diciplinary action
Rajesh
(Querist) 09 October 2010
This query is : Resolved
1.How to take diciplinary action against delequent employees/workman?
2. Who can be Enquery Officer in departmental enqueires of company's employees/ workman?
3. Who can be represent to the management as its representative?
Raj Kumar Makkad
(Expert) 09 October 2010
1. Disciplinary action should be initiated as per agreed terms and conditions/bye-laws of the institution by suspending such employee, if it is necessary to do so and then to issue a charge-sheet, then enquiry, then second-show cause notice and then final order.
2. Presenting Officer, who may be either legal practitioner or the member of management/staff.
Amita Chaudhary
(Expert) 09 October 2010
well the enquiry officer has to be someone who is senior to the person charged from the department...
Kirti Kar Tripathi
(Expert) 09 October 2010
In an industrial establishment generally there are two types of employees. one who are workmen and another, who are not workman. so for as workman are concerned, in case, the Industrial Employment(Standing Orders) Act is applicable, if the establishment has its own standing orders, the procedure of disciplinary proceedings is usually laid down, thus the compliance of these provisions are mandatory, in case, it has no standing orders of its own, modal standing order issued by the concerned state government under the said Act are applicable and complaice of provisions modal standing orders are necessary in this regard. In case, the establishment is not covered by said act, the disciplinary proceedings should be conducted strictly in accordance with principles of natural justice. In disciplinary proceedings the following requirements are mandatory.
a. issue of charge sheet mentioning the specifics charges leveled against the delinquent employee and asking of his explanation
b. consideration of explanation and institution of domestic inquiry, if explanation is found unsatisfactory by the disciplinary authority.
c. appointment of enquirer officer, who can be any officer of the establishment higher then the status of delinquent employees, if the standing order provide any authority, than the same authority. Establishment can appoint any other person, who even outsider, the only requirement is that the enquiry officer should be unbiased person.
d. proper representation to delinquent employee in the inquiry.
e. proper opportunity to the parties in proving charges and rebutting the same.
f. submitting of report based on material arrived during the enquiry with reasons and findings.
g. issue of show cause mentioning the proposed punishment along with report of enquiry officer and asking of reply.
h. consideration of reply.
i. final order, passed thereon.
in case, the employee is not workman, the disciplinary proceeding should be conducted in accordance with principles of natural justice. if there exist and contract of service, the provisions of the said contract must be followed.
So far as, management representative is concerned, any person of establishment can be management representative. but it should be senior to the delinquent employee. Normally an outsider should not be appointed as management Representative, though there is no bar. in case, management appoint any outsider, the delinquent employee can also seek assistance of outsider and for proper inquiry, it is incumbent upon the inquiry officer to provide the same to him.
aman kumar
(Expert) 15 October 2010
issue of charge sheet mentioning the specifics charges.consideration of explanation and institution of domestic inquiry, if explanation is found unsatisfactory by the disciplinary authority.
appointment of enquirer officer, who can be any officer of the establishment higher then the status of delinquent employees, if the standing order provide any authority, than the same authority. Establishment can appoint any other person, who even outsider, the only requirement is that the enquiry officer should be unbiased person.
