Termination,dissmisal,removal And Suspension - DOC Download

HI TO ALL,
I NEED ONE CHECK LIST ON TERMINATION ,DISMISSAL, REMOVAL AND SUSPENSION PROCESS. I NEED IT FOR MY BOSS TO EASILY UNDERSTAND THE LAW AND CONCEQUANCE..... CAN AN BODY HELP ME PLS.
THANKS DIPTI

Dear Friend,
Pl find attached file which will be useful to you some extend in dealing with disciplinary actions against your employees who are alleged to be committed misconduct as per standing orders / service rules of your company as the case may be.

Hi Dipti,
These are not the general legal formats, these have to be defined and vetted according to Company, industry and location specifically. Hence, I personally advise you not use these sample formats without vetting as per the said criteria.
Thanks & Regards
Sanjeev Kumar Baliyan
Advocate & Consultant
Noida
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Mobile: 9971589511

CiteHR Human Resource Management Community Knowledgebase - View Profile: sanjubaliyan@gmail.com i know this is risky but we can give checklist mode so pls help

Dipti,
Though all these separation processes appear cousins to be more or less similar, each circumstances differs from others. Before getting into details you should tell us about your establishment. Are you factory, industry, IT/ITes,shop, institution or what and how many of you employed there. Do you have your certified Standing Order in place, if yes, what it says about these criteria, and if you don't have what guidelines/rules being followed now and what clauses forms part of your apptt.orders about these circumstances. And why you felt the need of having in place now ?

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If your institution is a state govt.aided entity you have to follow what has been provided under the Conduct, Discipline Rules applicable for staff of Aided Schools/Institutions issued by the state govt. And all your actions should be routed through the competent BEO/DEO of state education dept.

Contrarily, if your's is an unaided institution, then you should commence from the terms & conditions of the apptt.orders issued by your institution to your staff. If nothing is stated therein, you should frame your own Conduct, Discipline Rules applicable for teaching & non-teaching staff so as to render natural justice. Since you have to cover teaching, non-teaching staff, your Rules should contain clauses applicable to each category. I shall make out an approach note on this and upload it shortly. Before that you should try to obtain a copy of such a rule being followed in institutions well established in your area similar to yours which will serve you handy.

BR

thanks a lot for your kind consideration ,but i suppose coaching industry are diffrent from school but i need for both .even i am doing reserch. lets hope for the best .thanks again Mr.Kumar

Hi Dipti
Please go through section Sec150B under industrial dispute act it will provide you the guideline for Termination from work as well as conditions.
Secondly for Suspension Sec 10A under Industrial Employment (Standing Orders) Act, 1946.
Again for dismissal you can prefer the Industrial dispute act Sec 2A.
finally you have to grow through the acts and find out the applicability of the acts as well as under the prescribed sections you can prepare your own checklist as per requirements.

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I don't think there is much of diff. between a coaching institution and a school/college profession being one and the same. However yours cannot be considered as an industry to be at par with an industrial undertaking since nature and govt. rules applicable etc. are diff. For your research purpose, ofcourse you can have the comparison.
BR