Dear,
I would like add little bit more about this issue.
Incase of a reported Misconduct, there SHOULD BE a proper Show Cause Notice, If a reply received than proceed toward Suspension and Conduct a Enquiry otherwise agains issue a Show Cause Notice. Workman can be suspensed for 4-days, at a time, but not more than 4-weeks time a whole. Workman will be entitled for 50% wages during the suspension period and incase the misconduct is not proved then will get 100%.
Enquiry Officer must have to write down all the inquiry proceedings from the both parties: first of all EO record the Statement of Plaintiff, questions (by EO and defensive side) & answers, and same for the Evidence provided by Plaintiff side. Now the same process will be for the Defendant and Eviendence provided from his side. All this activity must be in writting and get signed by every concerned on the relevant page. It will be preferred if a seperate page use for every person.
One more thing the attedance must be recorded properly.
At the last the EO, has to sum up all the enquiry, prepare a report of findings only and submit to the managment. EO is not authorized to award any the of punishment.
Further, the enquiry is compulsory, even the accused person confess in writing, process should be complete, for future purpose, regardless the what decision is made by the Management.
Feedback welcomed
Thank you.
m.asif.comboh
From Pakistan, Lahore
2I would like add little bit more about this issue.
Incase of a reported Misconduct, there SHOULD BE a proper Show Cause Notice, If a reply received than proceed toward Suspension and Conduct a Enquiry otherwise agains issue a Show Cause Notice. Workman can be suspensed for 4-days, at a time, but not more than 4-weeks time a whole. Workman will be entitled for 50% wages during the suspension period and incase the misconduct is not proved then will get 100%.
Enquiry Officer must have to write down all the inquiry proceedings from the both parties: first of all EO record the Statement of Plaintiff, questions (by EO and defensive side) & answers, and same for the Evidence provided by Plaintiff side. Now the same process will be for the Defendant and Eviendence provided from his side. All this activity must be in writting and get signed by every concerned on the relevant page. It will be preferred if a seperate page use for every person.
One more thing the attedance must be recorded properly.
At the last the EO, has to sum up all the enquiry, prepare a report of findings only and submit to the managment. EO is not authorized to award any the of punishment.
Further, the enquiry is compulsory, even the accused person confess in writing, process should be complete, for future purpose, regardless the what decision is made by the Management.
Feedback welcomed
Thank you.
m.asif.comboh
From Pakistan, Lahore
Dear Mr. Raghavan,
The above mentioned is informative but it arosed a question which i was not aware of; i.e appealing if the punishment is higher.
can u please tell me whom can the worker appeal further?
Regards
upasana talukdar
From India, Mumbai
The above mentioned is informative but it arosed a question which i was not aware of; i.e appealing if the punishment is higher.
can u please tell me whom can the worker appeal further?
Regards
upasana talukdar
From India, Mumbai
Hi Vikram,
I think you query has ben solved beautifully by Rajat. But few more points may be included.
Rajat correct me, if wrong.
Welcome to citehr.com..
Quote:
I am new to this forum. Can some one guide me about all the procedure & steps of domestic inquiry ? If there is any book on this subject ? Pl let me know.
Regds
Vikram Singh,
Well, yesterday i just concluded the domestic enquiry of workman in our factory which took almost a year..therefore let me share some points on the same..
Procedure of holding a domestic enquiry-
*A workman against whom an enquiry is to be held is to be given a charge-sheet clearly stating the charges levelled against him and asking him to submit his explanation.
* Management has to appoint Enquiry Officer(EO) & Management Representative(MR) for the enquiry as per the charge sheet.
(Copy of the same is to be marked / given to the Deliquent Employee)
* Enquiry Officer(EO) will inform about the date on which the enquiry has to be start in writing from his side.
*Management reserves the right to suspend the workman pending enquiry depending upon the gravity of the charges.
* Workman is permitted to defend himself by other workman or by an office bearer of Trade Union of which he is a member-defence Representative (DR).
*In Domestic enquiry - starts with the recording of the statements & letters as per the chargesheet. The workman is allowed to produce witnesses in his defence and cross examine the witness of the Management. EO shall record the concise summary of the evidences & questions & answers asked by the both the parties.
* The proceedings of the inquiry shall be conducted in English,hindi or in the language of the state where the Industrial establishment is located, or the language which is understood by the deliquent employee.
* After it is over, sometimes it takes a year or more- EO should sumit his findings giving brief reasons.
* EO - appointment - The management can appoint
a. An oficer employed in his Industrial establishment
b. An officer from outside
c. An advocate
In normal it is better to have an adocate to give credibility to the proceedings.
* On the reciept of the finding report from EO , the Management should give a letter to workman alongwith the finding report of EO for his explanation.
* On the reciept of the same , Management can accord punishments to the workman found guilty of msconduct. Here they are four types of punishments viz
1. Dismissal without any notice
2. suspension for a period of not more than 4 days.
3. Fine
4. Warning or censure.
* Points to remember while according the punishment
1. Gravity of the misconduct
2. Previous records if any
3. aggravating circumstances that may exist.
* The doctrine of proof beyond doubt as applicable in criminal trial is not applicable here. This is as per the judgement held in High Court Judicature of Bombay v/s Udaysingh Ganpatrao,1997/CLR 1122 S.C.
From India, Delhi
I think you query has ben solved beautifully by Rajat. But few more points may be included.
Rajat correct me, if wrong.
Welcome to citehr.com..
Quote:
I am new to this forum. Can some one guide me about all the procedure & steps of domestic inquiry ? If there is any book on this subject ? Pl let me know.
Regds
Vikram Singh,
Well, yesterday i just concluded the domestic enquiry of workman in our factory which took almost a year..therefore let me share some points on the same..
Procedure of holding a domestic enquiry-
*A workman against whom an enquiry is to be held is to be given a charge-sheet clearly stating the charges levelled against him and asking him to submit his explanation.
* Management has to appoint Enquiry Officer(EO) & Management Representative(MR) for the enquiry as per the charge sheet.
(Copy of the same is to be marked / given to the Deliquent Employee)
* Enquiry Officer(EO) will inform about the date on which the enquiry has to be start in writing from his side.
*Management reserves the right to suspend the workman pending enquiry depending upon the gravity of the charges.
* Workman is permitted to defend himself by other workman or by an office bearer of Trade Union of which he is a member-defence Representative (DR).
*In Domestic enquiry - starts with the recording of the statements & letters as per the chargesheet. The workman is allowed to produce witnesses in his defence and cross examine the witness of the Management. EO shall record the concise summary of the evidences & questions & answers asked by the both the parties.
* The proceedings of the inquiry shall be conducted in English,hindi or in the language of the state where the Industrial establishment is located, or the language which is understood by the deliquent employee.
* After it is over, sometimes it takes a year or more- EO should sumit his findings giving brief reasons.
* EO - appointment - The management can appoint
a. An oficer employed in his Industrial establishment
b. An officer from outside
c. An advocate
In normal it is better to have an adocate to give credibility to the proceedings.
* On the reciept of the finding report from EO , the Management should give a letter to workman alongwith the finding report of EO for his explanation.
* On the reciept of the same , Management can accord punishments to the workman found guilty of msconduct. Here they are four types of punishments viz
1. Dismissal without any notice
2. suspension for a period of not more than 4 days.
3. Fine
4. Warning or censure.
* Points to remember while according the punishment
1. Gravity of the misconduct
2. Previous records if any
3. aggravating circumstances that may exist.
* The doctrine of proof beyond doubt as applicable in criminal trial is not applicable here. This is as per the judgement held in High Court Judicature of Bombay v/s Udaysingh Ganpatrao,1997/CLR 1122 S.C.
From India, Delhi
My employer insurance company has suspended me on a so called "grave" charge mentioned in charge memo of "leaving heaquarter" for getting treatment of a doctor
out of the employment headquarter by approx.50 km.
They have not supplied me charge memo in my preferred language "english" in spite of
4 months of inquiry;in the last inquiry proceeding the authority claimed proviledge to decide whether the document was of legal or technical nature or not.
Pl advise.
From India, Ajmer
out of the employment headquarter by approx.50 km.
They have not supplied me charge memo in my preferred language "english" in spite of
4 months of inquiry;in the last inquiry proceeding the authority claimed proviledge to decide whether the document was of legal or technical nature or not.
Pl advise.
From India, Ajmer
Hi all
i would like to know if a employee has resigned during domestic inquiry so what should i do
1. accept his resignation and stop the inquiry.
2. keep his resignation and wait for the inquiry to finish.
and what will be his resignation date?
waiting for ur reply
sameer
From India, Delhi
i would like to know if a employee has resigned during domestic inquiry so what should i do
1. accept his resignation and stop the inquiry.
