Format - Chargesheet And Domestic Enquiry Procedure

Hi Friends,

Could someone provide me with a format for a sample chargesheet? I would also like to revisit the domestic enquiry process as I have never implemented it (courtesy of my Corporate HR experience).

Sandeep

Dear HR Doctor,

Please click on the link below for the Domestic Enquiry:

<link no longer exists - removed>

As for the chargesheet, it goes like this:

[color=dark blue]We are in receipt of your written explanation dated --- in reply to the show cause letter issued to you under letter ref dated--- which has been found unsatisfactory.

You are therefore charged under clause no--- (state the relevant portion of the clause).

In that it has been reported ----(give the full incident).

In accordance with the provisions of clause of -- of Standing Orders, an Enquiry Committee will meet to investigate the above charges leveled against you in the office of the -- at --- hours on --- and you are directed to be present thereat to enable you to conduct your defense properly and adequately. We send herewith a copy of the Standing Orders and a copy of the complaints in this connection on which the Company may rely at the time of the Enquiry.

At the Enquiry, you will be given a full opportunity to conduct your defense by examining your witnesses and cross-examining the Company's witnesses. Should you fail to present yourself at the enquiry, it will proceed ex parte.[/color]

You can replace the Standing Orders with Rules if you don't have one.

Regards,

SC

Dear All,

What documents are necessary to be kept while undergoing the procedure of a Domestic Enquiry?

Preliminary enquiry report, list of witnesses to be examined, list of documents/evidence to be examined, and any other oral statements recorded for the incident.

Rajesh

Step One

Date

Mr. Ram Kishan

S/o Shri. Ram Lakhan

Machinist

Machine Shop

Employee Code: 10906

Sub: Charge Sheet

Mr. Ram Lakhan,

It has been reported that while you were on duty in the Machine Shop on 26th August 2009, at about 3.30 p.m., when your Supervisor approached you and asked why you were not doing the work assigned to you, you suddenly flared up. Without any reason or provocation whatsoever, you started abusing him (your Supervisor) in the name of Mother & Sister (mention the exact language used by the worker) and slapped him on his face. Even after that, you continued to physically assault him and shouted loudly that you would see him outside the factory.

You even threatened him with dire consequences and harm to his life.

The other workers and staff members present there at that time came to the rescue of the Supervisor. With difficulty, they managed to separate you from him (the Supervisor) and take you to the Security Room. You were then handed over to the Security Officer.

Such violent behavior on your part in physically assaulting your Supervisor and acts of threatening him with harm to his life amount to acts of Gross Misconduct as per Clause 10(a) of the Company's Standing Orders which read as follows:

(Mention the exact clause as written in the Standing Orders)

You are, therefore, hereby called upon to explain in writing within 48 hours of receiving the Letter of Charges as to why appropriate disciplinary action should not be taken against you for your above-mentioned acts of gross misconduct.

Should you fail to submit your written explanation within the stipulated time, it will be inferred that you admit the charges leveled against you and that you do not have any explanation to offer in your defense.

In such an eventuality, the management will be at liberty to take necessary disciplinary action against you, as it deems proper, under the circumstances.

However, since the charges leveled against you are extremely serious in nature and since your presence in the factory premises is detrimental to the overall discipline of the establishment, it is deemed expedient to suspend you from your duties with immediate effect.

You shall be entitled to receive a subsistence allowance as per the provisions of applicable law during the period of your suspension, from the date of your suspension.

You are also advised to report at the Security Room/Gate at 10 am daily.

For ABC Co.

Authorized Signatory

Very Important Steps to be taken:

1. Without wasting a moment, take written statements about the incident from:

a. Supervisor

b. The Workers and Staff present there at that time

c. Security Guard and S.O.

2. The written statements will be important documents that will be used to establish the charges leveled against the Charge Sheet worker.

The concerned employees will be the Management Witnesses.

3. Date, Time, Place, language used by the workers when he threatened the Supervisor, etc., should be clearly mentioned in the written reports.

4. All reports should be separately written and signed by each worker, Staff who was a witness to the incident.

5. All this should happen NOW. Tomorrow will be late. Afterthoughts and a change of mind, etc., are bound to happen.

Step Two

Once you receive the written explanation of the worker:

Date

Mr. Ram Kishan

S/o Shri. Ram Lakhan

Machinist

Machine Shop

Employee Code: 10906

Mr. Ram Lakhan,

Your written explanation dated... in response to the Charge Sheet dated... issued to you has been received on...

The explanation offered by you has been carefully considered by the management, and it finds your reply unsatisfactory.

