What should I do as a HR Manager in the following case:- If one of our employee is beaten by other organisation. Can not file the case.
From India, Pune
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1From India, Pune
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I think it can be registered as an industrial dispute with your area conciliation officer or labor court under Section 2(k) of the Industrial Disputes Act, 1947.
The definition of an industrial dispute also mentions that disputes or differences between the employer and employees connected to labor, employment, etc., will also be called as an industrial dispute. Please talk to your labor advocate regarding the same.
From India, Chennai
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The definition of an industrial dispute also mentions that disputes or differences between the employer and employees connected to labor, employment, etc., will also be called as an industrial dispute. Please talk to your labor advocate regarding the same.
From India, Chennai
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If they are relatives, then it should be dealt in collective bargaining. suspend the employee for some days without pay by giving him show cause notice and punishment order.
From India, Chennai
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From India, Chennai
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You have no role to play. Just do not encourage and get into other issues. It is for them to resolve.
From India, Chennai
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From India, Chennai
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Both have committed misconduct if The Industrial Employment (Standing Orders) Act is applicable to you. The Act is applicable to establishments that employ 100 or more workers, but many states have lowered the manpower requirement. Please check your state rules.
If applicable, you will need a written complaint from someone who witnessed the incident. Based on the complaint, a domestic inquiry can be initiated against both parties. You cannot issue even a warning letter for this unless the inquiry proceedings establish the misconduct. Initiating any action without a domestic inquiry may backfire if the accused brings the matter to the labor office.
Shrikant Prabhudesai
From India, Mumbai
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If applicable, you will need a written complaint from someone who witnessed the incident. Based on the complaint, a domestic inquiry can be initiated against both parties. You cannot issue even a warning letter for this unless the inquiry proceedings establish the misconduct. Initiating any action without a domestic inquiry may backfire if the accused brings the matter to the labor office.
Shrikant Prabhudesai
From India, Mumbai
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