see to removal of the union member u have to build a strong case against his miss conduct.
now issue a memo against his miss conduct and allow him as first excuse such make all the miss conduct has to prove that it should reflect that because of is miss conduct the company put to loos . after making a file and put all this top the labour department and simply terminate him and inform to the labour though all evidence for his termination . while doing follow all legal procedures.
Srihari sir has given you sound advise. I would just like to add a little.
First Issue a showcase to the concerned worker and also inform all the committee members of the union and take them also into confidence. Whenever that worker commits mistake isuue him a memo as suggested by srihari sir.When the explanation to the showcause is not satisfactory you can issue him a chargesheet and start with enquiry. At the same time please communicate and negotiate to all the committee members of the union about the losses which company has suffered alongwith the past memos and showcause.
Then when the enquiry report comes you can go ahead and take action yet you need to keep all evidences such as memos, evidences of losses to the company etc then you can proceed further and terminate him.
hope this helps.
You have mentioned in your discussion that the "Workman has been found guilty of misconduct". What does this mean - whether the inquiry has been conducted and the report has been submitted by the Inquiry Officer, or the evidence are very strong and on that basis it has been construed that the alleged employee is guilty.
If in the Inquiry Report, the charges of misconduct have been proved, nothing doing, just obtain approval of Competent Disciplinary Authority regarding dismissal of the guilty workman, no matter how strong labour union exists. Because, if you take a lenient view with this case, the instances of recurrence will increase and the system will be the sole responsible identity for such lapses.
If inquiry has not been conducted, and inference is based on evidences, then better take following steps before coming to any conclusion so as to defend your action before any Court or legal entity.
1) Obtain a complaint in writing of misconduct. It would be better if the complaint is supported by some witness(es) or material evidence.
2) After obtaining a complaint, frame a Chargesheet cautiously as per the Certified Standing Orders of the Company or Model Standing Orders, as deemed fit and applicable to your Company. Issue the Chargesheet giving 3 days time from the receipt of C/Sheet for submitting explanation in his defense by the employee.
3) If the explanation is not satisfactory, issue a letter to accused workman(AW) that the explanation is not satisfactory and there is scope of further investigation which will be done by the Inquiry Officer, so appointed by the Disciplinary Authority(DA).
4) Obtain approval for appointing Inquiry Officer(IO) and Management Representative(MR).
5) Issue order for appointment of IO & MR advising them to conduct fair and impartial inquiry and submit report at the earliest, with a copy to AW. AW will be allowed to seek help of a Co-Worker(CW) during inquiry proceedings of his choice, if he so desires for which he shall make a request in writing to the IO. Such CW will be released from work place on the date and time inquiry is scheduled to be held.
6) Now the inquiry begins, after completion of inquiry, findings and brief report upon which the findings have been arrived at will be submitted by the IO to DA.
7) Based on the findings of IO and gravity of misconduct, DA shall order for imposing penalty/punishment for which Order will be issued under the Signature of DA with a copy to AW, MR, CW, Administration Deptt., Finance Deptt., Head of Deptt. in which workman works and any other relevant authority/person/department.
If you follow the above procedure, no Court can challenge your action, provided the inquiry has been held impartially and punishment / penalty is in line with the misconduct, without any personal bias.
First get the matter in writing from the concerned who is affected / Production Head or towhom the worker is reporting.
Next issue a letter to the workman asking him why he should not be found guilty and action to be taken against him Give him time o reply.
Once you receive the reply based on that arrange for the enquiry. During the enquiry the affected person or the person incharge to be present. Brief the workman clearly what is the offence he has committed. if he accepts the offence then record it in his presence and get his signature & compplete the enquiry. if he is not accepting get the details from the affected person/ incharge and record it.
finish he enquiry and if he is really foung guilty according tot he witness etc send a letter to him stating that on enquiry he is found guilty and he will be punished according to the company\'s norms etc.
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