i m with suri babu komakula.but i want to know what will be the place of domestic inquari .is a comapany office? or place of incedance?if place of incedence is the company office then the company can bear the transpotation charges of witness?
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 any where according to the convenience of the Enquiry Officer to conduct inquiry. In such cases the Company or the firm has to incur transportation charges.
Suri Babu Komakula
From Canada, Calgary
37Suri Babu Komakula
From Canada, Calgary
The company has the right to lay off workmen for valid and genuine reasons. However if the strength of workmen exceeds 100 govt permission is necessary. The workman can challenge if he is laid off without following the provisions of Industrial Disputes Act.
From India, Pune
From India, Pune
Hi,
At the outset, please remember termination is considered as the 'Capital Punishment' unde Labour Laws. You do hang a person without any strong reason. Hanging a person untill 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 a generelist query), I would ask you to remeber 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 employee is a 'Protected Employee' then go for 'Pemission Application'
<5> If any court case / conciliation is pending, then go for 'Approval Application'
<6> 'Permission' or 'Approval' wherever required is not merely 'Technical Requirement', but a 'Mandatory Legal Requiremet'
<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 if the misconduct really warrants termination.
Take Care
B.R. Dayaram
-------------
From India, Bangalore
At the outset, please remember termination is considered as the 'Capital Punishment' unde Labour Laws. You do hang a person without any strong reason. Hanging a person untill 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 a generelist query), I would ask you to remeber 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 employee is a 'Protected Employee' then go for 'Pemission Application'
<5> If any court case / conciliation is pending, then go for 'Approval Application'
<6> 'Permission' or 'Approval' wherever required is not merely 'Technical Requirement', but a 'Mandatory Legal Requiremet'
<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 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/ to cut down the cadre strength on account of Lay Off declared by the Management to avoid Economic crisis. This would also taken up to reduce Expenditure on Establishment to economize the Institution as a fiscal policy.
From Canada, Calgary
From Canada, Calgary
Retrenchment to be resorted to as per the provisions of Industrial Disputes act and for genuine reasons. If the total strength is more than 100 workmen govt permission is necessary. Category wise retrenchment to be done.
Adv savant
9011075672
From India, Pune
Adv savant
9011075672
From India, Pune
dear sir
in the domestic enquary the accusor is not attending any enquary i.e(3to 4) but only h.r & charge sheated person(cse) r attending the enquary in front of enquary officer. is it right to countinue the enquary? if it is not, then is it right to call (cse) again & again to attend the enquary or give his findings.
thanks with regards
sanajy thakur
From India, Jind
in the domestic enquary the accusor is not attending any enquary i.e(3to 4) but only h.r & charge sheated person(cse) r attending the enquary in front of enquary officer. is it right to countinue the enquary? if it is not, then is it right to call (cse) again & again to attend the enquary or give his findings.
thanks with regards
sanajy thakur
From India, Jind
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Termination-emp loyment_563.pdf
Termination letter.doc