RIE Rules 18

Section 18 · Disciplinary Action for Misconduct. - Without prejudice to the general meaning of the term misconduct it shall be deemed to mean and include the following minor and major misdemeanours:

(a)Minor Misdemeanours.- The following acts or omissions shall be treated as minor misdemeanours for which a workman is liable to warning, fine or suspension, the maximum period of suspension which may be imposed by way of punishment being limited to four days in any wage period:-

(1)

Failure to observe safety instructions in circumstances not constituting a major misdemeanour;

(2)

Committing nuisance in the factory premises;

(3)

Careless or negligent work;

(4)

Laziness and inefficiency;

(5)

Quarrelling which may have subversive effects on factory' discipline;

(6)

Leaving normal place of work without permission during working hours;

(7)

Absence without permission;

(8)

Obtaining leave of absence by false pretence;

(9)

Not taking proper care of tools; gauges, jigs, fixtures or drawings etc. entrusted to him;

(10)

Not keeping machine and/or place clean and tidy;

(11)

Sleeping on duty;

(12)

Disturbing others or making noise;

(13)

Habitual late attendance.Note.- No warning or order of fine or suspension shall be made unless the workman concerned is given a charge sheet and is afforded an opportunity of explaining the circumstances alleged against him. If an enquiry an order of suspension is confirmed or modified; the workman shall be deemed to be absent from duty for the period of suspension and shall not be entitled to any remuneration for such period. If, however, the order is rescinded, the workman shall be deemed to be on duty during the full period of suspension and shall be entitled to the same wages as he would have received if he had not been suspended.

(b)

Major Misdemeanours.- The following acts or omissions whether alone or in combination with others shall be treated as major misdemeanours for which a workman is liable to dismissal:-

(1)Wilful insubordination or insult to superiors or disobedience of any lawful and reasonable order of a superior whether alone or in combination with others;

(2)Participation instigation or inducting, compelling or intimidating others to strike work, which is not inconsistent with the provisions of law for the time being in force.

(3)Slowing down in performance of work or inciting or inducing, compelling or intimidating others to resort to deliberate "go-slow";

(4)Refusal to accept bonafide transfer from one shift to another or from one section or department to another on similar machines or job of similar nature;

(5)Theft within the factory or fraud or dishonesty in connection with employers' business or property or workers' property;

(6)Demanding, offering or accepting bribes or any illegal gratification;

(7)Habitual absence not exceeding 10 days without permission;

(8)Soliciting or collecting contributions for any purpose whatsoever at any time in the factory premises without permission of the Manager;

(9)Engaging in private work or trade within the factory or engaging in other employment whilst still in the service of the company without the permission of the Manager;

(10)Riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline;

(11)Drunkenness, intoxication or indecent behaviour inside the factory premises;

(12)Habitual negligence or gross neglect of work and unauthorised stay beyond normal working hours with the intention of subversive activity;

(13)Organising, holding, any meeting within the factory premises without the permission of the Manager;

(14)

Disclosing to any person information in regard to process or secrets of the company without authority;

(15)

Gambling within the company's premises;

(16)

Smoking within the company's premises in place where it is prohibited;

(17)

Securing undue benefit by giving false information;

(18)

Interfering with the record of attendance or means of recording attendance of himself or any other workman or falsification, defacement or destruction of any records of the company;

(19)

Possession of any lethal weapons or arms on the company's premises except by the watch and ward and security staff;

(20)

The commission of a minor misdemeanour after three previous warnings, fines or suspension or the habitual breach of any law or rule applicable to do so in accordance with law.

(2)Punishment for misconduct.- (a) A workman shall be liable for punishment as given in clause (b) below, if he has been guilty of a major misdemeanour. A workman dismissed for major misdemeanour shall not be entitled to any notice or pay in lieu of notice.

