Section 20 in The U.P. Industrial Employment Model Standing Orders, 1991
20. Act or omission constituting misconduct.
(1)The following acts or omissions will be treated as major misconduct:(a)wilful insubordination or disobedience whether singly or jointly with other workmen of any lawful and reasonable order of a superior;(b)striking work either singly or with other workman without giving due notice prescribed by law or rules or including in go slow;(c)inciting whilst on the premises of the industrial establishment any workman to strike work or go slow;(d)theft, fraud, misappropriation or dishonesty, in connection with the employer's business or property;(e)taking or giving bribes or any illegal gratification whatsoever;(f)collection or canvassing for the collection of any money whatsoever for purposes not authorised by the employer within the premises of the industrial establishment;(g)drunkenness, fighting, riotous or disorderly behaviour or conduct likely to cause breach of peace, or conduct endangering the life or safety of any other person or any act subversive of discipline, efficiency and any act involving moral turpitude committed within the premises of the industrial establishment;(h)negligence or neglect of work repeated on not less than three occasions within six months,(i)indiscipline or non-observance of any rules or instructions for the maintenance and running of any department or maintaining its cleanliness, repeated on not less than three occasions within six months;(j)holding meetings inside the premises of the industrial establishment without prior permission of the employer;(k)threatening or intimidating any workman within the premises of the industrial establishment;(l)disclosing to any unauthorised person or persons, any information in regard to the working or process of the industrial establishment which comes to the possession of a worker during the course of his work;(m)gambling within the premises of the industrial establishment;(n)malingering, deliberate delaying of production of carrying out of orders, gherao of any workman, supervisor, Manager or employer;(o)damage to work in process of any other property of the industrial establishment including sabotage.(2)The following acts or omissions will be treated as minor misconduct-(a)smoking within the premises of the industrial establishment at places where smoking is prohibited;(b)failure to observe safety instructions, unauthorised removal of the guards fencing and other safety devices installed in the premises of the industrial establishment including interference with the working of plant or machinery;(c)distributing or exhibiting inside the premises of the industrial establishment any newspaper, handbill, pamphlet or poster without the prior permission of the employer;(d)refusal to work on another machine of the same type;(e)the sale or canvassing for the sale of tickets, coupons, or changes in any lotteries or raffles within the premises of the industrial establishment, without prior permission of the employer;(f)habitual sleeping while on duty, thrice in a month;(g)habitual late attendance or absence from duty without leave or without sufficient cause on three occasions in one month;(h)entering or leaving the premises of the industrial establishment otherwise than through the gate or gates provided for the purpose;(i)expectorating or otherwise committing a nuisance in the premises of the industrial establishment.
