How many days after any event, the company can take some action. Whether it is theft or anything big crime
From India, Pune
From India, Pune
As soon as the Act of Misconduct committed is Reported or Brought to the Notice of Employer/Disciplining Authority. Team Kritarth, 4 Dec 2020, Bengaluru Assistance Centre
From India, Delhi
200From India, Delhi
Though there is no time limit, the action shall be initiated as soon as possible on it coming to notice. While delay in disciplinary action in cases like absenteeism or neglect of work or bad behaviour is not justified as the act of delinquency and the delinquent are apparent, acts like theft or fraud may require some time for investigation to find a prima facie evidence against an employee to charge him with theft as no body admits theft and to establish ownership of the property stolen etc. Similarly fraud might involve e inspection of documents to track money trail and examination of witnesses and may require some time. It is necessary to fix ascertain time limit to complete investigation initiated to avoid delay. Prolonged delays may allow chance to delinquent to tamper with evidence and mnaipulate witnesses.Hence the need for prompt action.
B.Saikumar
HR & Labour Relations Adviser
From India, Mumbai
B.Saikumar
HR & Labour Relations Adviser
From India, Mumbai
Delay in taking action without having justification can also give impression that management hand was also not clean.
Taking time to do the homework of getting evidence and verifying facts before taking action can be justified if there is a documentary trail.
While action should never be hasty, it should avoid being delayed unduly also.Aspect of condonation can also come into play.
From India, Pune
Taking time to do the homework of getting evidence and verifying facts before taking action can be justified if there is a documentary trail.
While action should never be hasty, it should avoid being delayed unduly also.Aspect of condonation can also come into play.
From India, Pune
Hi!
Disciplinary action must always have a prescription period relative to the validity of any action that can be taken against those who are alleged to be involved in the commission of any infraction. This to ensure that witnesses, documents, and/ facts will not be compromised over any deliberate delay in the investigation of the said case. This will also give due process to the accused employee to defend himself from any unfair allegation. Best timeline is 3 months for minor offenses and 6 months for serious offenses.
Best regards.
From Philippines, Parañaque
Disciplinary action must always have a prescription period relative to the validity of any action that can be taken against those who are alleged to be involved in the commission of any infraction. This to ensure that witnesses, documents, and/ facts will not be compromised over any deliberate delay in the investigation of the said case. This will also give due process to the accused employee to defend himself from any unfair allegation. Best timeline is 3 months for minor offenses and 6 months for serious offenses.
Best regards.
From Philippines, Parañaque
What Ed Llarena from Philippines stated is a valid point. But in India, under the labour laws, no such time limit is prescribed. Hence the disciplinary proceedings must be commenced as and when the same is brought to the notice of the concerned authorities. A final decision on the matter has to be taken without any influence by the concerned disciplinary authority as soon as either the guilt is admitted by the accused or the inquiry report is received, which ever is earlier.
A situation like fraud, etc might require time to very the documents and bring out the evidences. So as Nathrao said "Taking time to do the homework of getting evidence and verifying facts before taking action can be justified, " . But I do not agree with the last part of the sentence "if there is a documentary trail", as this is the responsibility of the presenting officer in an inquiry.
From India, Ernakulam
A situation like fraud, etc might require time to very the documents and bring out the evidences. So as Nathrao said "Taking time to do the homework of getting evidence and verifying facts before taking action can be justified, " . But I do not agree with the last part of the sentence "if there is a documentary trail", as this is the responsibility of the presenting officer in an inquiry.
From India, Ernakulam
Disciplinary proceedings must be initiated as soon as the indiscipline/misconduct is reported to the competent authority / deciding authority of the organization. But depending upon the gravity of misconduct, time taken for awarding punishment may vary - that too on the basis of enquiry proceedings.
From India, Aizawl
From India, Aizawl
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc