I have gone through my topics regarding disciplinary actions and domestic enquiry on citeHR. But there are many views , but I am not clear so pls provide me a place (book, government site etc) - where I may get info about domestic enquiries, procedure of giving charge sheet, suspension allowance to be paid and more related to discipline.
From India, Mathura
From India, Mathura
DisciplinaryAction is initiated against an Employed Person in accordance with the Standing Orders OR Service Rules framed under Shops & Esta Act and as per the Procedures laid down by the Judiciary from time to time and always in accordance with the Principles ofNatural Justice
As Swimming may not be learnt by Reading a Book on Swimming, likewise Mastery in Disciplinary Action including Inquiry, Writng Inquiry Report with definite and Conclusive Findings, Croosexamination, inter alia Punishment Procedure etc may not be learnt by reading Books which may Prescribe Guidance but by Doing & Learning Lessons.
You may Participate in Workshops on the Subjectmatter
Kritarth Team,
3.11.2018
From India, Delhi
200As Swimming may not be learnt by Reading a Book on Swimming, likewise Mastery in Disciplinary Action including Inquiry, Writng Inquiry Report with definite and Conclusive Findings, Croosexamination, inter alia Punishment Procedure etc may not be learnt by reading Books which may Prescribe Guidance but by Doing & Learning Lessons.
You may Participate in Workshops on the Subjectmatter
Kritarth Team,
3.11.2018
From India, Delhi
My suggestion would be the following books:
1) A Practical Approach to Domestic Enquiry by Mr.D.R.K.Rao - published by Sitaram&Co, Chennai-600014
2) Domestic Enquiry by Justice Markandey Katju - published by LexisNexis-Butterworths Wadhwa-Nagpur
From India, Salem
1) A Practical Approach to Domestic Enquiry by Mr.D.R.K.Rao - published by Sitaram&Co, Chennai-600014
2) Domestic Enquiry by Justice Markandey Katju - published by LexisNexis-Butterworths Wadhwa-Nagpur
From India, Salem
I may add,
Are you a fresher or your firm is very young not to have your Conduct & Disciplinary Rules or SO in vogue. To put it simple - the basic aspects are common to any type of entities and employee. These are -
1. Employee and Employer relationship
2. There shall be a competent/designated authority duly named as Disciplinary Authority, Appellate Authority.
3. You should have well defined, documented list of what are to be considered as 'Indiscipline' and what rules and procedures are to be adopted for trying the employees at default.
4. There shall be alleged indiscipline, properly documented by the parties involved and it is forwarded by the concerned to the designated authorities for appropriate action.
5. There shall be a preliminary enquiry and a report thereon to find out whether there is a 'prima facie' evidence to show 'indiscipline' to proceed further supported by documents & witnesses.
6. Examine whether the alleged charges of trivial, which can be pardoned or serious and to be tried further.
7. To arrange issue a formal 'call for explanation' to obtain the submission of the employee concerned.
8. The DA should consider the submission and take a view whether the 'indiscipline' has been committed willfully or unknowingly/unintentional and whether could be closed with very minor punishment or should be fit to be taken/proceeded further.
9. The DA prepares the formal 'charge sheet' wherever the submission to 'show cause notice' not satisfactory and ask for the detailed reply to every point contained in the SCN.
10. Upon receipt of reply to SCN the DA fixes advance date for recording statements of accused, the witnesses, examination of docs, and Presenting Officers. And gives time for submission of docs. & witnesses to defend and in proof.
11. Presentation by the Union representatives on behalf of accused is permissible where all the parties are to be present.
12. After recording proceedings on various dates the DA corroborate the evidences, arguments & docs. and come to conclusion and gives his verdict either for or against.
If you don't have SO prescribing the procedures what models made available in citeHR may be followed.
From India, Bangalore
Are you a fresher or your firm is very young not to have your Conduct & Disciplinary Rules or SO in vogue. To put it simple - the basic aspects are common to any type of entities and employee. These are -
1. Employee and Employer relationship
2. There shall be a competent/designated authority duly named as Disciplinary Authority, Appellate Authority.
3. You should have well defined, documented list of what are to be considered as 'Indiscipline' and what rules and procedures are to be adopted for trying the employees at default.
4. There shall be alleged indiscipline, properly documented by the parties involved and it is forwarded by the concerned to the designated authorities for appropriate action.
5. There shall be a preliminary enquiry and a report thereon to find out whether there is a 'prima facie' evidence to show 'indiscipline' to proceed further supported by documents & witnesses.
6. Examine whether the alleged charges of trivial, which can be pardoned or serious and to be tried further.
7. To arrange issue a formal 'call for explanation' to obtain the submission of the employee concerned.
8. The DA should consider the submission and take a view whether the 'indiscipline' has been committed willfully or unknowingly/unintentional and whether could be closed with very minor punishment or should be fit to be taken/proceeded further.
9. The DA prepares the formal 'charge sheet' wherever the submission to 'show cause notice' not satisfactory and ask for the detailed reply to every point contained in the SCN.
10. Upon receipt of reply to SCN the DA fixes advance date for recording statements of accused, the witnesses, examination of docs, and Presenting Officers. And gives time for submission of docs. & witnesses to defend and in proof.
