Hi, I am Rajesh working as Sr. Executive What should I do If a workman denies to take chargesheet issued against him for major misconduct?
From India, Hyderabad
From India, Hyderabad
Hi Rajesh,
Denying the communication from the copmany also amount another misconduct.
Counsel the workman that he is not doing right thing and which may go further agasint him. Explain him that denying the communication will create him further problems.
Still he does not accept the chargesheet, ammend the chargesheet adding the clause of denial of communication and add this also as a misconduct. Once you do the same, send the chargesheet at his residance by registered A/d, UPC and Courier to ensure the delivery.
One copy of the chargesheet can be displayed at Notice Board.
Regards,
From India, Pune
124Denying the communication from the copmany also amount another misconduct.
Counsel the workman that he is not doing right thing and which may go further agasint him. Explain him that denying the communication will create him further problems.
Still he does not accept the chargesheet, ammend the chargesheet adding the clause of denial of communication and add this also as a misconduct. Once you do the same, send the chargesheet at his residance by registered A/d, UPC and Courier to ensure the delivery.
One copy of the chargesheet can be displayed at Notice Board.
Regards,
From India, Pune
You can send the charge sheet by speed post AD or Registered Post AD so that that you have a proof of sending.
Kindly note that the UPC services have been discontinued by the Postal Authorities.
In case he refuses to accept the same from the Postman, you would get the packet returned with the same remarks from the Postal Department.
This can be used as evidence in judicial proceedings.
From India, New Delhi
Kindly note that the UPC services have been discontinued by the Postal Authorities.
In case he refuses to accept the same from the Postman, you would get the packet returned with the same remarks from the Postal Department.
This can be used as evidence in judicial proceedings.
From India, New Delhi
Dear Raj,
I totally agree with Avika. Only thing i want to add here is that when you proceed further in such type of matters you need to be extra cautious as just a small error can get your enquiry vitiated. Give him sufficient time to pursue his case and do not proceed hastily in such type of matters. Record every proceeding conducted in the enquiry. if possible take the signatures of a fellow workman of the concerned employee as witness if the chargesheeted employee doesn't participate or co-operate in the enquiry. Before finalizing the enquiry report please do send the draft report and recommendation to the employee for his comments. If he does not respond or his comments found unsatisfactory, inform the employee about the same through mail and then only finalize it.
Our Labour Courts are biased towards workmen and they need only one thing to strike out the management defenses. Don't give them that chance.
From India, New Delhi
I totally agree with Avika. Only thing i want to add here is that when you proceed further in such type of matters you need to be extra cautious as just a small error can get your enquiry vitiated. Give him sufficient time to pursue his case and do not proceed hastily in such type of matters. Record every proceeding conducted in the enquiry. if possible take the signatures of a fellow workman of the concerned employee as witness if the chargesheeted employee doesn't participate or co-operate in the enquiry. Before finalizing the enquiry report please do send the draft report and recommendation to the employee for his comments. If he does not respond or his comments found unsatisfactory, inform the employee about the same through mail and then only finalize it.
Our Labour Courts are biased towards workmen and they need only one thing to strike out the management defenses. Don't give them that chance.
From India, New Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Law on Workman.pdf
Workman Pay Scales.xls