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Search for "Labour Dismissal Without Any Enquiry Discrimination"


Punishment deferred
Dear members i have a doubt on the punishment deferment. on the serious misconduct of an employee the charge sheet issued enquiry conducted and in the enquiry the misconducted proved. the punishment for the misconduct is dismissal from the service. in this situation if management decide to give him a chance and taken him back to duties by deferring the punishment. if he commit the similar type of misconduct in future can we award dismissal basing on the previous enquiry findings without conducting fresh enquiry as we have deferred the earlier punishment. kindly clarify my doubt giri
Mentioning the past record of the workman in dismissal order
Greetings: charges are proved against a workman during the domestic enquiry. however the present misconduct is not a good ground for dismissal. if we club the past conduct of the workman it is a good ground of dismissal. my question is can we mention the past conduct of the workman while passing the dismissal order justifying his dismissal? earlier at any stage of disciplinary proceedings we have not mentioned the past conduct of the workman. please suggest with case law. regards
Dismissal/termination of the employee
Dear all i have two small questions and request you to enlighten me on the same asap. 1.a "driver " was dismissed for the proven serious misconduct from the services of a company after following due process of law such as counsellingissuing warning letters/show cause notice /charge sheet and finally after conducting the domestic enquiry by an independent eo in which all his misconducts were proved . however after his dismissal his union approached commissionner of labour s office in mumbai who in turn wrote a letter to the company to take the driver back in service with back wages. is labour commissionner s office authorised to give such instructions and if so what legal stand the company should take? 2.a senior manager of the company having managerial powers/authority was terminated for misconduct after giving show cause notice the reply of which was not found satifactory by the company .however no charge sheet was given nor domestic enquiry was conducted by the company . after the termination what legal course of action he can take against the company . i will be grateful if some of my experienced professional colleagues can give proper guidance on these matters. thanking you with kind regards h.dattaram mumbai
What is unfair dismissal? are there any laws relating to unfair dismissal in india?
Introduction and definition of unfair dismissal unfair dismissal is a term used in labour and employment laws. before moving to the meaning of the term it is important to know the importance of such laws in our country. in developing countries like india labourers/ employees are the most valuable asset which can help in transforming the country into a developed nation. the business and economy undoubtedly are growing at a very high pace. hundreds of industries manufacturing units factories mncs are opening every day. in order to ace this competition employers focus on price and goods efficiency which in turn result in neglecting the rights of labourers/ employees. illiterate poor and unaware about their rights labourers often fall prey in the hands of their powerful employers. this is the reason we need labour and employment laws. to protect labourers from exploitation to improve industrial relations between working class and management to ensure job security etc. ngtounfairdismissalinindi a/?utm_sourceblogupdateemail&utm_mediumemail&utm_campaignsgses all credit to the student author of this article which explains fair and unfair dismissal.
Can a dismissal reversed
The employee has not turned after sabbatical after show cause notice he was dismissed. now he is requesting for reversal because of career is affected because of dismissal. can the dismissal be reversed?
Policy against racial discrimination against customers
Hi all i work in hotel industry where many a times we have to give preference to a guest based on his gender or past association with company which at times is assumed by other guests as racial discrimination specially if the guest who got preference was a white. we want to have a proper policy against racial discrimination with guests so that no team member can indulge in racial discrimination under the plea of urgency of guest. would you have something similar in your organization. please note that for staff we have this clearly mentioned in house rules but that\'s just a 1 liner.