What are the regulations applicable for the employees of Co-operative Society in the Western Province?

  • Cooperative Employees Commission enactment, no. 1 of 1994
  • Regulations made under the Co-operative Employees commission Act, No. 12 of 1972
  • Regulations (AMENDMENT) made under the Co-operative Employees commission Act, No. 12 of 1972.
  • Provisions of the Cooperative employees’ cadre code

Who gets the gratuity? How is the gratuity calculated?

  • The provisions in this regard are indicated in the circular 1/99. A person who is deemed to have been dismissed or left as disciplinary punishment in a disciplinary inquiry shall not be entitled to gratuity. Those who are serving on contract basis also not entitled to get gratuity.
  • At the same time, if a co-operative employee has completed a continuous service period of 5 years who has lost the employment due to retirement, compulsory retirement, resignation, dismissal or any other way, he is entitled to a gratuity subject to the provisions of 3: 1: 9, 3: 1: 10, 3: 1: 12 and 3: 5: 3 of the Cooperative Employees’ Service Code.
  • Employees who earn monthly salaries as well as employees at a piece rate are entitled to gratuity under this provision.

The way of calculating gratuity is given below.

Last paid wage                 X          Service Period 

___________________
           

             2

How to pay acting allowance?

  • The acting position should be a higher than or an equal to substantive post of the acting officer. The acting officer should be an approved officer of the commission and have the eligibility for the acting position. As the acting post is an approved, vacant post, the acting officer should have worked for that position for more than a month.
  • If the above requirements are fulfilled, acting appointments as specified in Chapter 8 of the Co-operative Cadre Code shall be approved by the Commission.
  • Once such acting appointment has been approved, acting allowance can be calculated and paid as follows.
  • When acting in a higher position besides working in the substantive post, in addition to the salary of the substantive post, ¼ of the initial basic salary of the acting post and when performing the duties of acting only without working in the substantive post, ½ of the basic salary of the acting post, ½ of the initial basic salary of the substantive post, and all increments in the substantive

How to calculate the allowance payable for covering duties?

  • In an appointment approved by the Commission as an appointment of covering duties after submitting information as per the provisions of Section 1.8 of the Co-operative Cadre Code, 2/3 of the acting allowance can be calculated and paid on an allowance.

What are the leave that can be obtained after the maternity leave?

  • As per the Circular No: 07/2004, maternity leave for 84 working days with full pay will be granted to a permanent, temporary, casual or trainee employee. The child’s birth certificate or a medical certificate should be submitted.
  • After a period of 5 months of pregnancy till the delivery, the female employee must be allowed to come to the office half an hour later than usual office hour and half an hour earlier to leave the office
  • After the above said leave is over, she must be allowed to leave the office one hour earlier than usual leaving time of the office until the child completes six months.

How to appoint an officer to conduct a formal disciplinary inquiry?

  • In cases when the Board of Directors files charges against an employee and decides to conduct a formal disciplinary inquiry after a preliminary investigation , as per the 06/2004 Circular,
  1. That decision of the Board of Directors,
  2. Recommendations of the preliminary investigation,
  • The charge sheets, and if the relevant convict is an approved employee of the Commission, the copy of the appointment letter should be forwarded to the Commission and a disciplinary inquiry officer has to be nominated.
  • As per Circular No: 11/2005, formal disciplinary action can be obtained without preliminary investigation in the case of recommendations by investigation made under 46(1) or by documentary evidence made under 47(1) or by an inquiry made under 47(2) of Cooperative Society enactment.

How can an appeal be made to the Commission under regulation 135?

An appeal can be made to the Commission by a co-operative employee or by any trade union on behalf of him against a disciplinary order after a formal disciplinary inquiry under regulation 135.

Appeal should be submitted in the Form given in the Appendix V within the six months from the date of the disciplinary order.

After the Commission has decided to hear this appeal, all the documents related to the disciplinary inquiry are called from the relevant Co-operative Society and examined. Thereafter, if necessary, the two parties are summoned to the Commission and a judgment of the appeal is issued.

It can be appealed to the Commission again within 60 days from the date of the judgment of the appeal given by the Commission and the Commission will hear the appeal again, only if there are any points of satisfaction.

What are the possible offenses done by co-operative employees and the punishments for them?

Offenses

  1. Absence to work without due reason
  2. Reporting late to the duties without due reason
  • Being lethargic and negligence while serving

1. Failure to comply deliberately with the legally enforced orders on one’s duties.

2. Behaving indecently towards the public who comes to the workplace for business purposes

3. Shirking duties saying lame excuses

Distribution or display of leaflets, propaganda books, posters etc. that do not relate to the service without the prior approval of the person in charge of the workplace.

  • Distribution or display of leaflets, propaganda books, posters etc. that do not relate to the service without the prior approval of the person in charge of the workplace.
  • Violating the instructions given to keep the work place clean
  1. Smoking in any part of the work place where the employer has banned smoking.

 

Serious mistakes

  1. The loss or damage to a material or to the employer’s possession or belonging to him or the goods caused by the employee’s negligence, necessity or mistake is directly perceived.

(2) Disobeying or breaching of discipline intentionally

  • Stealing the goods within the premises of co-operative societies or the goods and being fraud and dishonest with the employer’s businesses.
  1. Bribing and giving other illegal allowances.
  2. Behaving in an indecent or troublesome manner during work.
  • Sleeping during work (if it is for watchers and security officers, sleeping during work or leaving the official premises)
  • Being drunken during working hours
  1. Interfering unduly with the security equipment installed at the workplace
  2. Being failure to provide true and correct particulars regarding business transactions of the Society.
  3. Misstatement of Accounts
  • prevarication of frauds
  • Breach of confidence
  • Behaving in the way of defaming the society. Thus, aiding or supporting to the rules or regulations imposed or regulated under the rules of price control or food control or under the ration method of goods.

 

Minor Punishments

  1. Rebuke
  2. Rebuking or condemning strongly
  • Stop or reduce or defer the salary increments for a period not exceeding one year
  1. Transferring the officer to another location at his expense as a disciplinary transfer
  2. Imposing a surcharge after a disciplinary inquiry
  3. Imposing a fine not exceeding one week’s salary

 

Serious Punishment

  1. Dismissal from the service
  2. Termination of employment
  3. Compulsory retirement

How are salaries and allowances paid to co-operative employees prepared?

  • Salary scales mentioned in the circular 08/2015 (1) is effective from 2016-01-01for employees of the Co-operative Societies of Western Province. Instructions on how salary wages should be translated into the salary scales are given in the Circular 08/2015.

Also, it is instructed to pay a 15% of the basic salary and a cost-of-living allowance of Rs. 2,500 / for every co-operative employee as per the Circular 08/2015.