Hi,
Could anyone provide input on the necessary steps to be taken for termination of a "Protected Workmen" on account of misconduct? Is there any difference in approaching these situations compared to the termination of other employees on account of misconduct?
Regards,
Mahesh
7259650011
From India, Mangaluru
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1Could anyone provide input on the necessary steps to be taken for termination of a "Protected Workmen" on account of misconduct? Is there any difference in approaching these situations compared to the termination of other employees on account of misconduct?
Regards,
Mahesh
7259650011
From India, Mangaluru
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There is no legal complication in terminating a protected workman for charges of misconduct provided the charges are proved in the enquiry. Section 33(3) of the Industrial Disputes Act only provides that while a dispute is pending conciliation before a conciliation officer or labor court or tribunal, he should not be terminated for his involvement in that dispute. The Act also provides that termination or transfer can be made after taking approval from the conciliation machinery under whom the dispute is being heard.
Madhu.T.K: PROTECTED WORKMEN
Madhu.T.K
From India, Kannur
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Madhu.T.K: PROTECTED WORKMEN
Madhu.T.K
From India, Kannur
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Dear Mr. Mahesh, Industrial Disputes Act covered these provisions. You may go through and related case laws and this will provide to good understanding.
From India, Hyderabad
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From India, Hyderabad
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The Act also provides that termination or transfer can be made after taking approval from the conciliation machinery under whom the dispute is being heard.
How tough is it to convince the conciliation machinery when an ID case is pending in courts is known to the HR community. Only genuine cases are tried for misconduct. Enquiries with loopholes lack credibility.
VOIP IT union 9444764983
From India, Chennai
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How tough is it to convince the conciliation machinery when an ID case is pending in courts is known to the HR community. Only genuine cases are tried for misconduct. Enquiries with loopholes lack credibility.
VOIP IT union 9444764983
From India, Chennai
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There is no legal complication in terminating a protected workman for charges of misconduct provided the charges are proved in the enquiry.
It can be easy from the management's part to engage in corruption within the labor department. It can be easy for the management to manipulate the enquiry for misconduct by presenting false evidence or witnesses through mere oral submissions or statements. The enquiry must be proven beyond a reasonable doubt with concrete evidence, and the employee should be given the opportunity for cross-examination.
There are many instances where employers must substantiate charges beyond a reasonable doubt.
VOIP IT Union 9444764983
From India, Chennai
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It can be easy from the management's part to engage in corruption within the labor department. It can be easy for the management to manipulate the enquiry for misconduct by presenting false evidence or witnesses through mere oral submissions or statements. The enquiry must be proven beyond a reasonable doubt with concrete evidence, and the employee should be given the opportunity for cross-examination.
There are many instances where employers must substantiate charges beyond a reasonable doubt.
VOIP IT Union 9444764983
From India, Chennai
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RS - Amendment in Inter State Migrant Workmen Act 1979 - (1.12.2010).pdf
Termination letter.doc