Hi all,

I need a checklist on termination, dismissal, removal, and suspension processes. I need it for my boss to easily understand the law and consequences. Can anybody help me, please?

Thanks,
Dipti

From India, Mumbai
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Dear Friend,

Please find the attached file, which will be useful to you to some extent in dealing with disciplinary actions against your employees who are alleged to have committed misconduct as per the standing orders/service rules of your company, as the case may be.

From India, Hyderabad
Attached Files (Download Requires Membership)
File Type: doc Guide lines for taking dsciplinary action.doc (36.5 KB, 845 views)

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Hi Dipti,

These are not the general legal formats; they have to be defined and vetted according to the company, industry, and location specifically. Hence, I personally advise you not to use these sample formats without vetting as per the said criteria.

Thanks & Regards,

Sanjeev Kumar Baliyan
Advocate & Consultant
Noida
Email: sanjeev.baliyan@clairvoyants.co.in
Mobile: 9971589511

From India, Pune
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CiteHR Human Resource Management Community Knowledgebase - View Profile: sanjubaliyan@gmail.com

I know this is risky, but we can provide a checklist mode. Please help.

From India, Mumbai
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Dipti,

Though all these separation processes appear to be more or less similar, each circumstance differs from the others. Before getting into details, you should tell us about your establishment. Are you a factory, industry, IT/ITes, shop, institution, or what, and how many of you are employed there? Do you have your certified Standing Order in place? If yes, what does it say about these criteria, and if you don't have it, what guidelines/rules are being followed now, and what clauses form part of your appointment orders regarding these circumstances? And why do you feel the need to have it in place now?

From India, Bangalore
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If your institution is a state government-aided entity, you have to follow what has been provided under the Conduct and Discipline Rules applicable for staff of Aided Schools/Institutions issued by the state government. All your actions should be routed through the competent BEO/DEO of the state education department.

Contrarily, if yours is an unaided institution, then you should start from the terms and conditions of the appointment orders issued by your institution to your staff. If nothing is stated therein, you should frame your own Conduct and Discipline Rules applicable for teaching and non-teaching staff to ensure natural justice. Since you have to cover teaching and non-teaching staff, your rules should contain clauses applicable to each category. I will draft an approach note on this and upload it shortly. Before that, you should try to obtain a copy of such a rule being followed in institutions well-established in your area similar to yours, which will be useful.

BR

From India, Bangalore
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thanks a lot for your kind consideration ,but i suppose coaching industry are diffrent from school but i need for both .even i am doing reserch. lets hope for the best .thanks again Mr.Kumar
From India, Mumbai
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Hi Dipti,

Please go through Section 150B under the Industrial Dispute Act. It will provide you with guidelines for termination from work as well as conditions.

Secondly, for suspension, refer to Section 10A under the Industrial Employment (Standing Orders) Act, 1946.

For dismissal, you can refer to Section 2A of the Industrial Dispute Act.

Finally, you have to review the acts and determine their applicability, as well as prepare your checklist based on the prescribed sections and requirements.

From Taiwan,
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I don't think there is much of a difference between a coaching institution and a school/college; the profession being one and the same. However, yours cannot be considered as an industry at par with an industrial undertaking since the nature and government rules applicable are different. For your research purposes, of course, you can make the comparison. Best regards.
From India, Bangalore
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