravating circumstances, past record, length of service, reasons for misconduct etc., penalties are imposed.
Non-workmen are governed by the contracts of appointment. Enquiries required are not very detailed as required for workers. Termination can be done even as per contract of appointment. For government servants, the policies such as the conduct and discipline policies and other such rules and regulations as applicable need to be followed.
To maintain harmony in the organisation and also to avoid a black spot on the career of an employee, in case of a misconduct, which is not extreme in nature, management can always call the employee and ask about his intention to resign. If he agrees, and resigns, the resignation be accepted at the earliest. In case he does not, the above procedures need to be followed.
Actions by employers such as taking action due to any prejudice, similarly actions by employees, such as joining the illegal activities of the union, should be avoided.
It is important to have well-defined policies and decisions. The employees must also realise that they are bound to do their duties to the best of their capabilities. Having certain amount of tolerance levels, focusing more on work rather than other issues, and being as flexible as possible for the organisation would help one get better prospects. raavibirbal@gmail.com