11. Presentation by the Union representatives on behalf of accused is permissible where all the parties are to be present.
12. After recording proceedings on various dates the DA corroborate the evidences, arguments & docs. and come to conclusion and gives his verdict either for or against.
If you don't have SO prescribing the procedures what models made available in citeHR may be followed.
From India, Bangalore
Dear Sumit,
Here is a link which had discussions on what is indiscipline & Domestic Enquiry -
https://www.citehr.com/54381-miscond...-download.html.
Also some materials are attached to help you learn more on this. Seek and learn.
From India, Bangalore
Here is a link which had discussions on what is indiscipline & Domestic Enquiry -
https://www.citehr.com/54381-miscond...-download.html.
Also some materials are attached to help you learn more on this. Seek and learn.
From India, Bangalore
Hi my name is ranjitha, i am working as a HR manager , as i am a fresher and i dont know how to manage the show and i dont know what all documents i have to preapre so plz help me out
From India, Kolkata
From India, Kolkata
Good afternoon. sir how to draft a mail to emloyess those who are comming late to the office and they should be in time
From India, Kolkata
From India, Kolkata
Hi Ranjitha, What type of organisation you are in and what business. What registration your orgn have and what’s your manpower strength?
From India, Bangalore
From India, Bangalore
Q). Good afternoon.
sir how to draft a mail to employees those who are coming late to the office and they should be in time.
Yesterday From India, Kolkata.
= What's your status in your co.? First and foremost, you should have a clause in your SO prescribing what's your official timing, say for e.g., 9 AM TO 6 PM with lunch break between 1 PM & 2 PM and shall provide the procedure how to deal for violations. This stipulation should be pasted on your notice board and other places/in the vicinity/vantage points. If this is done you should prepare a record of those late comers as per the actual attendance recording (either bio-metric or signing in the register. Then follow these steps -
You should send out a general circular cautioning the late comers and mention specifically the consequences of violators-this may contain measures as appearing in the SO -
(Every violations should be followed up with individual memo duly acknowledged by the concerned).
i) debiting half a day leave for late reporting for more than three occasions;
ii) For those repeating twice or thrice during consecutive months, one day's salary cut (this would mean one day leave without pay);
iii) For those committing both i) & ii) above should be considered as 'habitual' late comers and therefore should be referred to the 'indiscipline' trial.
The clause in SO and the memo could read like this (you may modify to suit your convenience) -
NOTICE
The Official working hours of office/works/unit shall be -
9 AM TO 6 PM with lunch break between 1 PM & 2 PM on all week days.
The weekly off shall be Sunday.
Late coming to duty will be treated as violation & dereliction of duty and is 'indiscipline' and would attract disciplinary action as provided for in the Standing Order of our Co. The following stipulation is made in this respect for violations with immediate effect:
i) debiting half a day leave for late reporting for more than three occasions in a calendar month;
ii) For those repeating twice or thrice during consecutive months, one day's salary cut (this would mean one day leave without pay);
iii) For those committing both i) & ii) above should be considered as 'habitual' late comers and therefore should be referred to the 'indiscipline' trial and guilty would be punished with stoppage of increment/ineligible for promotion or both.
By order
HR Manager
c.c.to: Notice Board, Circulation to all.
From India, Bangalore
sir how to draft a mail to employees those who are coming late to the office and they should be in time.
Yesterday From India, Kolkata.
= What's your status in your co.? First and foremost, you should have a clause in your SO prescribing what's your official timing, say for e.g., 9 AM TO 6 PM with lunch break between 1 PM & 2 PM and shall provide the procedure how to deal for violations. This stipulation should be pasted on your notice board and other places/in the vicinity/vantage points. If this is done you should prepare a record of those late comers as per the actual attendance recording (either bio-metric or signing in the register. Then follow these steps -
You should send out a general circular cautioning the late comers and mention specifically the consequences of violators-this may contain measures as appearing in the SO -
(Every violations should be followed up with individual memo duly acknowledged by the concerned).
i) debiting half a day leave for late reporting for more than three occasions;
ii) For those repeating twice or thrice during consecutive months, one day's salary cut (this would mean one day leave without pay);
iii) For those committing both i) & ii) above should be considered as 'habitual' late comers and therefore should be referred to the 'indiscipline' trial.
The clause in SO and the memo could read like this (you may modify to suit your convenience) -
NOTICE
The Official working hours of office/works/unit shall be -
9 AM TO 6 PM with lunch break between 1 PM & 2 PM on all week days.
The weekly off shall be Sunday.
Late coming to duty will be treated as violation & dereliction of duty and is 'indiscipline' and would attract disciplinary action as provided for in the Standing Order of our Co. The following stipulation is made in this respect for violations with immediate effect:
i) debiting half a day leave for late reporting for more than three occasions in a calendar month;
ii) For those repeating twice or thrice during consecutive months, one day's salary cut (this would mean one day leave without pay);
iii) For those committing both i) & ii) above should be considered as 'habitual' late comers and therefore should be referred to the 'indiscipline' trial and guilty would be punished with stoppage of increment/ineligible for promotion or both.
By order
HR Manager
c.c.to: Notice Board, Circulation to all.
From India, Bangalore
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