Hi All of you, I just need a clarification that if a worker is not satisfied with disciplinary action taken by employer, then what rights is preserved for workers to appeal against disciplinary action. ?
24th February 2019 From India, Mumbai
Dear Guidance -Seeker,
Your Query:-- What if a worker is not satisfied with disciplinary action taken by employer, then what rights is preserved for workers to appeal against disciplinary action ?
Kritath Team Clarifies:-- " The Practice of " Proposed Punishment" Letter /Communication to be issued by the Employer/ Punishing Authority before "Awarding Quantom of Punishment" Was a Healthy Practice whereunder: following Sequential Steps would be taken:
1. The Punishing Authority will "apply his/her mind" to the Enquiry Report with Deginite and Conclusive Findings of the Inquiry Officer/Committee; and
2. "Decide on/ about the Punishment proportionate to the Gravity of the proven Misconduct ; AND
3. Inform the concerned Employee / Worker thereabout and allow him/her to submit his/her "Representation" against the "Punishment Proposed" stating Reasons/Justifying Why Lesser Punishment be Awarded or Condonation granted, in lieu of Punishment Proposed and assuring the Addresee that his/her Representation shall be duly considered (here lies the Credibility of the Employer / Management) before issuing the Final Order; and
4. Actually & genuinely considering the Representation before passing the Final Order.
Systems almost eliminates " Arbitrariness" which may occur due to Work-Pressures, Variable Mood etc.
Being Fair, Proper and Just in Disciplining is and remains elusive , oftentimes leading to Ignoring the Pupose of Discipling which is "Correcting Behaviour"
Kritarth Team of Managment Systems Therapist
24 Feb 2019
ETC
4.
24th February 2019 From India, Delhi
Dear Ajit,
A punishment awarded to an employee carries with it a stigma so as to affect his career prospects or future employment elsewhere. Therefore, when an employee, irrespective of his status of employment, is subjected to disciplinary action and awarded some punishment by the Disciplinary Authority, naturally, he could be aggrieved about the quantum of the punishment as a disproportionate one or about the manner the disciplinary proceeding was conducted or the entire action as a measure of victimization. Therefore in such a situation, appeal against the punishment becomes a natural corollary. Appeal against the punishment awarded in a disciplinary proceedings to a workman lies with the Appellate Authority, if so provided for in the Standing Orders or Service Regulations of the organization. Otherwise he has to seek statutory remedy only.
Of course the statutory remedy of appeal against punishment awarded to a workman differs depending on the nature of punishment awarded.
If the punishment is dismissal, he can exhaust the remedy of the provision for appeal within the time-limit, if so provided for in the establishment-specific labor law applicable to his establishment. Examples are State Shops and Establishments Acts, Beedi and Cigar Workers Act,1966 etc. Otherwise he has to raise a dispute u/s 2-A(1) of the Industrial Disputes Act,1947 within three years from the date of his dismissal, discharge, retrenchment etc., resulting in his non employment.
In respect of any other punishment like punitive suspension, stoppage of increment, demotion and the like he should approach his trade union to espouse his cause and the trade union concerned should raise a dispute u/s 2(k) of the ID Act,1947 before the area conciliation officer and if conciliation fails the dispute would be referred for adjudication.
24th February 2019 From India, Salem
Dear Ajit,
The aggrieved employee must cite reasons for his dissatisfaction and appeal to the Punishing Authority to review the decision.
This step is within the organization.
If he is still not satisfied with the decision after review, he can knock the doors of remedy under the relevant Act.
Regards,
Vinayak Nagarkar
HR- Consultant
25th February 2019 From India, Mumbai
Dear Ajit
Good inputs from seniors. I may have to say that your query does not offer full details. It is not clear as to at which stage of the disciplinary action, the employee is dissatisfied with it.
If he is dissatisfied at the Charge - sheet stage with regard to any vague details contained therein or jurisdiction of the competent authority to issue charge-sheet etc, then he can record his objections in his reply to the charge-sheet.
If he is dissatisfied at the inquiry stage with regard to the manner in which the inquiry is conducted or such other matter like bias in adjournments or with regard to defense representative etc, then he can raise an objection before the Inquiry officer and get it recorded and seek a ruling of I.O on it.
If it is at the stage of penalty, then he can prefer an appeal to the appellate authority as per service rules/SOs, praying for quashing or commuting the penalty.
If all these measures fail, he can raise an ID as Mr.Umakantan suggested under Sec.2A of the ID Act.
B.Saikumar
HR & Labour Relations Consultant
3rd March 2019 From India, Mumbai
Further to my post, he can raise ID under Sec.2A of ID Act, if the penalty resulted in his dismissal or termination from service.
B.Saikumar
4th March 2019 From India, Mumbai
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