Responsibility Of Workmen - CiteHR
Psdhingra
Legal Analyst, Hrm
Adoni Suguresh
Sr.executive (per & Adm)
HR_ROY
Management Coach I Hr Strategist I Career
Nathrao
Insolvency N Gst Professional

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Hi,
Can anybody guide if we can take suitable action against workmen in case of indisipline or non performance or absentiesm? We have issued notices to employees in case of indisipline and other matters and workmen has approached labour court with allegation on company for mentally harassing him. They are out of control from Plant Head's hands.
How do we handle these cases?
Thanks

What is the kind of indiscipline/non performance?
Have these workmen been counselled earlier for indiscipline etc?
Is there any documentation of their acts?
What is the mental harassment claimed by the worker in their complaint to Labour Court?
Have you got any trade union in your office/factory?
Collect all facts,instances of indiscipline and then approach Labour courts to put company defence..

Dear,

Whenever employer finds disciplinary issues with any employee then it's employer's duty to do counselling of this employee and try to find out the reason for the same. If after counselling, you find that its employee's fault then you may suggest some corrective actions and issue verbal warning with some time line. And even after the end of that period you find no changes in employee, then you may write warning letter/notice stating all these. Your intention should be to solve these types of issues without issuing any letters/notices.

Moreover the reason for indiscipline of employees may be because of behaviour of plant head.If it is so then you have to take a call on plant head not on employees. Hence it is always good to have a counselling session with these types of employees.

Coming to your query, If you have the proof of indiscipline done by employees then you don't need to worry if you have issued notices for taking corrective action. But if the notice issued is of separation/termination type, then it should have been governed by the appointment letter issued to them else the court may favor them. Remember every employee should be given a chance to put his side prior taking decision on separation/termination.

Apart from what seniors has mentioned, as a HR what all steps were taken from your office please let us know, since you have mentioned that they are out of control from the Plant Head's hand. Sometimes HR plays a pivotal role in resolving matters.
If you have all evidences with regards to your corrective steps then you did not have to worry at all, please put forward to the concerned authority upon their notice demand.

It seems in two line query you want to know the whole of the conduct & discipline rules and the inquiry procedure to be adopted by the management in any organisation!
By the way, in what capacity and since when you are posted in your organisation and what is the supervisory/ managerial hierarchy above you in the organisation?
Also, for what kind of indiscipline you have issued notices to how many number of employees on account of which they have approached labout court.?
Moreover, if the employees are out of control of the plant head, the plant head seems to be quite wothless and inefficient fellow to be retained as a plant head.

Dear Mr.Vandu Sinha,
First of all your approach in this forum itself is not proper. You are quoting HI...... You must realize that this forum is contributed by the senior expertise You approach should be reasonable manner politely. and improve your language.
You have not quoted any incident on record. You are asking only hypothetical question, if done, if happened so and so. Our friend Mr.Nathrai has given his opinion in right manner and correctly. Unless you give us sufficient feed back , it will be difficult for the contributing members to reply to your query.. Labour courts are there to settle the disputes between employees and employers, conciliation matters, non payment of wages etc etc and not for indiscipline or harassment For this already Model Standing Orders are framed under Industrial Disputes Act and you can very well take appropriate steps against employees who violate the companys rules and act indiscipline.
Adoni Suguresh
Labour Laws Consultant .

I am working in a pharmaceutical company of Gujarat as M.R. and company does not have any Standing Orders. On asking they say that you are not covered under the same instead you are covered under S.P.E. Act. Can a pharmaceutical company run without standing orders and are covered only by terms and conditions specified in the Appointment Letter. Please Enlighten.
If any industry or factory wherever the workers are strength exceeds to limitations are compulsorily should have the Standing Orders. Wherever, the standing orders are not there, in such case a Model Standing Order are applicable as stipulated in the Industrial Disputes Act. for the sake of running the company the applicable enactments are applicable or the company can have its own Employment Rules not necessary that should have Certified Standing Orders Model standing orders are there for disciplinary action and others.
Adoni Suguresh
Labour Laws Consultant

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