Dear All,
There was an incident inside the factory premises in our company. I need to get the legal procedure as per labour laws. The incident is briefed below.
Two workmen were quarelling and slapping each other due to work related issues. Since I am new to manufacturing industry, Kindly Let me know the procedure to be followed.
Regards,
Vinay
From India, Bangalore
There was an incident inside the factory premises in our company. I need to get the legal procedure as per labour laws. The incident is briefed below.
Two workmen were quarelling and slapping each other due to work related issues. Since I am new to manufacturing industry, Kindly Let me know the procedure to be followed.
Regards,
Vinay
From India, Bangalore
477
Dear Vinay,
Take action in accordance with your Certified Standing Orders/ Model S O as the case may be if your unit is covered under The Industrial Employment(SO) Act, 1946 for this misconduct. If your unit is not covered under this Act then you have to take action in accordance with the terms & conditions of employment.
With Regards,
R.N.Khola
From India, Delhi
Take action in accordance with your Certified Standing Orders/ Model S O as the case may be if your unit is covered under The Industrial Employment(SO) Act, 1946 for this misconduct. If your unit is not covered under this Act then you have to take action in accordance with the terms & conditions of employment.
With Regards,
R.N.Khola
From India, Delhi
With assumption that your factory is covered under The industrial employement (Standing Orders) Act. In that case i assume that you follow the model standing orders. In that case you issue a show-cause notice to both of them for their misconduct. After receiving explanation from them, if they admit their misconduct you can take lenient view and let them go with warning letter, if they do not admit or accuse each other, issue charge sheet and conduct domestic inquiry and follow the procedure. If you have more queries feel free to ask.
K R Ambalia
Sr. Officer (HR & ADM)
Mother Dairy, Gandhinagar
From India, Ahmedabad
K R Ambalia
Sr. Officer (HR & ADM)
Mother Dairy, Gandhinagar
From India, Ahmedabad
Dear Mr. Vinay,
You have to obtain a written complaint from the dupervisor or HOD and basing on that you need to issue a charge sheet asking for their explanation with in next three working days. You have to specifically mention under which clause the act is indiscipline / misconduct ( if you have a certified standing orders ok otherwise follow the model standing orders and issue charge sheet). Up on receiving the explantion then basing on their explanation ( if they accepted their mistake and asking for pardon then discuss with your superiors and issue a serious warning letter and if they are not feeling guilty of the incident then go for domestic enquiry). For domestic enquiry you need to deploy an enquiry officer and the same need to be communicated to the deliquent employees. The enquiry officer will communicate the date, time and venue to the workmen and continue the enquiry and submit the report, basing on the report issue show cause notice and award punishment.
Regards - kameswarao
From India, Hyderabad
You have to obtain a written complaint from the dupervisor or HOD and basing on that you need to issue a charge sheet asking for their explanation with in next three working days. You have to specifically mention under which clause the act is indiscipline / misconduct ( if you have a certified standing orders ok otherwise follow the model standing orders and issue charge sheet). Up on receiving the explantion then basing on their explanation ( if they accepted their mistake and asking for pardon then discuss with your superiors and issue a serious warning letter and if they are not feeling guilty of the incident then go for domestic enquiry). For domestic enquiry you need to deploy an enquiry officer and the same need to be communicated to the deliquent employees. The enquiry officer will communicate the date, time and venue to the workmen and continue the enquiry and submit the report, basing on the report issue show cause notice and award punishment.
Regards - kameswarao
From India, Hyderabad
Vinay, do you want to be spoon-fed kid?
It happened at your site and you will be the person in charge to see what is good for the company as well as the unit? Do you want, we as a thrid party, will provide you the sheet of questions that you can raise from both the guys. Since you are in-charge, treat yourself as father and the other 2 guys are your child and ask the questions just like the Kids fought?
From India, Pune
It happened at your site and you will be the person in charge to see what is good for the company as well as the unit? Do you want, we as a thrid party, will provide you the sheet of questions that you can raise from both the guys. Since you are in-charge, treat yourself as father and the other 2 guys are your child and ask the questions just like the Kids fought?
From India, Pune
1. Suspend the two workmen immediately.
2. Obtain written reports from those who witnessed the incident.
3. Charge sheet the two workmen involved.
4. Institute a Domestic Enquiry against them.
5. Take action after findings of the EO are obtained.
Refer to your Standing Orders if your Co. has one.
Best Wishes,
Vasant Nair
09717726667
From India, Mumbai
2. Obtain written reports from those who witnessed the incident.
3. Charge sheet the two workmen involved.
4. Institute a Domestic Enquiry against them.
5. Take action after findings of the EO are obtained.
Refer to your Standing Orders if your Co. has one.
Best Wishes,
Vasant Nair
09717726667
From India, Mumbai
Fighting, slapping each other or physically assaulting a co-worker are acts serious misconduct. This requires proper disciplinary action.
What you have suggested in not a very correct appreciation of the mis-conduct committed.
Vasant Nair
From India, Mumbai
What you have suggested in not a very correct appreciation of the mis-conduct committed.
Vasant Nair
From India, Mumbai
Good advice. However, I feel that in view of the seriousness of the charges, the concerned workmen should be immediately suspended pending further action as suggested by you.
Best Wishes,
Vasant Nair
From India, Mumbai
Best Wishes,
Vasant Nair
From India, Mumbai
Dear Mr.Vinay
Pl take deciplnary action as per Standing orders of the company. Slapping incident i would like to attribute it as"assault". this should be viewe serioulsy. Pl obtain a wriiten complaint from concerned supervsors. Hold a prelimanary investigation and take appropriate action as per the provisions. Any lenient handling will give a feeler that emplyees can resort to direct and desirable actions and situation may go out of control. Handling can be fair,but not father and children attitude. Work related issues or anything should be brought to the notice of higher ups/concerned and not directions. This should be curbed in the first reported instance its self.
Regards
BR Mohan
BAngalore
From India, Bangalore
Pl take deciplnary action as per Standing orders of the company. Slapping incident i would like to attribute it as"assault". this should be viewe serioulsy. Pl obtain a wriiten complaint from concerned supervsors. Hold a prelimanary investigation and take appropriate action as per the provisions. Any lenient handling will give a feeler that emplyees can resort to direct and desirable actions and situation may go out of control. Handling can be fair,but not father and children attitude. Work related issues or anything should be brought to the notice of higher ups/concerned and not directions. This should be curbed in the first reported instance its self.
Regards
BR Mohan
BAngalore
From India, Bangalore
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