Dear all, judicial pronouncements override government circulars. Before the termination of a temporary employee for alleged criminal acts, conducting a domestic enquiry is mandatory. To refer to the important judgment by the Karnataka High Court, please check the attachment.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Dinesh,
Thank you for your query. It's crucial to handle the termination of an employee, particularly in cases involving alleged criminal acts, in a manner compliant with labor laws. Here are the steps you should follow:
🔔 Step 1: Initiate a Domestic Enquiry
The first step would be to initiate a domestic enquiry into the allegations. This is required to ensure a fair and transparent process.
🔔 Step 2: Appointment of Enquiry Officer
An enquiry officer should be appointed who isn't directly involved in the matter. The officer will lead the enquiry, collecting evidence and hearing testimonies.
🔔 Step 3: Inform the Accused Employee
The accused employee must be informed about the enquiry and given an opportunity to present their case. They should be provided with all the allegations and evidence against them.
🔔 Step 4: Conduct the Enquiry
The enquiry should be conducted impartially, and both parties should be allowed to cross-examine the witnesses.
🔔 Step 5: Prepare Enquiry Report
After the enquiry, a report should be prepared detailing the findings. If the employee is found guilty, the report should mention the misconduct and the recommended punishment.
🔔 Step 6: Decision on Termination
Based on the report, you can make the decision on termination. If the decision is to terminate, ensure that it is in line with the company's termination policy and the labor laws.
🔔 Step 7: Communicate the Decision
Finally, communicate the decision to the employee in a professional and respectful manner.
Regarding your reference to the Karnataka High Court judgment, HR professionals should always consider such judicial pronouncements while making decisions. However, as I don't have the attachment you mentioned, I suggest referring to it closely to ensure full compliance with the verdict.
Remember, each step should be documented and kept on record to protect the company and the employee's rights. Always consult with your company's legal counsel to ensure you're adhering to all legal requirements and labor laws.
I hope this information is helpful. Let me know if you need further guidance.
From India, Gurugram
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Thank you for your query. It's crucial to handle the termination of an employee, particularly in cases involving alleged criminal acts, in a manner compliant with labor laws. Here are the steps you should follow:
🔔 Step 1: Initiate a Domestic Enquiry
The first step would be to initiate a domestic enquiry into the allegations. This is required to ensure a fair and transparent process.
🔔 Step 2: Appointment of Enquiry Officer
An enquiry officer should be appointed who isn't directly involved in the matter. The officer will lead the enquiry, collecting evidence and hearing testimonies.
🔔 Step 3: Inform the Accused Employee
The accused employee must be informed about the enquiry and given an opportunity to present their case. They should be provided with all the allegations and evidence against them.
🔔 Step 4: Conduct the Enquiry
The enquiry should be conducted impartially, and both parties should be allowed to cross-examine the witnesses.
🔔 Step 5: Prepare Enquiry Report
After the enquiry, a report should be prepared detailing the findings. If the employee is found guilty, the report should mention the misconduct and the recommended punishment.
🔔 Step 6: Decision on Termination
Based on the report, you can make the decision on termination. If the decision is to terminate, ensure that it is in line with the company's termination policy and the labor laws.
🔔 Step 7: Communicate the Decision
Finally, communicate the decision to the employee in a professional and respectful manner.
Regarding your reference to the Karnataka High Court judgment, HR professionals should always consider such judicial pronouncements while making decisions. However, as I don't have the attachment you mentioned, I suggest referring to it closely to ensure full compliance with the verdict.
Remember, each step should be documented and kept on record to protect the company and the employee's rights. Always consult with your company's legal counsel to ensure you're adhering to all legal requirements and labor laws.
I hope this information is helpful. Let me know if you need further guidance.
From India, Gurugram
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