Hello Seniors,
I would like to discusses one issue.We will going to terminate one permanent worker as he fight with another worker inside the factory premises.
First of all we had got a written complaint against him the another worker with whom he fight.
Immediately we had taken action and issue show cause notice to that worker.
He had given his written ans to us but in the meanwhile we had taken some statements from the witness and check his background related to this issue.
We are also having CCTV footage of this incident with us.
From last sum days we had suspend that worker.
But after all this enquiry, evidence if we terminate that worker, then is the right procedure that we had followed? Will he change our decision in the labour court?do we need to pay any compensation to him if he do so?
Regards,
Madhura Parab
From India
12I would like to discusses one issue.We will going to terminate one permanent worker as he fight with another worker inside the factory premises.
First of all we had got a written complaint against him the another worker with whom he fight.
Immediately we had taken action and issue show cause notice to that worker.
He had given his written ans to us but in the meanwhile we had taken some statements from the witness and check his background related to this issue.
We are also having CCTV footage of this incident with us.
From last sum days we had suspend that worker.
But after all this enquiry, evidence if we terminate that worker, then is the right procedure that we had followed? Will he change our decision in the labour court?do we need to pay any compensation to him if he do so?
Regards,
Madhura Parab
From India
dear madhura,
Have you issued suspension pending enquiry to the workman? In that case has the chargesheet been issued or not? In case it is a suspension pending enquiry, you are required to pay the subsistence allowance @50% wages for first 90 days, 75% for next 90 days and 100% wages thereafter, as per the provisions of standing orders act. You have to conduct a proper and fair enquiry wherein the workman should be allowed full participation with a representative of his choice. After completion of the enquiry, please issue a copy of the findings of the enquiry officer to the workman for his comments. Thereafter, examine his past record. However, if the misconduct is grave and serious and reasonably proved in the enquiry, then you can issue a termination/dismissal letter. As regards reversal of your decision by labour court, one can advise only after examining all the documents. You have to ensure that the misconduct is proved in enquiry by sufficient evidence.
From India, Pune
Have you issued suspension pending enquiry to the workman? In that case has the chargesheet been issued or not? In case it is a suspension pending enquiry, you are required to pay the subsistence allowance @50% wages for first 90 days, 75% for next 90 days and 100% wages thereafter, as per the provisions of standing orders act. You have to conduct a proper and fair enquiry wherein the workman should be allowed full participation with a representative of his choice. After completion of the enquiry, please issue a copy of the findings of the enquiry officer to the workman for his comments. Thereafter, examine his past record. However, if the misconduct is grave and serious and reasonably proved in the enquiry, then you can issue a termination/dismissal letter. As regards reversal of your decision by labour court, one can advise only after examining all the documents. You have to ensure that the misconduct is proved in enquiry by sufficient evidence.
From India, Pune
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