Could anyone provide input on the necessary steps to be taken for the termination of a "Protected Workman" on account of misconduct? Is there any difference in approaching these situations compared to the termination of other employees on account of misconduct?
Regards,
Mahesh
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From India, Mangaluru
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1Regards,
Mahesh
[Phone Number Removed For Privacy Reasons]
From India, Mangaluru
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Dear Mr. Mahesh, Industrial Disputes Act covered these provisions. You may go through and related case laws and this will provide to good understanding.
From India, Hyderabad
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From India, Hyderabad
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Termination or Transfer Approval Process
The Act also provides that termination or transfer can be made after taking approval from the conciliation machinery under whom the dispute is being heard.
Challenges in Convincing the Conciliation Machinery
How tough it is to convince the conciliation machinery when an ID case is pending in courts is known to the HR community. Only genuine cases are tried for misconduct. Enquiries with loopholes lack credibility.
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From India, Chennai
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The Act also provides that termination or transfer can be made after taking approval from the conciliation machinery under whom the dispute is being heard.
Challenges in Convincing the Conciliation Machinery
How tough it is to convince the conciliation machinery when an ID case is pending in courts is known to the HR community. Only genuine cases are tried for misconduct. Enquiries with loopholes lack credibility.
[Phone Number Removed For Privacy-Reasons]
From India, Chennai
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Termination of Protected Workmen for Misconduct
There is no legal complication in terminating a protected workman for charges of misconduct, provided the charges are proved in the inquiry.
It can be easy for management to engage in corruption within the labor department. Management might manipulate the inquiry for misconduct by presenting false evidence or witnesses through mere oral submissions or statements. The inquiry must be proven beyond a reasonable doubt with concrete evidence, and the employee should be given the opportunity for cross-examination.
There are many instances where employers must substantiate charges beyond a reasonable doubt.
[Phone Number Removed For Privacy-Reasons]
From India, Chennai
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There is no legal complication in terminating a protected workman for charges of misconduct, provided the charges are proved in the inquiry.
It can be easy for management to engage in corruption within the labor department. Management might manipulate the inquiry for misconduct by presenting false evidence or witnesses through mere oral submissions or statements. The inquiry must be proven beyond a reasonable doubt with concrete evidence, and the employee should be given the opportunity for cross-examination.
There are many instances where employers must substantiate charges beyond a reasonable doubt.
[Phone Number Removed For Privacy-Reasons]
From India, Chennai
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RS - Amendment in Inter State Migrant Workmen Act 1979 - (1.12.2010).pdf
Termination letter.doc