Anil.arora
Administration Head
Kumaresank
Labour & Industrial Laws
David Wilson
Hr Manager
+4 Others

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Dear All,
One of our worker have beaten his co-worker, which is of serious nature & my management have asked me to conduct enquiry. Now I have following questions :-
1. How to proceed for Disciplinary Action.
2. How soon it is to be completed.
3. What is Subsistence Allowance.
4. Who can be management Representative.
Thanks in advance for your valuable information & feedback.
Thanks,
Nishi
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Hi Nishi,

Look dear, first a formal meeting should be arranged as soon as possible with necessary investigation and it should be carried out promptly by the supervisor or appoint a person to do carefully investigate this misconduct how did this come about.

Talk to their supervisor and other co-workers and investigate both the workers and when the truth came into light take the necessary action.

The employee should be notified in writing of any disciplinary case, and when it will be held, allowing enough time for the employee to prepare their response.

In brief

You should

•deal with issues promptly and with minimal delays

•act consistently

•investigate to establish the facts and only proceed to disciplinary action if appropriate

•inform employees about any problem and allow them to respond before decisions are made

•allow employees to be accompanied at any formal disciplinary or grievance meeting

•allow employee to appeal against any formal decision

I have enclosed the DISCIPLINARY ACTION NOTICE or letter format for you.

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File Type: doc HR_DISCIPLINARY_ACTION_NOTICE.doc (48.5 KB, 3268 views)
File Type: pdf Letter of Dismissal_2.pdf (25.2 KB, 1748 views)

Dear Nishi,
It is really impossible to advise you on ALL the processes and fine pints involved in conducting a Domestic Enquiry.
The attached format maybe of some use to you. But then you will reqire continuoud guidance at ecah step, since you are (perhaps??) doing it for the first time.
This being a serious matter whih will have legal implications/repurcussions at a later stage, it will be best to engage an experiences person, maybe a lawyer to conduct the Enquiry in the capacity of the Enquiry Officer.
For any further advice, please feel free to contact me on my mobile: 09717726667.
Best Wishes,
Vasant Nair
HR Advisor
Karma - HR

Attached Files
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File Type: doc Charge Sheet & Enquiry.doc (34.0 KB, 2777 views)

Dear Nishi,
Please read and understand the attached formats. These will surely help you but the conducting a Domestic Enquiry is serious matter having legal implications/manifestations at a later stage, after you decide to and the dismiss the workman.
Best would be to appoint an advocate or an experienced person as the EO and then proceesd. You could perhaps play the role of the Management Representative.
Best Wishes,
Vasant Nair
HR Advisor - Karma HR

Attached Files
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File Type: doc Charge Sheet & Enquiry.doc (34.0 KB, 2413 views)

Dear Nishi, Attached the procedures of Enquiry. Addresses all ur query and will be of very useful to you. Regards David

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File Type: doc domestic enquiry procedures.doc (63.5 KB, 2867 views)

SIMPLE, if you belive the incident is TRUE, then
(1) Issue him a charge sheet narrating the incident in detail in the language understood by him & call for his explanation
(2) Even though the delinquent admits his guilt in his written explanation or had not sent any explanation within the stipulated time, constitute and conduct the domestic enquiry. For this purpose, sent him the notice of hearing, etc, giving ample opporutnity to participate in the enquiry.
(3) If the employee is suspended pending enquiry then Subsistence Allowance has to be paid as per law.
(4) On completion of domestic enquiry, send him the enquiry officer findigs and call for his comments.
(5)Finally issue him the order which should be proporiate to charges provided the charges are proved beyond doubt in enquiry.
Hi, Please find one seminar report, recently I attended on Disciplinary proceedings Regards Soja

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File Type: doc NIPM Seminar ON 25th Nov 2009.doc (38.0 KB, 952 views)

Hi frnds

I am AE recently joined in Reputed private organisation. I got this job through campus placement. But for my senior it is third company only by experience.Actually I am sent to site office from design office without my wish. The behaviour of senior I cant tolerate. He is not professsional. We are handled like labour(pls ignore this line if hurts). I am scolded infront of my juniors and other seniors that too of other disciplines. Since we are staying in guest house together he is intruding in our personal things like while getting awake from the sleep he is standing infront of us and started telling 'kya yaar ithna time thak sothe ho thum' and also in so many petty things. I am told to work but he is assuming that I cant work and started telling negative points on me.

Day by day he is giving mental torture too much. I am mentally depressed and I am in totally discouraging environment because of only him.

Please suggest me some solution to face him and also I want to ask transfer to design office again.

I need good guidance . Pls send me some strong evidences like human right commission.

How to write a letter to the Management and HR regarding this.

my maid id is
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