Section 20: Lists of acts which may be termed as misconduct

(1) The following acts shall each be treated as misconduct for the purposes of the proviso to sub- Section (1) of Section 26:-

(a) wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior;

(b) wilful damage or loss of employer’s property;

(c) taking or giving bribes or any illegal gratification;

(d) theft, fraud, or dishonesty in connection with the employer’s business or property

(e) habitual absence without leave or absence without leave for more than ten days;

(f) habitual breach of any law applicable to the establishment;

(g) habitual late attendance;

1. Now paisa equivalent to that JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 10

(h) riotous or disorderly behavior during working hours at the establishment or any act subversive of discipline;

(i) habitual or gross negligence or neglect of work;

(j) striking work or inciting others to strike work in contravention of the provisions of any law or rule having the force of law;

(k) breach of the provisions of the Standing Orders applicable to the establishment and certified under the Industrial Employment (Standing Orders) Act, 1946.

(2) No order of discharge on ground of misconduct shall be made unless the employee concerned is informed in writing of the alleged misconduct and is given an opportunity to defend himself and explain the circumstances alleged against him.