Hi,
Could anyone provide input on necessary steps to be taken for Termination of a "Protected workmen" on account of misconduct..
Is there any difference in approching these situations in comparison to other employees termination on account of misconduct?
Rgds
Mahesh
7259650011
From India, Mangaluru
1Could anyone provide input on necessary steps to be taken for Termination of a "Protected workmen" on account of misconduct..
Is there any difference in approching these situations in comparison to other employees termination on account of misconduct?
Rgds
Mahesh
7259650011
From India, Mangaluru
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 labour 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
Madhu.T.K: PROTECTED WORKMEN
Madhu.T.K
From India, Kannur
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 to convince conciliation machinery when ID case is pending in courts is known to HR community. Only genuine cases is tried for misconduct. Enquiry with loopholes lack credibility
VOIP IT union
9444764983
From India, Chennai
How tough is to convince conciliation machinery when ID case is pending in courts is known to HR community. Only genuine cases is tried for misconduct. Enquiry with loopholes lack credibility
VOIP IT union
9444764983
From India, Chennai
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 management part to foulplay with corruption in labour department.
it can be easy to highlight from management that enquiry for Misconduct is proved with false evidences or witnesses with mere oral submission or oral statements.
Enquiry has to be proved beyond reasonable doubt with evidences . cross examination opportunity has to be provided to employee .
There are many cases for employer where charges to be proved beyond reasonable doubt .
VOIP IT Union
9444764983
From India, Chennai
It can be easy from management part to foulplay with corruption in labour department.
it can be easy to highlight from management that enquiry for Misconduct is proved with false evidences or witnesses with mere oral submission or oral statements.
Enquiry has to be proved beyond reasonable doubt with evidences . cross examination opportunity has to be provided to employee .
There are many cases for employer where charges to be proved beyond reasonable doubt .
VOIP IT Union
9444764983
From India, Chennai
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