Can an employee be terminated if he does not attend enquiry made by hr. In this connection this should also be noted already cases against the employer are running in labour court.
From India, Kanpur
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1From India, Kanpur
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You cannot terminate the employee for not attending the inquiry. Inquiry findings will be closed as ex parte. However, you must send a second show cause notice with the inquiry findings to that employee, asking for the reason why you should not take disciplinary action against them.
If the reply is not satisfactory, you can take action against that employee. Check what your standing orders say about imposing the punishment and follow that.
From India, Chennai
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If the reply is not satisfactory, you can take action against that employee. Check what your standing orders say about imposing the punishment and follow that.
From India, Chennai
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Employee Termination and HR Inquiry
Your Query: "Can an employee be terminated if he does not attend an inquiry made by HR? In this connection, it should also be noted that cases against the employer are already running in the labor court." Posted 15th March 2015.
Position on Termination Without Inquiry
Without holding a proper Internal Inquiry/Domestic Inquiry, the services of employees should not be terminated. Furthermore, the said inquiry should be conducted in accordance with the Principles of Natural Justice and the procedures laid down by the Apex Judiciary in this regard from time to time.
The certified Standing Orders and/or the codified Service Rules framed in line with the Shops & Establishments Act and applicable to the concerned Undertakings/Establishments outline/contain Disciplinary Action and step-by-step procedures to be followed.
Ex-parte Inquiry Proceedings
Furthermore, in the event the Charge-sheeted/Delinquent Employee "abstains" from attending the inquiry about which he/she has been adequately intimated or "boycotts" it, the Inquiry Officer or the Inquiry Committee (duly appointed by the Punishing Authority for the purpose of conducting the inquiry and submitting an Inquiry Report) can legally/legitimately "hold the Inquiry Ex-parte".
Subsequently, only based on the Findings submitted by the Inquiry Officer/Inquiry Committee, the Punishing Authority can "terminate" his/her service (discharging from the Muster Roll) and inform the concerned employee by a letter sent by Registered Post at his/her local & home addresses.
Please seek any more data if required.
Regards, Kritarth Consulting Team
27th April 2015
From India, Delhi
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Your Query: "Can an employee be terminated if he does not attend an inquiry made by HR? In this connection, it should also be noted that cases against the employer are already running in the labor court." Posted 15th March 2015.
Position on Termination Without Inquiry
Without holding a proper Internal Inquiry/Domestic Inquiry, the services of employees should not be terminated. Furthermore, the said inquiry should be conducted in accordance with the Principles of Natural Justice and the procedures laid down by the Apex Judiciary in this regard from time to time.
The certified Standing Orders and/or the codified Service Rules framed in line with the Shops & Establishments Act and applicable to the concerned Undertakings/Establishments outline/contain Disciplinary Action and step-by-step procedures to be followed.
Ex-parte Inquiry Proceedings
Furthermore, in the event the Charge-sheeted/Delinquent Employee "abstains" from attending the inquiry about which he/she has been adequately intimated or "boycotts" it, the Inquiry Officer or the Inquiry Committee (duly appointed by the Punishing Authority for the purpose of conducting the inquiry and submitting an Inquiry Report) can legally/legitimately "hold the Inquiry Ex-parte".
Subsequently, only based on the Findings submitted by the Inquiry Officer/Inquiry Committee, the Punishing Authority can "terminate" his/her service (discharging from the Muster Roll) and inform the concerned employee by a letter sent by Registered Post at his/her local & home addresses.
Please seek any more data if required.
Regards, Kritarth Consulting Team
27th April 2015
From India, Delhi
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