Respected All Seniors,
If any domestic enquiries will initiate against the delinquent employee for reason being whatsoever. Thus, in this matter an employee has right to representation in the enquiry by another or any union member? Please let me know the concept of the same. Because we did not make such point in our standing orders. It is, therefore, all are requested to provide us with apposite solution along with reference case.
From India, Chandigarh
If any domestic enquiries will initiate against the delinquent employee for reason being whatsoever. Thus, in this matter an employee has right to representation in the enquiry by another or any union member? Please let me know the concept of the same. Because we did not make such point in our standing orders. It is, therefore, all are requested to provide us with apposite solution along with reference case.
From India, Chandigarh
Hi,
There is no per se right to representation in the departmental proceedings through a representative through own union unless the company by its Standing Order recognized such a right. Refusal to allow representation by any Union unless the Standing Orders confer that right does not vitiate the proceedings. Further, in holding domestic enquiries, reasonable opportunity should be given to the delinquent employees to meet the charge framed against them and it is desirable that at such an enquiry the employee should be given liberty to represent their case by persons of their choice, if there is no standing order against such a course being adopted and if there is nothing otherwise objectionable in the said request. Denial of such an opportunity cannot be said to be in violation of principles of natural justice....
From India, Madras
948There is no per se right to representation in the departmental proceedings through a representative through own union unless the company by its Standing Order recognized such a right. Refusal to allow representation by any Union unless the Standing Orders confer that right does not vitiate the proceedings. Further, in holding domestic enquiries, reasonable opportunity should be given to the delinquent employees to meet the charge framed against them and it is desirable that at such an enquiry the employee should be given liberty to represent their case by persons of their choice, if there is no standing order against such a course being adopted and if there is nothing otherwise objectionable in the said request. Denial of such an opportunity cannot be said to be in violation of principles of natural justice....
From India, Madras
Thanks for prompt reply and please also clear that the labor inspector can force to us for the same because labour department does not agree on the same. And some representations of union are coming the domestic inquires. Please send any reference case if you have for more clarity.
From India, Chandigarh
From India, Chandigarh
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.
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Employee Appraisal Form new.doc