sir, pls tell me how to conduct domestic enquiry & which documents shall contain the chargesheet,
From India, Basti
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18From India, Basti
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Dear DeveshCH,
Your post does not reveal much for any advice; at least I cannot gather from your reply, "appointed on senior designation." You were asked to explain what was the work, job, or responsibilities of that employee, and what type of work - manual, clerical, supervisory, officer, operational, etc. - was given to him. Furthermore, what was expected from him by management and how he has performed are the basic questions.
Merely saying performance is not satisfactory does not help anybody. You will have to be specific in putting charges on the employee, and further, you must be able to justify or prove (very popular among HR Fraternity) those charges of slow performance. However, mind you, slow performance of an employee is not a misconduct, but willful or intentional slowing down of performance is certainly a serious misconduct.
So, one should always be careful in leveling charges of slow performance against an employee.
From India, Kolhapur
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Your post does not reveal much for any advice; at least I cannot gather from your reply, "appointed on senior designation." You were asked to explain what was the work, job, or responsibilities of that employee, and what type of work - manual, clerical, supervisory, officer, operational, etc. - was given to him. Furthermore, what was expected from him by management and how he has performed are the basic questions.
Merely saying performance is not satisfactory does not help anybody. You will have to be specific in putting charges on the employee, and further, you must be able to justify or prove (very popular among HR Fraternity) those charges of slow performance. However, mind you, slow performance of an employee is not a misconduct, but willful or intentional slowing down of performance is certainly a serious misconduct.
So, one should always be careful in leveling charges of slow performance against an employee.
From India, Kolhapur
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Study the case of RAMESHA vs HCL, the verdict given by First Additional Labour Court Chennai. It is preferable to start with Glaxo Laboratories case where the misconduct, assaulting the supervisor while traveling in the company-owned bus, was held not valid. The Supreme Court, in no ambiguous terms, said that the Misconduct in Standing Orders are not illustrative but exhaustive. Therefore, Inefficiency must find a place in Misconduct or as a separate clause attracting termination of employment consequent to one being found as INEFFICIENT in spite of Warning, counseling, and TERMINATION was inevitable.
It goes without saying that a charge sheet to be given, reply obtained, reply found not satisfactory, enquiry ordered, enquiry conducted, fair opportunity given, copy of proceedings and documents submitted given, E O found him guilty. Second show cause notice as to why he should not be terminated. Then in the TERMINATION order state that he had not adduced fresh grounds to reconsider the proposed Termination.
From India, Chennai
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It goes without saying that a charge sheet to be given, reply obtained, reply found not satisfactory, enquiry ordered, enquiry conducted, fair opportunity given, copy of proceedings and documents submitted given, E O found him guilty. Second show cause notice as to why he should not be terminated. Then in the TERMINATION order state that he had not adduced fresh grounds to reconsider the proposed Termination.
From India, Chennai
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You cannot go ahead and terminate anyone in the organization. It's important to document everything. For termination itself, it is crucial to provide three written warnings to an employee. Alternatively, based on performance, the employee can be placed under a Performance Improvement Plan (PIP). If there is no improvement even after being on a PIP, then termination on poor performance grounds is an option.
If forced resignation is not effective, it is important to consider your actions carefully before proceeding, as they may create problems for you in the future.
From India, Jaipur
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If forced resignation is not effective, it is important to consider your actions carefully before proceeding, as they may create problems for you in the future.
From India, Jaipur
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