First you suspend them for pending inquiry. The rules for the domestic enquiry is principal of natural justice to be followed. Thumb rule is
1. Issue show cause notice give them reasonable time to reply. ( this can be simultaneously with suspension)
2. Arrange a advocate to conduct the enquiry. This should be conducted in the office premises during office hours.
3. Pay them subsistence allowance.
4. The enquiry officer has to record the evidence and give the reasonable opportunity to charge sheeted employees to represent the case.
5. No advocate is allowed to represent on either side.
6. The enquiry officer should not give any verdict or findings. He has to submit the report and the management to decide the quantam of punishment.
M S Viswanathan
Senior Manager Legal & Administration
Scientific Publishing Services (p) Ltd
Chennai.
From India, Chennai
11. Issue show cause notice give them reasonable time to reply. ( this can be simultaneously with suspension)
2. Arrange a advocate to conduct the enquiry. This should be conducted in the office premises during office hours.
3. Pay them subsistence allowance.
4. The enquiry officer has to record the evidence and give the reasonable opportunity to charge sheeted employees to represent the case.
5. No advocate is allowed to represent on either side.
6. The enquiry officer should not give any verdict or findings. He has to submit the report and the management to decide the quantam of punishment.
M S Viswanathan
Senior Manager Legal & Administration
Scientific Publishing Services (p) Ltd
Chennai.
From India, Chennai
Dear Frnd,
It is not so much critical, it happen sometimes in manufacturing co. where unskilled, semiskilled or skilled persons are employed but now depend on you, how u are capable to manage or minimize the dispute but you should not take any legal action in first (if it's first time) but u may penalize them for some circumstances.
Regards
Satyendra
From India, Delhi
It is not so much critical, it happen sometimes in manufacturing co. where unskilled, semiskilled or skilled persons are employed but now depend on you, how u are capable to manage or minimize the dispute but you should not take any legal action in first (if it's first time) but u may penalize them for some circumstances.
Regards
Satyendra
From India, Delhi
First you can conduct premilinary enquiry and try to find our the facts.
Get the written complint from the Incharge of the particular department and if possible get signature from witness also. The compliant should be very clear and detail of the incident.
Discuss with your higher authority whether the management is ready to take disciplinery action against such workers.
If management shows green signal you can go ahead giving order of suspense pending enquirey if such acts were very gravious. (ensure that you have to pay subsistance allowance for the suspending period as per law ).
If the incident is not so serious one you can serve them show cause notice clearly mentioning their violation and finally ask them to submit their reply within three days from the date of reciving show cause notice.
If you are satisfied with the reply you can go with minor punishments like suspending them for few days, imposing fines as per payment of wages act, serving warning notice etc., after conducting Domestic Enquiry.(follow the natural justice).Better have a lawer to conduct enquiry.
By doing all the actions you can show to your labour force that you are strict taking actions to maintain peaceful running of the industry and culprit will be punished at anycost.
From India, Bhavani
Get the written complint from the Incharge of the particular department and if possible get signature from witness also. The compliant should be very clear and detail of the incident.
Discuss with your higher authority whether the management is ready to take disciplinery action against such workers.
If management shows green signal you can go ahead giving order of suspense pending enquirey if such acts were very gravious. (ensure that you have to pay subsistance allowance for the suspending period as per law ).
If the incident is not so serious one you can serve them show cause notice clearly mentioning their violation and finally ask them to submit their reply within three days from the date of reciving show cause notice.
If you are satisfied with the reply you can go with minor punishments like suspending them for few days, imposing fines as per payment of wages act, serving warning notice etc., after conducting Domestic Enquiry.(follow the natural justice).Better have a lawer to conduct enquiry.
By doing all the actions you can show to your labour force that you are strict taking actions to maintain peaceful running of the industry and culprit will be punished at anycost.
From India, Bhavani
Absolutely right. Only if you dont mind, it is a Charge Sheet that needs to issued to the workmen alongwith their suspension order or even later.
Rest of the actions as per your advice is the correct way of addressing the issue at hand.
Best Wishes,
Vasant Nair
From India, Mumbai
Rest of the actions as per your advice is the correct way of addressing the issue at hand.
Best Wishes,
Vasant Nair
From India, Mumbai
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.
RS - Amendment in Inter State Migrant Workmen Act 1979 - (1.12.2010).pdf