1.Please inform the procedure to treat an employee facing criminal trial.
2.Please inform the procedure to treat an employee who was under police custody for 24 hours.
3. Please inform the procedure to treat an employee punished for any criminal offence.
From India, Kannur
2.Please inform the procedure to treat an employee who was under police custody for 24 hours.
3. Please inform the procedure to treat an employee punished for any criminal offence.
From India, Kannur
Hi Bhelemlhr, Please do let us know what type of industry are you associated with.
From India, Bangalore
477From India, Bangalore
Bhelemlhr,
The treatment of the very employee depends neatly on the industry in which you have vested your interests and the strata of productivity of the employee in-context. Please put a light on the employee's past record and the tenure for which he has been associated with your worthy firm.
From India, Chandigarh
The treatment of the very employee depends neatly on the industry in which you have vested your interests and the strata of productivity of the employee in-context. Please put a light on the employee's past record and the tenure for which he has been associated with your worthy firm.
From India, Chandigarh
We are a subsidiary of BHEL situated at Kasargod, Kerala. We are manufacturing Brushless Alternator, Induction Motors, Diesel Generators from 15kVA to 1500kVA and Train Lighting Alternators.
From India, Kannur
From India, Kannur
Actually sir this is for incorporating a clause to address this case in the standing order , how we are going to handle such cases.
From India, Kannur
From India, Kannur
It must be brought into light if the employee facing criminal charges has been suspended post internal enquiry or has the employee been absent attending to the proceedings.
Under the purview of Standing Orders Act, the following points become prominent.
PROCEDURE FOR DEALING WITH CASES OF MISCONDUCT.
1 The company shall not impose punishment, except a warning or a censure, under clause 28 on any workman in respect of the alleged misconduct unless he has been given an opportunity to defend himself in writing or in a domestic enquiry in a manner set forth in clause 28.2.
2 An employee against whom an enquiry is to be held shall be given a charge sheet clearly setting forth the charges leveled against him and shall be given an opportunity to submit his explanation to the charges levelled against him. The employee shall be permitted to produce witnesses in his defence and to cross-examine any witness produced against him by the company. He shall be given an opportunity to defend himself or by a fellow workman of the company but not by a person who is not a workman of the company. The company shall appoint an Enquiry Officer to enquire into the charges and a PRESENTING OFFICER to present the case on behalf of the company in respect of the charges alleged against the employee. The Enquiry Officer shall arrange to record the evidence presented in the enquiry and submit the record of the enquiry proceedings supported by exhibits, his findings with reason for reaching such a finding to the Competent Authority or an officer superior to him in case the Competent Authority is a witness in the enquiry.
3 A workman, against whom a serious misconduct is alleged, may be suspended from duty, pending enquiry. The order of suspension shall take effect immediately on communication to the workman. The order of suspension shall be given in writing and shall be followed within seven days by a memorandum of charges setting out in precise terms as far as possible, of the misconduct alleged against him. During the period of suspension a workman shall not enter the company without the permission of the Personnel Manager or Departmental Head concerned or higher authorities and shall not leave the Headquarters without the permission of the Personnel Manager/Departmental Head concerned.
4 An employee under suspension will be paid subsistence allowance at the following rates:
a) An employee under suspension will be paid subsistence allowance at half the monthly average emoluments for the first ninety days from the date of suspension. In case such enquiry or criminal proceedings get prolonged and the workman continues to be under suspension for a period exceeding ninety days the subsistence allowance shall for the period beyond ninety days be equal to three forth of his/her wages. Provided that where such enquiry or criminal proceedings are prolonged beyond a period of ninety days for reasons attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days be reduced to one-fourth of his/her above said wages.
b) If any dispute arises regarding the subsistence allowance payable to a workman as above, the provisions of section 10 A of the Industrial Employment (Standing Orders) act, 1946 would have overriding effect on any other provisions.
c) The payment of subsistence allowance shall be subject to the employee concerned not taking up any employment during the period of suspension. Provided that the management may order any suspended employee to record his/her attendance in an appropriate register once in a day and such a register shall be maintained in the office of the security department/time office/ any gate.
d) A suspended employee will not leave his / her station without the written permission of the competent authority and will also intimate any change in his / her residential address for official communication to the competent authority failing which all the communications sent to him / her at his / her last known address available on record will be deemed to have been properly and legally served upon him / her.
e) A suspended employee will immediately hand over complete charge of tools, equipment, records, materials, goods and other property of the industrial establishment, uniform to his/her departmental head or any other authorized officer /employee of the industrial establishment and will produce a clearance slip from the administration department failing which his/her subsistence allowance will not be released.
5 If, on enquiry, a workman is found guilty of the misconduct alleged against him and punishment is awarded, the workman shall not be entitled to any remuneration for such period other than the subsistence allowance already paid to him. If a punishment other than dismissal or removal from service is imposed on him the disciplinary authority shall, by an order, decide as to how the period of suspension shall be treated. If as the result of enquiry, he is found not guilty of any misconduct, the period of suspension shall be treated as on duty and he shall be entitled for the difference between the subsistence allowance already paid and the emoluments he would have received had he not been suspended.
6 During the enquiry the workman shall be permitted to produce such evidence as he may desire and as is relevant to his case. To avail himself of this privilege, he shall appear at the enquiry as and when directed to do so. Should the workman decline to attend the enquiry at the appointed time and place, the enquiry shall be conducted EXPARTE.
7 If a workman refuses to accept a charge sheet, order or other communication served in accordance with these standing orders and provided that he has been asked to accept the charge sheet in the presence of at least two witnesses, he shall be told verbally the time and place at which the enquiry into the alleged misconduct is to be held and if he refuses or fails to attend at that time, the enquiry shall be concluded EXPARTE and the matter shall be disposed off without any further reference to the concerned workman.
8 In awarding punishment under these standing orders, the Director (Technical) or any other authorized person shall take into account the gravity of misconduct, the previous record of the workman, if any, and other extenuating or aggravating circumstances that may exist.
9 Notwithstanding anything contained above, the company reserves the right to suspend a workman accused in a court of law for any criminal offence involving moral turpitude until the disposal of the trial.
10 Notwithstanding anything contained above, where a workman has been convicted of a criminal offence involving moral turpitude or for any other criminal act proved against him in a court of law or where the Director (Technical) is satisfied, for reasons to be recorded in writing, that it is inexpedient or against the interests or security of the company to continue the employee in service, he may be discharged or dismissed from service without notice or pay in lieu of notice.
11 Any workman involved in or charged with any criminal offence shall receive no pay while he is absent as a result of such involvement. If, the court adjudges him guilty, his services will be terminated immediately without notice or pay in lieu of notice. If however, he is acquitted, he may be allowed to resume work, the period of his absence being treated as leave without pay. Notwithstanding, anything contained herein before, the company shall have the right to take appropriate disciplinary action against the workman if his acts or omissions which are the subject matter of the criminal proceedings, for misconduct under these standing orders and if he is found guilty of misconduct in accordance with the provisions of these standing orders, he shall be liable to be punished accordingly whatever may be the result of the proceedings in the court.
From India, Chandigarh
Under the purview of Standing Orders Act, the following points become prominent.
PROCEDURE FOR DEALING WITH CASES OF MISCONDUCT.
1 The company shall not impose punishment, except a warning or a censure, under clause 28 on any workman in respect of the alleged misconduct unless he has been given an opportunity to defend himself in writing or in a domestic enquiry in a manner set forth in clause 28.2.
2 An employee against whom an enquiry is to be held shall be given a charge sheet clearly setting forth the charges leveled against him and shall be given an opportunity to submit his explanation to the charges levelled against him. The employee shall be permitted to produce witnesses in his defence and to cross-examine any witness produced against him by the company. He shall be given an opportunity to defend himself or by a fellow workman of the company but not by a person who is not a workman of the company. The company shall appoint an Enquiry Officer to enquire into the charges and a PRESENTING OFFICER to present the case on behalf of the company in respect of the charges alleged against the employee. The Enquiry Officer shall arrange to record the evidence presented in the enquiry and submit the record of the enquiry proceedings supported by exhibits, his findings with reason for reaching such a finding to the Competent Authority or an officer superior to him in case the Competent Authority is a witness in the enquiry.
3 A workman, against whom a serious misconduct is alleged, may be suspended from duty, pending enquiry. The order of suspension shall take effect immediately on communication to the workman. The order of suspension shall be given in writing and shall be followed within seven days by a memorandum of charges setting out in precise terms as far as possible, of the misconduct alleged against him. During the period of suspension a workman shall not enter the company without the permission of the Personnel Manager or Departmental Head concerned or higher authorities and shall not leave the Headquarters without the permission of the Personnel Manager/Departmental Head concerned.
