How To Conduct Enquiry & Take Diciplinary Action ?

Dear All,

One of our workers has beaten his co-worker, which is of a serious nature, and my management has asked me to conduct an inquiry. Now I have the following questions:

1. How should we proceed with disciplinary action?
2. How soon should it be completed?
3. What is a Subsistence Allowance?
4. Who can be the management representative?

Thanks in advance for your valuable information and feedback.

Thanks,
Nishi

Hi Nishi,

Look, dear, first, a formal meeting should be arranged as soon as possible with necessary investigation. It should be carried out promptly by the supervisor or appoint a person to carefully investigate this misconduct and how it came about.

Talk to their supervisor and other co-workers, and investigate both the workers. When the truth comes to light, take the necessary action.

The employee should be notified in writing of any disciplinary case, and when it will be held, allowing enough time for the employee to prepare their response.

In brief, you should:

• deal with issues promptly and with minimal delays

• act consistently

• investigate to establish the facts and only proceed to disciplinary action if appropriate

• inform employees about any problem and allow them to respond before decisions are made

• allow employees to be accompanied at any formal disciplinary or grievance meeting

• allow the employee to appeal against any formal decision

I have enclosed the DISCIPLINARY ACTION NOTICE or letter format for you.

Dear Nishi,

It is really impossible to advise you on all the processes and fine points involved in conducting a Domestic Enquiry. The attached format may be of some use to you, but then you will require continuous guidance at each step, since you are (perhaps??) doing it for the first time.

This being a serious matter which will have legal implications/repercussions at a later stage, it will be best to engage an experienced person, maybe a lawyer, to conduct the Enquiry in the capacity of the Enquiry Officer.

For any further advice, please feel free to contact me on my mobile: 09717726667.

Best Wishes,

Vasant Nair HR Advisor Karma - HR

Dear Nishi,

Please read and understand the attached formats. These will surely help you, but conducting a Domestic Enquiry is a serious matter with legal implications/manifestations at a later stage, especially after you decide to dismiss the workman. It would be best to appoint an advocate or an experienced person as the EO and then proceed. You could perhaps play the role of the Management Representative.

Best Wishes,
Vasant Nair
HR Advisor - Karma HR

Dear Nishi,

Attached are the procedures for the Enquiry. This document addresses all of your queries and will be very useful to you.

Regards,
David

If you believe the incident is true, then:

(1) Issue him a charge sheet narrating the incident in detail in the language understood by him and call for his explanation.

(2) Even though the delinquent admits his guilt in his written explanation or has not sent any explanation within the stipulated time, constitute and conduct the domestic enquiry. For this purpose, send him the notice of hearing, etc., giving ample opportunity to participate in the enquiry.

(3) If the employee is suspended pending enquiry, then Subsistence Allowance has to be paid as per the law.

(4) On completion of the domestic enquiry, send him the enquiry officer's findings and call for his comments.

(5) Finally, issue him the order, which should be proportionate to charges provided the charges are proved beyond doubt in the enquiry.

Hi,

Please find the seminar report on Disciplinary proceedings that I recently attended.

Regards,
Soja

Hi friends,

I am AE, recently joined a reputed private organization. I got this job through campus placement. However, for my senior, it is the third company based on experience. I was sent to the site office from the design office without my consent. I cannot tolerate the behavior of my senior; he is unprofessional. We are treated like laborers (please ignore this line if it is offensive). I am scolded in front of my juniors and other seniors, even from different disciplines. As we stay in the guest house together, he intrudes into our personal space. For instance, he stands in front of us when we wake up and starts saying, "Why do you sleep so much?" He also nitpicks on many trivial matters. I am assigned tasks, but he assumes I cannot handle them and starts pointing out negative aspects of my work.

His continuous mental torture is becoming unbearable. I feel mentally depressed and demotivated solely because of him.

Please suggest a solution on how to face him, and I would like to request a transfer back to the design office.

I am in need of good guidance. Kindly provide me with strong evidence like contacting the Human Rights Commission.

Could you also guide me on how to draft a letter to the management and HR regarding this issue?

My email ID is sheikquadir.in@gmail.com.

Cases for Issuing a Charge Sheet

A charge sheet can be issued in cases involving serious misconduct or violations of company policies. This includes incidents such as physical altercations, theft, fraud, or any behavior that severely disrupts workplace harmony or safety. It is important to follow the company's disciplinary procedures and ensure that all actions are documented and justified.

Issuing a Charge Sheet

A charge sheet can be issued when there is an allegation of a breach of one or more listed misconducts by the employee concerned.