Hi, Is there is any option for an employee to keep his own lawyer, while a company conducts and internal enquiry regarding his/her misconduct?
From India, Chennai
Acknowledge(0)
Amend(0)
From India, Chennai
Acknowledge(0)Amend(0)
The principle of natural justice must be followed. Normally, the standing orders of the company provide a clause prohibiting any lawyer from appearing for management or for delinquent workmen. In the absence of any clause in the standing orders, if you allow a lawyer to represent the management, then you should give a similar chance to the delinquent workmen to be represented by their lawyer. Failing to do so will result in the entire inquiry proceedings being vitiated.
From India, Madras
Acknowledge(1)
Amend(0)
302From India, Madras
Acknowledge(1)Amend(0)
Generally, the employee is not entitled to take the service of a lawyer for his defense in disciplinary proceedings. However, the disciplinary authority can permit the employee to seek the assistance of a legal professional if the alleged misconduct involves legal issues, especially when the employer itself engages a lawyer to present its case.
From India, Kochi
Acknowledge(0)Amend(0)
From India, Kochi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Employee Appraisal Form new.doc