(b)The company may at his discretion give a workman the following punishment:-

(i)Censure or warning; or

(ii)Suspend him (without pay) for a period not exceeding 10 days at a time;

(iii)Withhold his increment with or without cumulative effect, reduce his pay or demote him;

(iv)discharge or dismissal.

(3)Procedure for dealing cases of Misconduct.- (1) If a major misdemeanour is alleged against a workman, the management before taking any act against the workman will hold an enquiry by an officer appointed for the purpose. He shall be given a charge sheet, clearly setting forth the circumstances alleged against him and requiring explanation. He shall be informed in writing about the time and place at which enquiry into his alleged misconduct is to be held. He shall be given an opportunity to answer the charge and permitted to be assisted by a workman of his choice, working in the establishment. If he refuses or fails to present himself for enquiry, the enquiry shall be conducted ex-parte. Except for reasons to be recorded in writing by the officer holding the enquiry, the workman shall be permitted to produce witnesses in his defence and cross examine any witnesses on whose evidence the charge rests. A concise summary of the evidence led on either side and the workman's plea shall be recorded.

(2)A workman charged with major misdemeanour may be suspended from duty for the alleged misconduct pending enquiry or final disposal of his case. Such an order shall be in writing and take effect immediately on delivery to the workman.

(3)The workman, who is placed under suspension, shall during the period of such suspension be paid a subsistence allowance at the following rates:-

(a)

Where the enquiry is departmental, the subsistence allowance shall be equal to 1 /2 of his wages as defined in the Payment of Wages Act, 1936 (Central Act 4 of 1936) for the first 90 days. If the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding 90 days, the subsistence allowance shall be paid at the rate of 3/4 of the wages, but if the enquiry is delayed beyond 90 days dire to reasons directly attributable to the workman, the subsistence allowance shall be reduced to 1 /4 of the wages.

(b)Where the enquiry is by an outside agency or, as the case may be, where any criminal charge against the workman is to under investigation or trial, the subsistence allowance shall be equal to 1/2 of the wages as defined in the Payment of Wages Act, 1936 (Central Act 4 of 1936) for the first 180 days. If such an enquiry gets prolonged and the workman continues to be under suspension for a period exceeding 180 days, the subsistence allowance shall be paid at the rate 3/4 of the wages, but if the enquiry is delayed beyond 180 days due to reasons directly attributable to the workman the subsistence allowance shall be reduced to 1/4 of the wages.

(c)If on the conclusion of the enquiry, or as the case may be, of the criminal proceedings, the workman has been found guilty of the charge and it is considered that an order of suspension may meet the end of justice, the employer shall pass orders accordingly. Where the period between the date on which the workman was suspended from duty pending the enquiry or the investigation and the date on which the final order of suspension was passed, exceeds 10 days, the workman shall be deemed to have been suspended only for 10 days or for such shorter period as is specified in the final order of suspension and for the remaining period he shall be entitled to the same wages as he would have received, if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.

(d)If on the conclusion of the enquiry, or as the case may be, of the criminal proceedings, the workman has been found guilty of the charge and it is considered that an order of dismissal may meet the ends of justice, the employer shall pass orders accordingly, when such orders are passed, the workman shall be deemed to have been absent from duty during the period of such suspension and shall not be entitled to any remuneration for such period, but the subsistence allowance paid to him shall not be recovered:

Provided that in the case of a workman to whom the provisions of clause (2) of Article 311 of the Constitution applies, the provisions of the Article shall be complied with.

(e)If on the conclusion of the enquiry or as the case may be, of the criminal proceedings, the workman has been found not guilty of the charge, he shall be deemed to have been on duty during the period of such suspension and shall be entitled to the same wages as he would have received, if he had not been suspended, after deducting the subsistence allowance paid to him for such period.

(f)The payment of subsistence allowance shall, however, be subject to the workman concerned not taking any employment during the period of his suspension.

(4)In awarding punishment under the Standing Orders, the manager shall take into account the gravity of misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the manager shall be supplied to the workman.

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