What if Employee Misbehaves & shows Misconduct?

Nowadays grasping the misconduct of employees at the workplace is merely necessary for HR departments and managers, it’s not an easy task but it is merely important to make sure that employee conduct should be clear and imposed as per the expectations of the company.

Let’s understand what establishes employee misconduct, this article will discover the issue related to employee misconduct or misbehaviour and show the path on how to tackle it successfully at your organisation.

What does misconduct in the workplace mean?

Misconduct in the workplace means any behaviour that is against the policies of the companies that express how employees should behave at work.

This may include immoral, improper, cruel or criminal behaviour that takes place within the ambit of the workplace. The misconduct at the workplace may relate to the impact on company property or infrastructure, process of the company, outcomes and the wellbeing of other employees at the company.

Types of Misconduct by the employees

Generally, there are two types of misconduct

(a) Major(gross) misconduct

(b) Minor(general) misconduct

Major misconduct (gross)

In the case of gross misconduct of an employee, the act of the employee which leads to instant termination, this kind of misconduct is horrific in nature, which causes harm to the company and the co-workers.

This action gives the company no choice rather than the termination of the employee and employees may be removed without notice, if any infrastructure is harmed the company may hold the final payment of the employee for such an incident.

Few examples which include gross misconduct of employee are:

a) Theft of finances or property from the company or any fraudulent transactions

b) Damage caused by an employee intentionally

c) Fails to follow safety policies and put risk on other co-workers

d) Refuse to obey orders

e) Verbal or physical threats of violence

f) Sexual harassment, stalking

g) Violation of drugs and alcohol policies

h) Sending offensive emails

i) Running or maintaining any side job, business that creates conflicts

Minor (general) misconduct

This type of misconduct (general) is less offensive than gross misconduct; it does not lead to immediate termination as it does not intend to harm any co-worker or the company, but the HR or supervisor may take disciplinary action to reimburse it. Let’s understand it with an example. A person who is an employee of a company XYZ, comes late continuously. This action is undesirable but there is no intention to harm the company or any co-worker.

Few more examples of general misconduct include:

a) No proper reporting

b) Not following the orders

c) Smoking in a non-smoking area

These are said to be offences but not harsh in nature they may be corrected and do not amount to immediate termination, accordingly the employees are given warning letters for their misconduct and are monitored for any specific period of time, violation of such may lead to suspension.

Steps to tackle such misconducts

There should be fair company’s policies for the entire employee such as:

a) Fair, equal and crystal clear rules.

b) Communicated policies

c) Honest investigation

d) Improving actions

When an employee misconducts:

a) Verbal Counselling

b) Written warning

c) Suspension without pay

d) Termination

Verbal counselling

It is the first step or the initial step to reduce the misunderstanding and show a path towards necessary and successful correction. This is a useful procedure as most people don’t want the disciplinary process to be administered.

Written warning

If the problem is not solved, a written warning must be given to that misconducting employee, the statement must include description of the current situation, any future statement which identifies performance issues that need to be resolved, and the statement should be signed by both the parties.

Suspension without pay

If there is any kind of gross misconduct and depending upon the situation the employer may suspend the employee without paying any kind of amount.

Termination

If a problem is not resolved or the employee has done any kind of serious offence related to the company. The company can terminate the employee without any prior notice.

Certain misconduct that creates grounds for immediate termination are:

a) Theft

b) Physical assault

c) Influence of drugs or alcohol

d) Threatening safety of others

How lead India can help you

The team Lead India has an expert panel of legal experts who will help you to get an agreement drafted which will include all the mandated policies regarding the misconduct of the employee, and also you will be helped if any harsh situation occurs due to such evil conduct of the employee.