Can an employee be terminated if he does not attend enquiry made by hr. In this connection this should also be noted already cases against the employer are running in labour court.
From India, Kanpur
1From India, Kanpur
You cannot terminate the employee for not attending the enquiry.
Enquiry findings will be closed as ex parte. But you have to send a 2nd show cause notice with enquiry findings to that employee asking for the reason why you should not take disciplinary action against that employee..!
If the reply is not satisfactory, you can take action against that employee. check what your standing orders tells about imposing the punishment and follow that.
From India, Chennai
Enquiry findings will be closed as ex parte. But you have to send a 2nd show cause notice with enquiry findings to that employee asking for the reason why you should not take disciplinary action against that employee..!
If the reply is not satisfactory, you can take action against that employee. check what your standing orders tells about imposing the punishment and follow that.
From India, Chennai
Dear Seeker,
Your Query : - "Can an employee be terminated if he does not attend enquiry made by hr. In this connection this should also be noted already cases against the employer are running in labour court." Posted 15th March 2015
Position :- Without holding a proper Internal Inquiry / Domestic Inquiry the Services of Employees should not be terminated. Further, the said Inquiry should be conducted in accordance with the Principles of Natural Justice and the Procedures laid down by the Apex Judiciary in this regard from time to time.
The Certified Standing Orders and or the codified Service Rules framed in line with the Shops & Establishments Act and applicable to the concerned Undertakings / Establishments outline / contain Disciplinary Action and step-by-step Procedures to be followed.
Further, in the event, the Charge-sheeted /Delinquent Employee "abstains" from attending Inquiry about which s/he has been adequately intimated or "boycotts" it , the Inquiry Officer or the Inquiry Committee (duly appointed by the Punishing Authority for the purpose of conducting the Inquiry and submit an Inquiry Report) can legally / legitimately "hold the Inquiry Ex-parte" .
Thereafter only and based on the Findings submitted by the Inquiry Officer / Inquiry Committee, the Punishing Authority can Terminate" his /her Service
( Discharging from the Muster Roll) and inform the concerned Employee by a Letter sent by Registered Post at his/her Local & Home Addresses.
May seek any more data if required
Kritarth Consulting Team
27.4.2015
From India, Delhi
Your Query : - "Can an employee be terminated if he does not attend enquiry made by hr. In this connection this should also be noted already cases against the employer are running in labour court." Posted 15th March 2015
Position :- Without holding a proper Internal Inquiry / Domestic Inquiry the Services of Employees should not be terminated. Further, the said Inquiry should be conducted in accordance with the Principles of Natural Justice and the Procedures laid down by the Apex Judiciary in this regard from time to time.
The Certified Standing Orders and or the codified Service Rules framed in line with the Shops & Establishments Act and applicable to the concerned Undertakings / Establishments outline / contain Disciplinary Action and step-by-step Procedures to be followed.
Further, in the event, the Charge-sheeted /Delinquent Employee "abstains" from attending Inquiry about which s/he has been adequately intimated or "boycotts" it , the Inquiry Officer or the Inquiry Committee (duly appointed by the Punishing Authority for the purpose of conducting the Inquiry and submit an Inquiry Report) can legally / legitimately "hold the Inquiry Ex-parte" .
Thereafter only and based on the Findings submitted by the Inquiry Officer / Inquiry Committee, the Punishing Authority can Terminate" his /her Service
( Discharging from the Muster Roll) and inform the concerned Employee by a Letter sent by Registered Post at his/her Local & Home Addresses.
May seek any more data if required
Kritarth Consulting Team
27.4.2015
From India, Delhi
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Termination-emp loyment_563.pdf
Termination letter.doc