I have gone through my topics regarding disciplinary actions and domestic enquiry on citeHR. But there are many views, but I am not clear so please provide me a place (book, government site, etc.) - where I may get information about domestic inquiries, the procedure of giving a charge sheet, suspension allowance to be paid, and more related to discipline.
From India, Mathura
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From India, Mathura
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Disciplinary action is initiated against an employed person in accordance with the Standing Orders or Service Rules framed under the Shops & Establishments Act and as per the procedures laid down by the Judiciary from time to time, always in accordance with the principles of Natural Justice.
Just as swimming may not be learned by reading a book on swimming, mastery in disciplinary action including inquiry, writing inquiry reports with definite and conclusive findings, cross-examination, and punishment procedures may not be learned by reading books that prescribe guidance but by doing and learning lessons. You may participate in workshops on the subject matter.
Kritarth Team, 3.11.2018
From India, Delhi
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214Just as swimming may not be learned by reading a book on swimming, mastery in disciplinary action including inquiry, writing inquiry reports with definite and conclusive findings, cross-examination, and punishment procedures may not be learned by reading books that prescribe guidance but by doing and learning lessons. You may participate in workshops on the subject matter.
Kritarth Team, 3.11.2018
From India, Delhi
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My suggestion would be the following books:
1) "A Practical Approach to Domestic Enquiry" by Mr. D.R. K. Rao - published by Sitaram & Co, Chennai-600014.
2) "Domestic Enquiry" by Justice Markandey Katju - published by LexisNexis-Butterworths Wadhwa-Nagpur.
From India, Salem
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1) "A Practical Approach to Domestic Enquiry" by Mr. D.R. K. Rao - published by Sitaram & Co, Chennai-600014.
2) "Domestic Enquiry" by Justice Markandey Katju - published by LexisNexis-Butterworths Wadhwa-Nagpur.
From India, Salem
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I may add,
Are you a fresher, or is your firm very young not to have your Conduct & Disciplinary Rules or Standard Operating Procedures (SOPs) in vogue? To put it simply - the basic aspects are common to any type of entities and employees. These are -
1. Employee and Employer relationship
2. There shall be a competent/designated authority duly named as Disciplinary Authority, Appellate Authority.
3. You should have a well-defined, documented list of what is to be considered as 'Indiscipline' and what rules and procedures are to be adopted for trying the employees at fault.
4. There shall be alleged indiscipline, properly documented by the parties involved and forwarded by the concerned to the designated authorities for appropriate action.
5. There shall be a preliminary inquiry and a report thereon to find out whether there is 'prima facie' evidence to show 'indiscipline' to proceed further, supported by documents and witnesses.
6. Examine whether the alleged charges are trivial, which can be pardoned, or serious and need to be further investigated.
7. Arrange to issue a formal 'call for explanation' to obtain the submission of the concerned employee.
8. The Disciplinary Authority (DA) should consider the submission and determine whether the 'indiscipline' has been committed willfully or unknowingly/unintentionally and decide if it could be closed with a very minor punishment or needs further action.
9. The DA prepares the formal 'charge sheet' if the submission to the 'show cause notice' is not satisfactory and asks for a detailed reply to every point contained in the SCN.
10. Upon receipt of a reply to the show cause notice, the DA sets an advance date for recording statements of the accused, the witnesses, examination of documents, and Presenting Officers, and allows time for the submission of documents and witnesses for defense and proof.
11. Presentation by the Union representatives on behalf of the accused is permissible when all parties are present.
12. After recording proceedings on various dates, the DA corroborates the evidence, arguments, and documents, and comes to a conclusion, giving a verdict either for or against.
If you don't have Standard Operating Procedures prescribing the procedures, models made available in citeHR may be followed.
From India, Bangalore
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Are you a fresher, or is your firm very young not to have your Conduct & Disciplinary Rules or Standard Operating Procedures (SOPs) in vogue? To put it simply - the basic aspects are common to any type of entities and employees. These are -
1. Employee and Employer relationship
2. There shall be a competent/designated authority duly named as Disciplinary Authority, Appellate Authority.
3. You should have a well-defined, documented list of what is to be considered as 'Indiscipline' and what rules and procedures are to be adopted for trying the employees at fault.
