Meaning & Definition
An action or type of behaviour can be defined as misconduct if it is prejudicial to the interests of the employer and other employees, inconsistent with the norms set for discharging duties, unsafe or unfaithful to such a degree that it becomes incompatible to continue employer – employee relationships.
Categories of Misconduct
Disciplinary acts of misconduct can be categorized on the basis of the severity of the consequences.
(i) Minor Contravention– results in few serious consequences. Example – negligence, minor disobedience to rules, carelessness.
(ii) Major Contravention – Partially hinders the working of the organization. Example – lying, cheating, stealing
(iii) Intolerable Offences – are of unlawful and severe nature which endanger employment relationship. Example – threat to use weapon, use of drugs on the job, smoking near inflammables.
Misconduct Stated In Model Standing Orders
Here is an illustrative list of acts constituting misconduct under Model Standing Orders Act , 1946.
(i) Wilful insubordination or disobedience of any lawful and reasonable order , rule or regulation.
(ii) Refusal to work on a job or a machine which has been assigned to him.
(iii) Refusal to accept or reply to a charge sheet within the prescribed period of time.
(iv) Theft , fraud , or dishonesty in connection with the property of the company.
(v) Theft of another employee’s property inside the industrial area or company premises.
(vi) Causing willful damage to , or loss of , the employer’s goods or property.
(vii) Causing damage to a product in process or to any property.
(viii) Interference with , safety devices.
(ix) Non-observance of safety precautions and rules.
(x) Taking or giving a bribe or any illegal gratification.
(xii) Acceptance of gifts from subordinates.
(xiii) Habitual late coming.
(xiv) Absence from duty without leave.
(xv) Overstay when on leave without prior authorized permission.
(xvi) Entering or leaving , or attempting to enter or leave , the work premises except through authorized entrance and exits.