2. keep his resignation and wait for the inquiry to finish.
and what will be his resignation date?
waiting for ur reply
sameer
From India, Delhi
Dear All Please let me know how many laws are aplicable under the new Factories! Please give me details of the Act. Regards, Rahul Tiwari
From India, Ambala
From India, Ambala
sir....i dont no whr am post my qustiona......am taking a domestic enquiry project ....send me notes on this topic
From India, Mangaluru
From India, Mangaluru
Friends, these are some very informative and useful posts.
My specific question is how does the company treat absence of workers who attend off-site enquiries (outside the factory), as "witnesses on behalf of the chargesheeted worker"? Are they required to apply for leave (i.e. paid for by themselves) or does company depute them on duty (i.e. paid for by the company)?
Thanks & Regards,
Kalpana Iyer
From India, Pune
My specific question is how does the company treat absence of workers who attend off-site enquiries (outside the factory), as "witnesses on behalf of the chargesheeted worker"? Are they required to apply for leave (i.e. paid for by themselves) or does company depute them on duty (i.e. paid for by the company)?
Thanks & Regards,
Kalpana Iyer
From India, Pune
Dear Mr Madhu,
I seek you help to guide me on what question to ask by a Prosecuting Officer in a domestic inquiry on insubordination? Fyi, we have a case in our organisation an employee refused to trasfer from one work place to another as letter of transfer have been given to him.
Your advise please.
From Malaysia, Kuala Lumpur
I seek you help to guide me on what question to ask by a Prosecuting Officer in a domestic inquiry on insubordination? Fyi, we have a case in our organisation an employee refused to trasfer from one work place to another as letter of transfer have been given to him.
Your advise please.
From Malaysia, Kuala Lumpur
Dear Asif,( Or any other forum members please)
Could u pl. throw more light on the following:
Management has appointed an Enquiry Officer. Delinquent Employee is there. If management appoints a Presenting Officer, how will the enquiry proceed?
1..EO asks the PO to read the memo of charges and the statement of allegations.
2. EO asks the DE if he has to say anything and records that.
3. PO lists out his witnesses and documentary evidences.
4. Copies are given to DE.
5. PO's Witnesses are ( Management witnesses) are first questioned by the PO.
6. Cross questions by the DE.
Then the same procedure is repeated for the DE also. That is:-
7. E O asks the DE to give a list of his witnesses. (Defence Witnesses) and documentary evidence if any.
8. DWs are first questioned by the DE and then Cross examined by the PO.
After each Cross examination, PO and DE can re-examine the witness of other side.
The Enquiry Officer conducts these proceedings in this orderly manner and he does not have to ask questions to the witnesses or to the PO or to the DE, EXCEPT for seeking clarifications. After this the hearing is closed and EO prepares his findings and submits to the management.
Am I correct?
If management is not appointing a Presenting Officer, should the EO do the role of Presenting Officer also?
I need clarification on the above steps urgently, as I have to conduct an enquiry shortly. I do not have any experience in that and nobody/ no material to guide me.
Thanks in advance.
From India, Kochi
Could u pl. throw more light on the following:
Management has appointed an Enquiry Officer. Delinquent Employee is there. If management appoints a Presenting Officer, how will the enquiry proceed?
1..EO asks the PO to read the memo of charges and the statement of allegations.
2. EO asks the DE if he has to say anything and records that.
3. PO lists out his witnesses and documentary evidences.
4. Copies are given to DE.
5. PO's Witnesses are ( Management witnesses) are first questioned by the PO.
6. Cross questions by the DE.
Then the same procedure is repeated for the DE also. That is:-
7. E O asks the DE to give a list of his witnesses. (Defence Witnesses) and documentary evidence if any.
8. DWs are first questioned by the DE and then Cross examined by the PO.
After each Cross examination, PO and DE can re-examine the witness of other side.
The Enquiry Officer conducts these proceedings in this orderly manner and he does not have to ask questions to the witnesses or to the PO or to the DE, EXCEPT for seeking clarifications. After this the hearing is closed and EO prepares his findings and submits to the management.
Am I correct?
If management is not appointing a Presenting Officer, should the EO do the role of Presenting Officer also?
I need clarification on the above steps urgently, as I have to conduct an enquiry shortly. I do not have any experience in that and nobody/ no material to guide me.
Thanks in advance.
From India, Kochi
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Domestic Inquiry.pdf
Initial telephonic inquiry.doc