I would like to discuss one issue. We will be terminating a permanent worker as he got into a fight with another worker inside the factory premises. Firstly, we received a written complaint against him from the other worker involved in the altercation. Immediately, we took action and issued a show cause notice to the worker in question. He provided his written response to us, but in the meantime, we gathered statements from witnesses and conducted a background check related to this issue. We also have CCTV footage of the incident.
For the past few days, we have suspended the worker. After completing this investigation and collecting evidence, if we decide to terminate the worker, have we followed the correct procedure? Could he challenge our decision in labor court? Would we be required to provide any compensation to him if he chooses to do so?
Regards,
Madhura Parab
From India
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12For the past few days, we have suspended the worker. After completing this investigation and collecting evidence, if we decide to terminate the worker, have we followed the correct procedure? Could he challenge our decision in labor court? Would we be required to provide any compensation to him if he chooses to do so?
Regards,
Madhura Parab
From India
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Dear Madhura,
Have you issued a suspension pending inquiry to the workman? In that case, has the charge sheet been issued or not? If it is a suspension pending inquiry, you are required to pay the subsistence allowance at 50% wages for the first 90 days, 75% for the next 90 days, and 100% wages thereafter, as per the provisions of the Standing Orders Act. You have to conduct a proper and fair inquiry wherein the workman should be allowed full participation with a representative of his choice. After completion of the inquiry, please issue a copy of the findings of the inquiry officer to the workman for his comments. Thereafter, examine his past record. However, if the misconduct is grave, serious, and reasonably proved in the inquiry, then you can issue a termination/dismissal letter.
As for the reversal of your decision by the labor court, one can advise only after examining all the documents. You have to ensure that the misconduct is proved in the inquiry by sufficient evidence.
Regards
From India, Pune
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Have you issued a suspension pending inquiry to the workman? In that case, has the charge sheet been issued or not? If it is a suspension pending inquiry, you are required to pay the subsistence allowance at 50% wages for the first 90 days, 75% for the next 90 days, and 100% wages thereafter, as per the provisions of the Standing Orders Act. You have to conduct a proper and fair inquiry wherein the workman should be allowed full participation with a representative of his choice. After completion of the inquiry, please issue a copy of the findings of the inquiry officer to the workman for his comments. Thereafter, examine his past record. However, if the misconduct is grave, serious, and reasonably proved in the inquiry, then you can issue a termination/dismissal letter.
As for the reversal of your decision by the labor court, one can advise only after examining all the documents. You have to ensure that the misconduct is proved in the inquiry by sufficient evidence.
Regards
From India, Pune
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