I'm with Suri Babu Komakula. But I want to know what will be the place of domestic inquiry. Is it a company office or the place of incidence? If the place of incidence is the company office, then can the company bear the transportation charges of witnesses?
From India, Jind
From India, Jind
i m with suri komakula.but i want to know what will be the place of domastic inquari?is the place of incidence? or the place of the company office?
From India, Jind
From India, Jind
Generally, the place of inquiry is the company or organization's office. However, based on the circumstances of the case, the inquiry can be conducted anywhere according to the convenience of the Enquiry Officer. In such cases, the company or the firm has to incur transportation charges.
Suri Babu Komakula
From Canada, Calgary
Suri Babu Komakula
From Canada, Calgary
The company has the right to lay off workmen for valid and genuine reasons. However, if the number of workmen exceeds 100, government permission is necessary. The workman can challenge if he is laid off without following the provisions of the Industrial Disputes Act.
From India, Pune
From India, Pune
Hi,
I am a new member and I need some ideas on the points that need to be taken care of before we go ahead and terminate an employee. More importantly, I need some guidance as per the Labor Laws.
Regards,
Lakshmi
At the outset, please remember that termination is considered as the 'Capital Punishment' under Labor Laws. You do not hang a person without any strong reason. Hanging a person until death is only done in the rarest of rare cases. Similarly, termination is done only in the rarest of rare misconducts, and not as per the whims and fancies of HR or Management. Since you have not mentioned the reasons for the decision on termination (and also I would not prefer to go into it since your query is more of a generalist query), I would ask you to remember the following points as per the legal requirements:
<1> Conduct a fair Domestic Enquiry as per the 'Principles of Natural Justice'
<2> Ensure there is no bias or preconceived notions during the enquiry
<3> Fairness must be actually ensured and not merely exhibited
<4> If the employee is a 'Protected Employee', then go for a 'Permission Application'
<5> If any court case/conciliation is pending, then go for an 'Approval Application'
<6> 'Permission' or 'Approval' wherever required is not merely a 'Technical Requirement' but a 'Mandatory Legal Requirement'
<7> To the best possible extent, avoid a 'Termination Simplicitor'
You may revert for any further clarifications. But, always remember to put yourselves in the shoes of the workman whom you want to terminate and find out if the misconduct really warrants termination.
Take Care
B.R. Dayaram
From India, Bangalore
I am a new member and I need some ideas on the points that need to be taken care of before we go ahead and terminate an employee. More importantly, I need some guidance as per the Labor Laws.
Regards,
Lakshmi
At the outset, please remember that termination is considered as the 'Capital Punishment' under Labor Laws. You do not hang a person without any strong reason. Hanging a person until death is only done in the rarest of rare cases. Similarly, termination is done only in the rarest of rare misconducts, and not as per the whims and fancies of HR or Management. Since you have not mentioned the reasons for the decision on termination (and also I would not prefer to go into it since your query is more of a generalist query), I would ask you to remember the following points as per the legal requirements:
<1> Conduct a fair Domestic Enquiry as per the 'Principles of Natural Justice'
<2> Ensure there is no bias or preconceived notions during the enquiry
<3> Fairness must be actually ensured and not merely exhibited
<4> If the employee is a 'Protected Employee', then go for a 'Permission Application'
<5> If any court case/conciliation is pending, then go for an 'Approval Application'
<6> 'Permission' or 'Approval' wherever required is not merely a 'Technical Requirement' but a 'Mandatory Legal Requirement'
<7> To the best possible extent, avoid a 'Termination Simplicitor'
You may revert for any further clarifications. But, always remember to put yourselves in the shoes of the workman whom you want to terminate and find out if the misconduct really warrants termination.
Take Care
B.R. Dayaram
From India, Bangalore
Hi, All my Senior, What is the minimum cryteria of retrenchment. With Regards Ashi Agarwal
From India, Meerut
From India, Meerut
Retrenchment is a process to weed out the employees or to cut down the cadre strength on account of a layoff declared by the management to avoid an economic crisis. This would also be taken up to reduce expenditure on establishment to economize the institution as a fiscal policy.
Thank you for your attention to this matter.
From Canada, Calgary
Thank you for your attention to this matter.
From Canada, Calgary
Retrenchment should be carried out in accordance with the provisions of the Industrial Disputes Act and for valid reasons. If the total workforce exceeds 100 workmen, government permission is required. Retrenchment should be categorized based on specific criteria.
Adv. Savant
9011075672
From India, Pune
Adv. Savant
9011075672
From India, Pune
Dear Sir,
In the domestic inquiry, the accuser is not attending any inquiry, i.e., from 3 to 4. Only HR and the charged sheeted person (CSE) are attending the inquiry in front of the inquiry officer. Is it right to continue the inquiry? If not, then is it right to call the CSE again and again to attend the inquiry or provide his findings.
Thanks with regards,
Sanjay Thakur
From India, Jind
In the domestic inquiry, the accuser is not attending any inquiry, i.e., from 3 to 4. Only HR and the charged sheeted person (CSE) are attending the inquiry in front of the inquiry officer. Is it right to continue the inquiry? If not, then is it right to call the CSE again and again to attend the inquiry or provide his findings.
Thanks with regards,
Sanjay Thakur
From India, Jind
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