Dear Professionals, As per ID Act. 1970, what is the process of terminating a Permanent worker, if he has slapped his supervisor/manager/peer/subordinate.
From India, Chandigarh
11From India, Chandigarh
Suspend him immediately pending enquiry. Then prepare charge sheet showing the charges leveled against him describing in detail the incident happened with names of persons involved, names of witnesses, date and time of incident and the relevant clauses of the certified Standing Orders which states that the said incident is a serious misconduct and ask him to reply to the charges within a period, say, seven days (that may also depend upon the clause in the Standing Orders) Then collect the reply and if it is not justifiable send another letter saying that the reply is not satisfactory and he has to face an enquiry into the incident. Then declare an enquiry, conduct the enquiry and get the enquiry report and take disciplinary action (termination, dismissal etc) as deemed fit following the provisions of the Standing Orders.
In the absence of certified standing orders, you may refer to the employee handbook or code of conduct or even the general rules of the company. Terminating without following the above will lead to court's intervention and sometimes the court will order for reinstatement with a direction to conduct a proper enquiry and then decide.
Madhu.T.K
From India, Kannur
In the absence of certified standing orders, you may refer to the employee handbook or code of conduct or even the general rules of the company. Terminating without following the above will lead to court's intervention and sometimes the court will order for reinstatement with a direction to conduct a proper enquiry and then decide.
Madhu.T.K
From India, Kannur
While conducting enquiry, a copy of the enquiry proceedings to be given then and there and after the EO submitted finding, copy of the same also to be given to him. Before deciding punishment of dismissal the past records of the delinquent worker, severity of the acts of misconduct committed and other extenuating reasons if any are to be considered. The proposed punishment of dismissal is to be intimated to him by means of a notice called second show cause notice, asking him to show cause within 7 days of receipt as to why the proposed punishment should not be imposed on him. After his reply if his reply is not satisfactory then the dismissal order should be sent to him, which should be a speaking order containing the above opportunities as per principles of natural justice and why awarding the proposed punishment alone punishment is justified.
Further as per ID Act, if any dispute is pending prior to the dismissal before any labour forum involving the worker, then application for dismissal should be filed simultaneously before such authority alongwith the dismissal order and copy of those papers with one month's notice pay is to be provided to worker.
The above are general procedures but actual situation may slightly vary depending on circumstances and the CSO of the establishment.
Regards
M.Venkatraghavan
From India, Selam
Further as per ID Act, if any dispute is pending prior to the dismissal before any labour forum involving the worker, then application for dismissal should be filed simultaneously before such authority alongwith the dismissal order and copy of those papers with one month's notice pay is to be provided to worker.
The above are general procedures but actual situation may slightly vary depending on circumstances and the CSO of the establishment.
Regards
M.Venkatraghavan
From India, Selam
Dear Seniors, Has Manager - HR rights to slap to the workers in case of controlling them? Rgds, Rahul
From India, Pune
From India, Pune
Slapping junior, colleauge or senior is a gross misconduct therefore a Manager - HR has no right to slap workers.
From India, New Delhi
From India, New Delhi
Dear Harpreet,
In such case please take written complaint from the Supervisor / Manager and testimony of the witnesses. then issue Suspension Letter pending enquiry to the workers. Please note that you need to pay subsistance allowance to the worker from the date of suspension. Then issue Charge Sheet to the worker which elaborate the incident, date, time and charges level against him, the misconducts as per Certified Standing Orders / Model Standing orders. It should also include the date, time and venue of Domestic Enquiry, the name of the Enquiry Officer. If enquiry is conducted away from work place then travel fare need to be given to the concerned worker.
The alleged worker must be given chance to explain his case either by himself or by defence representative. He has right to cross examin the Management witness and evidence.
The enquiry officer need to be appointed by giiving him appointment letter and copy of the charge sheet. E.O. need to conduct domestic enquiry in fair manner and submit his report to the Management with his findings. On the receipt of the enquiry report, the Management need to send the enquiry report to the alleged worker along with show cause notice as to why disciplinary action should not be taken against him. Upon the receipt of the reply of Show Cause Notice, the Management may decide on the possible punishment to be given to the worker as per Certified Standing Orders / Model Standing orders ( Dismissal, Fine, Suspension etc).
Attn. Rahul,
Please note that No one has right slap any body or cause bodily injury to anyone. whoever does so is voilating Human Rights, Disciplinary action may taken against him.
Regards,
Avinash K.
From India, Mumbai
In such case please take written complaint from the Supervisor / Manager and testimony of the witnesses. then issue Suspension Letter pending enquiry to the workers. Please note that you need to pay subsistance allowance to the worker from the date of suspension. Then issue Charge Sheet to the worker which elaborate the incident, date, time and charges level against him, the misconducts as per Certified Standing Orders / Model Standing orders. It should also include the date, time and venue of Domestic Enquiry, the name of the Enquiry Officer. If enquiry is conducted away from work place then travel fare need to be given to the concerned worker.
