One of our outsourced manpower (working at our client site) has been issued a show-cause notice twice for absenteeism, rude behavior towards seniors, and being intoxicated while on duty. We have sent him a departmental inquiry notice but have been unable to conduct the inquiry. Can we terminate his duties?
Thank you.
From India, Mumbai
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Thank you.
From India, Mumbai
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Domestic Enquiry and Disciplinary Proceedings
Holding a domestic enquiry into the charges against the delinquent employee is an important and inevitable aspect of disciplinary proceedings in line with the Principles of Natural Justice. Therefore, it cannot be skipped, especially when the charges are grave in nature, warranting the maximum penalty of dismissal.
Exceptions to the Rule
However, there can be exceptions to the above rule. Under certain circumstances, the continuation of the enquiry proceedings may not be required in the interest of justice and fair play, and it could even be waived in judicial scrutiny based on the merits of the case. Such rare circumstances are:
(1) Continuation of the enquiry proceedings even after the retirement of the employee and a prolonged period of suspension.
(2) Prevalence of certain extraordinary circumstances at the material time, such as commotion due to a strike or lockout or other kinds of work stoppage, serious charges of intimidation or assault of other employees like a co-worker or officer, which require the examination of witnesses who are prevented from or threatened to do so by the charge-sheeted employee, resulting in a reasonably impossible situation to hold the enquiry in a peaceful manner.
(3) Unequivocal admission of guilt by the delinquent at the pre-enquiry stage itself.
But, you have not provided such reasons for your inability to conduct the enquiry despite the issuance of notice.
Therefore, under the limited circumstances cryptically mentioned in your post, you cannot directly terminate the charge-sheeted employee simply by skipping the phase of a domestic enquiry.
Furthermore, since he is only an outsourced employee, as the principal employer, you don't have the locus standi to initiate any disciplinary action against him. You can ask the contractor to replace him immediately with a substitute.
From India, Salem
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6108Holding a domestic enquiry into the charges against the delinquent employee is an important and inevitable aspect of disciplinary proceedings in line with the Principles of Natural Justice. Therefore, it cannot be skipped, especially when the charges are grave in nature, warranting the maximum penalty of dismissal.
Exceptions to the Rule
However, there can be exceptions to the above rule. Under certain circumstances, the continuation of the enquiry proceedings may not be required in the interest of justice and fair play, and it could even be waived in judicial scrutiny based on the merits of the case. Such rare circumstances are:
(1) Continuation of the enquiry proceedings even after the retirement of the employee and a prolonged period of suspension.
(2) Prevalence of certain extraordinary circumstances at the material time, such as commotion due to a strike or lockout or other kinds of work stoppage, serious charges of intimidation or assault of other employees like a co-worker or officer, which require the examination of witnesses who are prevented from or threatened to do so by the charge-sheeted employee, resulting in a reasonably impossible situation to hold the enquiry in a peaceful manner.
(3) Unequivocal admission of guilt by the delinquent at the pre-enquiry stage itself.
But, you have not provided such reasons for your inability to conduct the enquiry despite the issuance of notice.
Therefore, under the limited circumstances cryptically mentioned in your post, you cannot directly terminate the charge-sheeted employee simply by skipping the phase of a domestic enquiry.
Furthermore, since he is only an outsourced employee, as the principal employer, you don't have the locus standi to initiate any disciplinary action against him. You can ask the contractor to replace him immediately with a substitute.
From India, Salem
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Dear Sandeep, Has the employee accepted the charges in his explanation ?, If he has accepted, then no need to conduct formal domestic enquiy. - S. K. Mittal 9319956443
From India, Faridabad
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From India, Faridabad
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Handling Contractor Employee Issues
The person concerned is not your employee. Kindly ask his contractor to have him changed immediately from the position to avoid further issues at the client location.
Legal Actions and Contract Review
PE will not be able to initiate legal action against contractor employees. It is best to review the contract between PE and the contractor regarding the replacement of troublesome employees.
From India, Pune
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The person concerned is not your employee. Kindly ask his contractor to have him changed immediately from the position to avoid further issues at the client location.
Legal Actions and Contract Review
PE will not be able to initiate legal action against contractor employees. It is best to review the contract between PE and the contractor regarding the replacement of troublesome employees.
From India, Pune
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