My security is beaten by our employee who is staying at accommodation which is provided by company.Employee on Sunday came by drunk and using some bad words, security went to ask him by the time employee hit the security guard. What kind of action i can take.
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Dear Nagaraja R,
If you have provided accommodation to the few employees then have you devised any code of conduct? Few companies make internal agreement with the employee on the terms and conditions of their stay in the company-provided accommodation. Have you done that?
Yes, physical assault, whether in drunken state or otherwise, is criminal offence. Nevertheless, do you have evidence of the assault? How you came to know the incident? Have you obtained pro forma statements from the accused and the survivor?
I recommend you conducting the domestic enquiry and if the offence is established then you may take action against the accused. The punishment could be termination from the employment also.
Dinesh Divekar
Dear Colleague,
1.You conduct the preliminary enquiry, get hold of the facts of the case and written complaint from the Security guard who was assaulted by your worker as well as statement of the witnesses supporting the facts of the case.
2. Issue suspension pending enquiry order to the worker.
3. Carefully draft the charge sheet giving full facts - date and time of the incident and sequence of events. State exact words used in abusing the guard . Charges are drunkeness, riotous behaviour, use of abusive language and assault.
4. Issue and give him time to reply within 48 hours and proceed with the domestic enquiry by a legally trained enquiry officer.
Vinayak Nagarkar
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