The alleged worker must be given chance to explain his case either by himself or by defence representative. He has right to cross examin the Management witness and evidence.
The enquiry officer need to be appointed by giiving him appointment letter and copy of the charge sheet. E.O. need to conduct domestic enquiry in fair manner and submit his report to the Management with his findings. On the receipt of the enquiry report, the Management need to send the enquiry report to the alleged worker along with show cause notice as to why disciplinary action should not be taken against him. Upon the receipt of the reply of Show Cause Notice, the Management may decide on the possible punishment to be given to the worker as per Certified Standing Orders / Model Standing orders ( Dismissal, Fine, Suspension etc).
Attn. Rahul,
Please note that No one has right slap any body or cause bodily injury to anyone. whoever does so is voilating Human Rights, Disciplinary action may taken against him.
Regards,
Avinash K.
From India, Mumbai
Special thanks to Madhu, Venkatraghavan and Avinash for putting light on the topic.
But, now i have even bigger query.
Who can be an Enquiry officer? and who can not be an Enquiry officer?
Can a LWO (Labour Welfare Officer) be an enquiry officer?
From India, Chandigarh
But, now i have even bigger query.
Who can be an Enquiry officer? and who can not be an Enquiry officer?
Can a LWO (Labour Welfare Officer) be an enquiry officer?
From India, Chandigarh
No a labour welfare officer is a statutory position and he cannot be an enquiry officer. I would suggest to hire an independent knowledegable enquiry officer.
From India, Mumbai
From India, Mumbai
Dear Harpeet Mohal
The statutory LWO cannot do works like domestic enquiry, attending conciliation before Govt authorities, etc. Either company official or independent outsider can conduct enquiry. The principles of natural justice is to be followed in conducting the enquiry. In the enquiry the management side can be represented by any official, but if he is a lawyer, the other side also to be represented by a lawyer. The EO should record the proceedings of the enquiry and after completion of a page, all those present in the enquiry should sign. Then only the next page recording to be proceeded. A copy of the enquiry proceedings to be given to the worker and the acknowledgement of the same to be recorded in the enquiry proceedings itself by the sign of the worker and his co-worker/helper/ assistant.
If the delinquent worker accepts the charges in toto then the same to be recorded in the enquiry proceedings with the sign of the delinquent worker just below the recording. In that case the enquiry need not proceed further and can be closed.
In case the delinquent denies the charges, then the enquiry shall be proceeded as already stated by AKATRAP above. After enquiry the copy of enquiry finding to be provided to the worker for his comments on the enquiry finding. After providing him copy of the finding, a second show cause notice intimating the proposed punishment is to be served on the worker.
M.Venkatraghavan
From India, Selam
The statutory LWO cannot do works like domestic enquiry, attending conciliation before Govt authorities, etc. Either company official or independent outsider can conduct enquiry. The principles of natural justice is to be followed in conducting the enquiry. In the enquiry the management side can be represented by any official, but if he is a lawyer, the other side also to be represented by a lawyer. The EO should record the proceedings of the enquiry and after completion of a page, all those present in the enquiry should sign. Then only the next page recording to be proceeded. A copy of the enquiry proceedings to be given to the worker and the acknowledgement of the same to be recorded in the enquiry proceedings itself by the sign of the worker and his co-worker/helper/ assistant.
If the delinquent worker accepts the charges in toto then the same to be recorded in the enquiry proceedings with the sign of the delinquent worker just below the recording. In that case the enquiry need not proceed further and can be closed.
In case the delinquent denies the charges, then the enquiry shall be proceeded as already stated by AKATRAP above. After enquiry the copy of enquiry finding to be provided to the worker for his comments on the enquiry finding. After providing him copy of the finding, a second show cause notice intimating the proposed punishment is to be served on the worker.
M.Venkatraghavan
From India, Selam
The first step is usually to get written statements of occurred incident from both parties in writing. Then read both statements to estblish facts.
The second step is to invite both parties to seperate meetings in order to listen to their account of the event. This is what the principle of natural law is all about \"listen to the other side of the story\" before imposing punishment.
The third step is to refer to employee code of conduct set by your organisation then organise for interview in order to establish if there is any case to answer. Those to be present in the interview should be high ranking people in the organisation. Adjourn and reconvene the interview again, the decision of this kind should be on the weight of the offence.
From Ireland, Cork
The second step is to invite both parties to seperate meetings in order to listen to their account of the event. This is what the principle of natural law is all about \"listen to the other side of the story\" before imposing punishment.
The third step is to refer to employee code of conduct set by your organisation then organise for interview in order to establish if there is any case to answer. Those to be present in the interview should be high ranking people in the organisation. Adjourn and reconvene the interview again, the decision of this kind should be on the weight of the offence.
From Ireland, Cork
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Termination-emp loyment_563.pdf
Termination letter.doc