Dear Seniors,
Greetings of the day....!!!
Are there any circumstances where the employee would be dismissed/ terminated without resorting / conducting domestic enquiry by the principal employer?
Thanks in anticipation....
From India, Pune
467Greetings of the day....!!!
Are there any circumstances where the employee would be dismissed/ terminated without resorting / conducting domestic enquiry by the principal employer?
Thanks in anticipation....
From India, Pune
Yes there are certain circumstances where the employee would be dismissed/terminated without resorting/conducting domestic enquiry by the principal employer. Domestic enquiry can be done for those act/crime which is done within the employer premises and during the course of employment. For example a punishable judgement from the court of law for an act/crime done before joing the company.
From India, Ahmadabad
From India, Ahmadabad
Whose employee and why principal employer.what about immediate employer. The post is not clear. B.Saikumar
From India, Mumbai
From India, Mumbai
Dear Prashant,
If the offence is committed within the 'premises' 'precincts' of the Factory/office, in the course of employment, dismissal (pending inquiry) without conducting a formal inquiry as provided for under Standing Order is not maintainable before law. Any action devoid of DE cannot be defended in a court. Natural justice should prevail.
kumar.s.
From India, Bangalore
If the offence is committed within the 'premises' 'precincts' of the Factory/office, in the course of employment, dismissal (pending inquiry) without conducting a formal inquiry as provided for under Standing Order is not maintainable before law. Any action devoid of DE cannot be defended in a court. Natural justice should prevail.
kumar.s.
From India, Bangalore
An employee can be terminated without DE in exceptional situations .But when it is challenged in court the matter will be open before the court.The employer has to prove the guilt with evidences .The employee also will adduce evidence.But the termination sans enquiry is risky.Always better to go for DE.But an employee can be terminated without DE at the end of his fixed term appointment or as per a clause in the agreement,when an establishment is closed or transferred or employee is retrenched the employee unauthorisedly absenting for many years .
VARGHESE MATHEW
From India, Thiruvananthapuram
VARGHESE MATHEW
From India, Thiruvananthapuram
Dear Prashant;
Read all views so far. Domestic enquiry renders an opportunity for the employer to be sure that the employee is at fault and needs punishment. In direct action, there is a chance that the employer is wrong. But at times employee does not cooperate in the conduct of domestic enquiry. Either he remains absent, threatens EO or MR or witnesses, etc. in that case action of dismissal can be taken with due notice to that employee and the further evidence can be lead in the court. In the court additionally the employer will have to prove as to how it was not possible for him for conduct a domestic enquiry.
In any case the enquiry is to be ordered by the employer not the principal employer or any other person. Manager of the organisation is authorised to issue chargesheet and notice of enquiry.
Vibhakar Ramtirthkar.
From India, Pune
Read all views so far. Domestic enquiry renders an opportunity for the employer to be sure that the employee is at fault and needs punishment. In direct action, there is a chance that the employer is wrong. But at times employee does not cooperate in the conduct of domestic enquiry. Either he remains absent, threatens EO or MR or witnesses, etc. in that case action of dismissal can be taken with due notice to that employee and the further evidence can be lead in the court. In the court additionally the employer will have to prove as to how it was not possible for him for conduct a domestic enquiry.
In any case the enquiry is to be ordered by the employer not the principal employer or any other person. Manager of the organisation is authorised to issue chargesheet and notice of enquiry.
Vibhakar Ramtirthkar.
From India, Pune
Dear Prashant,
The post is not clear to me. do you want to ask whether principle employer can terminate contract worker without having domestic enquiry?
Clear my doubt then we may answer to it properly.
The doubt I get only because you have mentioned word "Principal Employer"
Arun J.
From India, Hyderabad
The post is not clear to me. do you want to ask whether principle employer can terminate contract worker without having domestic enquiry?
Clear my doubt then we may answer to it properly.
The doubt I get only because you have mentioned word "Principal Employer"
Arun J.
From India, Hyderabad
Sir, I want to say Principal employer = employer I hope this is clear now........................................................
From India, Pune
From India, Pune
Direct termination / dismissal is resorted only in exceptional severe circumstances. If the charges are serious the employee can suspended pending further proceedings and domestic enquiry can be conducted. Even in extreme circumstances where such drastic action is necessary, the principles of natural justice to be followed, like asking explanation to show cause notice, asking explanation for the 2nd show cause notice intimating the proposed direct termination, and the final order should be speaking order justifying the said direct action. The management should be prepared to participate in full fledged enquiry in the Labour Court on the matter and there the verdict may go against the Management due to lapse of few years in the Court.
M.Venkatraghavan
From India, Selam
M.Venkatraghavan
From India, Selam
Dear All;
Be it clear that pricipal employer is not employer. In case of a contract labour his employer is the contractor and principal employer is the person who employed the contractor. Principal employer has no authority over contract labour, if he has then contract labour becomes his direct employee. Action on contract labour is to be taken by employer i.e. contractor and not the principal employer.
Vibhakar Ramtirthkar
SVR Associates
HR Consultant
From India, Pune
Be it clear that pricipal employer is not employer. In case of a contract labour his employer is the contractor and principal employer is the person who employed the contractor. Principal employer has no authority over contract labour, if he has then contract labour becomes his direct employee. Action on contract labour is to be taken by employer i.e. contractor and not the principal employer.
Vibhakar Ramtirthkar
SVR Associates
HR Consultant
From India, Pune
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt