Please share with me some different Industrial Relations- IR issues in the manufacturing industry. Also, please tell me under which section show-cause notice has been issued.
From India, Kolhapur
3From India, Kolhapur
Hi Sachin,
There is no any specific section under which a 'Show Cause Notice' can be issued. however, you may refer the sections from The Industrial Standing Orders Act 1946 (Applicable Model Standing Orders) for the acts defined as 'misconduct' and ask the employees to reply against the misconduct he does.
Show cause is nothing but a letter to ask for the explanation about the misconduct which has alleged to any employee and the concerend employee has to submit his written explanation for such allegation. based on which further course of action should be decided.
Regards,
Atul S Malve
Manager- HR & Admin
From India, Sholapur
There is no any specific section under which a 'Show Cause Notice' can be issued. however, you may refer the sections from The Industrial Standing Orders Act 1946 (Applicable Model Standing Orders) for the acts defined as 'misconduct' and ask the employees to reply against the misconduct he does.
Show cause is nothing but a letter to ask for the explanation about the misconduct which has alleged to any employee and the concerend employee has to submit his written explanation for such allegation. based on which further course of action should be decided.
Regards,
Atul S Malve
Manager- HR & Admin
From India, Sholapur
Dear Mr. sachin,
IR issues are of utmost important in any organisation. It means the one to one relations that you as a representative of the management have with all the workmen. The workmen should necessarily have a sense of belonging to the organisation in order to give their best output. In return the co also needs to address their issues. This is possible by effective interaction. The management has to adopt firm and fair approach in dealing with these issues.
From India, Pune
IR issues are of utmost important in any organisation. It means the one to one relations that you as a representative of the management have with all the workmen. The workmen should necessarily have a sense of belonging to the organisation in order to give their best output. In return the co also needs to address their issues. This is possible by effective interaction. The management has to adopt firm and fair approach in dealing with these issues.
From India, Pune
Sub- IR issues- show cause notice.
There is a law governing the subject of disciplinary action in the form of Industrial Employment( Standing Orders) Act 1946. If your establishment is an industrial establishment employing 100 or more workmen(except in Maharastra where the Act becomes applicable in case of 50 mor more workmen), you will be covered by the Industrial Employment(Standing Orders) Act 1946.Each state frames model standing orders governing service conditions of workmen employed in the industrial establishments located in that state.The model standing orders provide for initiation of disciplinary action against a delinquent 'workman' and prscribes a procedure as to how to take adisciplinary action which involves serving a charge sheet or show cause notice.
However, the Standing Orders Act is not applicable to persons who are not 'workmen' within the meaning of Sec 2(s) of the Industrial Disputes Act 1947.Therefore if your establishment is not covered by the Standing orders Act or the delinquent employee is not a workman, you cannot invoke standing orders to take disciplinary action againsnt a delinquent employee.In such case, you need to frame conduct and discipline rules for the company or in the absence of it, you may have to incorporate relevant clauses in the letter of appointment,which thereby permit your company to take disciplinary action agaisnt him.
However an employer can not punish an employee for a misconduct by just an order. The principles of natural justice require an employer to hear the delinquent employee first before punishing him for the misconduct.In the absence of standing orders or srvice rules or relevant clauses in the letter of appointment, it is thus the principles of natural justice that require an employer to serve a show cause notice or charge-sheet on the delinquent putting him on notice of the allegations agaisnt him and inviting his explanation for the same.
Trust this will clarify the position
B.Saikumar
HR & Labour Law Consulatant
Chipinbiz Consultancy Pvt.Ltd.
Mumbai.
From India, Mumbai
There is a law governing the subject of disciplinary action in the form of Industrial Employment( Standing Orders) Act 1946. If your establishment is an industrial establishment employing 100 or more workmen(except in Maharastra where the Act becomes applicable in case of 50 mor more workmen), you will be covered by the Industrial Employment(Standing Orders) Act 1946.Each state frames model standing orders governing service conditions of workmen employed in the industrial establishments located in that state.The model standing orders provide for initiation of disciplinary action against a delinquent 'workman' and prscribes a procedure as to how to take adisciplinary action which involves serving a charge sheet or show cause notice.
However, the Standing Orders Act is not applicable to persons who are not 'workmen' within the meaning of Sec 2(s) of the Industrial Disputes Act 1947.Therefore if your establishment is not covered by the Standing orders Act or the delinquent employee is not a workman, you cannot invoke standing orders to take disciplinary action againsnt a delinquent employee.In such case, you need to frame conduct and discipline rules for the company or in the absence of it, you may have to incorporate relevant clauses in the letter of appointment,which thereby permit your company to take disciplinary action agaisnt him.
However an employer can not punish an employee for a misconduct by just an order. The principles of natural justice require an employer to hear the delinquent employee first before punishing him for the misconduct.In the absence of standing orders or srvice rules or relevant clauses in the letter of appointment, it is thus the principles of natural justice that require an employer to serve a show cause notice or charge-sheet on the delinquent putting him on notice of the allegations agaisnt him and inviting his explanation for the same.
Trust this will clarify the position
B.Saikumar
HR & Labour Law Consulatant
Chipinbiz Consultancy Pvt.Ltd.
Mumbai.
From India, Mumbai
Dear seniors Kindly tell me the procedure to make the payroll management & provide a format.
From India, Calcutta
From India, Calcutta
sub-IR issues -Showcause notice.
When an employee is alleged to have committed a misconduct, he cannot be terminated arbitrarily by the employer because the principles of natural justice impose an obligation on the employer to hear the employee and ascertain that he is guilty first before punishing him for his guilt. The principles of naturaljustice consist of the two basic principles namely ;
1)No one should be a judge in his own cause
2) An emeployee shall be heard first before any action is taken agaisnt him.
These principle of natural jutice are recognised by the courts of law and control the the whole field of dicsipline in the employment sector and therefore if any employer does not follow these principles and proceed to punish an employee either by way of inflicting any penalty or by way of dismissal, the courts may treat such action of the employer as punitive and quash it and may direct reinstatement of the employee in the service of teh company. Thus any such unilateral and arbitrary action may involve not only financial implications but also may cause lot of embarassment for the company.There are well defined procedures to be followed in respect of discuiplinary actions.
you may search google for material or e-books on the subject.
B.saikumar
HR& Labour Law consulatant
Chipinbiz Consulatancy Pvt.Ltd
Mumbai.
From India, Mumbai
When an employee is alleged to have committed a misconduct, he cannot be terminated arbitrarily by the employer because the principles of natural justice impose an obligation on the employer to hear the employee and ascertain that he is guilty first before punishing him for his guilt. The principles of naturaljustice consist of the two basic principles namely ;
1)No one should be a judge in his own cause
2) An emeployee shall be heard first before any action is taken agaisnt him.
These principle of natural jutice are recognised by the courts of law and control the the whole field of dicsipline in the employment sector and therefore if any employer does not follow these principles and proceed to punish an employee either by way of inflicting any penalty or by way of dismissal, the courts may treat such action of the employer as punitive and quash it and may direct reinstatement of the employee in the service of teh company. Thus any such unilateral and arbitrary action may involve not only financial implications but also may cause lot of embarassment for the company.There are well defined procedures to be followed in respect of discuiplinary actions.
you may search google for material or e-books on the subject.
B.saikumar
HR& Labour Law consulatant
Chipinbiz Consulatancy Pvt.Ltd
Mumbai.
From India, Mumbai
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