It has, therefore, been decided to institute a Domestic Enquiry to investigate the charges leveled against you via the Charge Sheet dated... and to grant you a full and fair opportunity to defend yourself against the same.

Mr. Ram Lal Ahuja of the Legal Section of the Company has been appointed as the Enquiry Officer to conduct the Domestic Enquiry. He will communicate with you directly and inform you about the date, time, and venue of the Enquiry.

For ABC Co.

Authorized Signatory

Step Three

Then issue a letter to the Enquiry Officer formally appointing him as the EO, requesting him to inform the Charge Sheeted worker about the date, time, and venue of the enquiry. Send him a copy of the Charge Sheet along with the letter as an annexure.

Step Four

The EO will then issue a letter to the workman giving details about the date, time, and venue where he will conduct the Enquiry.

Both these letters will be worded very carefully to make the management's case strong.

Then the Domestic Enquiry will start.

It is quite common to confuse between a Charge Sheet and a Show Cause Notice. Both have different implications. A draft by one of our CITE members suggesting that the Charge Sheet is being issued since the worker's reply to the Show Cause Notice was not acceptable is not quite right.

Please feel free to call me for any clarifications anytime.

Vasant Nair

09717726667

Email: [Login to view]

Dear Friend,

Congratulations on your being appointed as the EO.

You may start with these two letters:


Letter Appointing the EO:

Mr…….
Address


Dear Mr…….

The management is pleased to appoint you as the Enquiry Officer to conduct a Domestic Enquiry to investigate into the charges levelled against Mr…………(Designation, Deptt.etc…) an employee of the Company, vide Charge Sheet dated……..

Copies of the Charge Sheet, the reply submitted by the Charge Sheeted employee in response to the said Charge Sheet are enclosed herewith for your ready reference.

You are requested to conduct the Domestic Enquiry against the above named employee and submit your report to the management.

For………



Authorized Signatory

You may have already got this letter from your management.
You must “Accept” and sign a copy of this letter in token of your acceptance of the same.

-----------------------------------------------------------------------------------


As the EO you will send the following letter to the Charge Sheeted employee.


Mr……..
S/o Shri….
Designation
Department


Dear Mr…….

This is to inform you that I have been appointed as Enquiry Officer to conduct a Domestic Enquiry to investigate into the charges leveled against you vide Charge Sheet dated……

I propose to conduct the Enquiry on………(date) in the Office Conference Room(mention the place/venue) at 10 am.(mention the time).

The Enquiry will be conducted in accordance with the principles of natural justice and you will be given full and fair opportunity to defend yourself against the charged leveled against you. You may also seek the assistance of a co-employee to represent you on your behalf in the Enquiry proceedings.

Please present yourself for the Domestic Enquiry on the date, time and place mentioned above failing which the Enquiry proceedings will be conducted ex-parte.



XYXABC
Enquiry officer


This letter should be sent under Registered AD Cover and the Postal Receipt and the Acknowledgement card should be preserved in your records.

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Please also understand that conducting a Domestic Enquiry is serious business. You must consult your Legal/HR Advisor all along. It will be extremely difficult to coach you on all the finer points through these threads & responses.

I will be gald to become your HR Retainer should your management feel the need for one and if you are located in Delhi/NCR.

Best Wishes,

Vasant Nair
09717726667

Please read and understand the detailed process I had outlined in my very recent email that I posted in response to your query.

Vasant Nair

Please provide the charge sheet or show cause notice for undisciplined actions as per the instructions of the Production Manager or Quality Manager. Thank you.

Best regards,
Bittu

Managing indiscipline is a very sensitive matter and needs to be addressed with utmost care. The process has legal implications, and if not handled properly, it can lead to embarrassment at a later stage.

I am willing to conduct a workshop on Managing Indiscipline in Gurgaon/Bhiwadi. In case HR colleagues working in and around Gurgaon/Bhiwadi are interested, please call me on my mobile at 09717726667 or contact me at vasantnair10@gmail.com.

Vasant Nair Director Karma-HR

Hi guys,

Kindly assist. I want to draw up a charge sheet for a supermarket here in South Africa.

Keep well and looking forward to hearing from you.

Regards, Vama Jele

Dear All,

Please suggest if any employee remains absconded for more than one month. We have sent two letters to the absconded employee requesting them to report with the proper documents and an explanation for their prolonged absence. However, we have not received any response.

What steps should we take to proceed with terminating their employment permanently? Please provide your valuable insights on this matter.

Looking forward to your suggestions!