4 An employee under suspension will be paid subsistence allowance at the following rates:
a) An employee under suspension will be paid subsistence allowance at half the monthly average emoluments for the first ninety days from the date of suspension. In case such enquiry or criminal proceedings get prolonged and the workman continues to be under suspension for a period exceeding ninety days the subsistence allowance shall for the period beyond ninety days be equal to three forth of his/her wages. Provided that where such enquiry or criminal proceedings are prolonged beyond a period of ninety days for reasons attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days be reduced to one-fourth of his/her above said wages.
b) If any dispute arises regarding the subsistence allowance payable to a workman as above, the provisions of section 10 A of the Industrial Employment (Standing Orders) act, 1946 would have overriding effect on any other provisions.
c) The payment of subsistence allowance shall be subject to the employee concerned not taking up any employment during the period of suspension. Provided that the management may order any suspended employee to record his/her attendance in an appropriate register once in a day and such a register shall be maintained in the office of the security department/time office/ any gate.
d) A suspended employee will not leave his / her station without the written permission of the competent authority and will also intimate any change in his / her residential address for official communication to the competent authority failing which all the communications sent to him / her at his / her last known address available on record will be deemed to have been properly and legally served upon him / her.
e) A suspended employee will immediately hand over complete charge of tools, equipment, records, materials, goods and other property of the industrial establishment, uniform to his/her departmental head or any other authorized officer /employee of the industrial establishment and will produce a clearance slip from the administration department failing which his/her subsistence allowance will not be released.
5 If, on enquiry, a workman is found guilty of the misconduct alleged against him and punishment is awarded, the workman shall not be entitled to any remuneration for such period other than the subsistence allowance already paid to him. If a punishment other than dismissal or removal from service is imposed on him the disciplinary authority shall, by an order, decide as to how the period of suspension shall be treated. If as the result of enquiry, he is found not guilty of any misconduct, the period of suspension shall be treated as on duty and he shall be entitled for the difference between the subsistence allowance already paid and the emoluments he would have received had he not been suspended.
6 During the enquiry the workman shall be permitted to produce such evidence as he may desire and as is relevant to his case. To avail himself of this privilege, he shall appear at the enquiry as and when directed to do so. Should the workman decline to attend the enquiry at the appointed time and place, the enquiry shall be conducted EXPARTE.
7 If a workman refuses to accept a charge sheet, order or other communication served in accordance with these standing orders and provided that he has been asked to accept the charge sheet in the presence of at least two witnesses, he shall be told verbally the time and place at which the enquiry into the alleged misconduct is to be held and if he refuses or fails to attend at that time, the enquiry shall be concluded EXPARTE and the matter shall be disposed off without any further reference to the concerned workman.
8 In awarding punishment under these standing orders, the Director (Technical) or any other authorized person shall take into account the gravity of misconduct, the previous record of the workman, if any, and other extenuating or aggravating circumstances that may exist.
9 Notwithstanding anything contained above, the company reserves the right to suspend a workman accused in a court of law for any criminal offence involving moral turpitude until the disposal of the trial.
10 Notwithstanding anything contained above, where a workman has been convicted of a criminal offence involving moral turpitude or for any other criminal act proved against him in a court of law or where the Director (Technical) is satisfied, for reasons to be recorded in writing, that it is inexpedient or against the interests or security of the company to continue the employee in service, he may be discharged or dismissed from service without notice or pay in lieu of notice.
11 Any workman involved in or charged with any criminal offence shall receive no pay while he is absent as a result of such involvement. If, the court adjudges him guilty, his services will be terminated immediately without notice or pay in lieu of notice. If however, he is acquitted, he may be allowed to resume work, the period of his absence being treated as leave without pay. Notwithstanding, anything contained herein before, the company shall have the right to take appropriate disciplinary action against the workman if his acts or omissions which are the subject matter of the criminal proceedings, for misconduct under these standing orders and if he is found guilty of misconduct in accordance with the provisions of these standing orders, he shall be liable to be punished accordingly whatever may be the result of the proceedings in the court.
From India, Chandigarh
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