[Company Logo][Company Name]
- Policy No.:
- [Reference Number]
- Effective Date:
- [DD/MM/YYYY]
- Version:
- [Version]
- Approved by:
- [Authorised Signatory]
1. Purpose
This policy sets out a fair and consistent procedure for dealing with misconduct and breaches of company rules at [Company Name], in accordance with the company's Standing Orders, applicable labour laws and the principles of natural justice.
2. Scope
It applies to all employees of the company. For workmen covered by the Standing Orders, the Standing Orders will prevail in case of any inconsistency. POSH complaints are handled separately by the Internal Committee.
3. Principles
- No action will be taken without informing the employee of the specific allegations.
- Every employee will be given a reasonable opportunity to respond in writing and be heard.
- Decisions will be based on evidence and recorded with reasons.
- Penalties will be proportionate and consistent with similar cases.
- Confidentiality will be maintained and no one will be victimised for raising a concern.
4. Classification of Misconduct
Minor misconduct includes [e.g. occasional late attendance, minor breach of dress code, careless errors]. Major misconduct includes acts listed in Clause [Clause Number] of the Standing Orders, such as theft, fraud, wilful insubordination, violence, falsification of records, serious breach of confidentiality and habitual absence.
5. Progressive Discipline (Minor Misconduct)
| Stage | Issued by | Employee Reply | Validity |
|---|
| Counselling / verbal warning | Reporting Manager | Recorded in form | [Number] months |
| First written warning | Manager with HR | [Number] days | [Number] months |
| Second written warning | HR | [Number] days | [Number] months |
| Final warning | HR Head | [Number] days | [Number] months |
6. Formal Procedure (Major Misconduct)
- Preliminary inquiry by an independent investigator to establish facts.
- Show cause notice, with [Number] days to reply.
- Charge sheet with articles of charge, documents and witnesses, if the reply is unsatisfactory.
- Domestic enquiry by an impartial Enquiry Officer, with the right to a co-worker defence representative, to cross-examine and to lead evidence.
- Enquiry report shared with the employee for comments.
- Reasoned decision by the disciplinary authority.
7. Suspension
An employee may be suspended pending enquiry where continued presence may affect the investigation or safety. Suspension is not a penalty. Subsistence allowance will be paid as per the Standing Orders and applicable law, and the enquiry will be completed as quickly as possible.
8. Penalties
Penalties will be imposed only as permitted by the Standing Orders, such as warning, censure, withholding of increment, suspension, reduction in grade, discharge or dismissal. Any deduction from wages will follow applicable wage law.
9. Appeals
An employee may appeal against a penalty to [Appellate Authority] within [Number] days of receiving the decision. The appeal will be decided by a person not involved in the original decision.
10. Responsibilities and Records
Managers will report issues promptly and factually. HR will advise on procedure, maintain the disciplinary case register and keep records confidentially for [Retention Period].
11. Review
This policy will be reviewed every [Number] months or when the Standing Orders or applicable labour laws change.
Approved by
[Authorised Signatory][Designation]Date:
[Date]