4. There shall be alleged indiscipline, properly documented by the parties involved and forwarded by the concerned to the designated authorities for appropriate action.
5. There shall be a preliminary inquiry and a report thereon to find out whether there is 'prima facie' evidence to show 'indiscipline' to proceed further, supported by documents and witnesses.
6. Examine whether the alleged charges are trivial, which can be pardoned, or serious and need to be further investigated.
7. Arrange to issue a formal 'call for explanation' to obtain the submission of the concerned employee.
8. The Disciplinary Authority (DA) should consider the submission and determine whether the 'indiscipline' has been committed willfully or unknowingly/unintentionally and decide if it could be closed with a very minor punishment or needs further action.
9. The DA prepares the formal 'charge sheet' if the submission to the 'show cause notice' is not satisfactory and asks for a detailed reply to every point contained in the SCN.
10. Upon receipt of a reply to the show cause notice, the DA sets an advance date for recording statements of the accused, the witnesses, examination of documents, and Presenting Officers, and allows time for the submission of documents and witnesses for defense and proof.
11. Presentation by the Union representatives on behalf of the accused is permissible when all parties are present.
12. After recording proceedings on various dates, the DA corroborates the evidence, arguments, and documents, and comes to a conclusion, giving a verdict either for or against.
If you don't have Standard Operating Procedures prescribing the procedures, models made available in citeHR may be followed.
From India, Bangalore
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Dear Sumit,
Here is a link which had discussions on what is indiscipline & Domestic Enquiry - https://www.citehr.com/54381-miscond...-download.html.
Also, some materials are attached to help you learn more on this. Seek and learn.
From India, Bangalore
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Here is a link which had discussions on what is indiscipline & Domestic Enquiry - https://www.citehr.com/54381-miscond...-download.html.
Also, some materials are attached to help you learn more on this. Seek and learn.
From India, Bangalore
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Hi my name is ranjitha, i am working as a HR manager , as i am a fresher and i dont know how to manage the show and i dont know what all documents i have to preapre so plz help me out
From India, Kolkata
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From India, Kolkata
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Good afternoon. sir how to draft a mail to emloyess those who are comming late to the office and they should be in time
From India, Kolkata
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From India, Kolkata
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Hi Ranjitha, What type of organisation you are in and what business. What registration your orgn have and what’s your manpower strength?
From India, Bangalore
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From India, Bangalore
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Good afternoon.
Sir, how to draft an email to employees who are coming late to the office and emphasize the importance of punctuality?
In yesterday's communication from Kolkata, India, you should establish clear guidelines within your Standing Orders (SO). Define the official working hours, for example, 9 AM to 6 PM with a lunch break between 1 PM and 2 PM, and outline the consequences for tardiness. Display this information prominently on notice boards and other visible locations.
To address late arrivals:
1. Maintain a record of tardy employees through attendance tracking systems.
2. Issue a general circular warning latecomers about the repercussions, which should align with the SO guidelines.
3. Implement consequences such as:
i) Deducting half a day's leave for three or more late arrivals in a calendar month.
ii) Imposing a one-day salary deduction for repeated tardiness within consecutive months.
iii) Referring habitual offenders for disciplinary action.
Your SO clause and memos should reflect these policies:
NOTICE
Official working hours: 9 AM to 6 PM with a lunch break from 1 PM to 2 PM on weekdays. Weekly off: Sunday.
Late arrival constitutes a violation of duty and will result in disciplinary action as per our Standing Orders. Effective immediately:
i) Half a day's leave deduction for more than three late reports in a month.
ii) One-day salary cut for repeated late arrivals.
iii) Habitual offenders will face disciplinary trial.
By order,
HR Manager
cc: Notice Board, Circulation to all.
From India, Bangalore
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Sir, how to draft an email to employees who are coming late to the office and emphasize the importance of punctuality?
In yesterday's communication from Kolkata, India, you should establish clear guidelines within your Standing Orders (SO). Define the official working hours, for example, 9 AM to 6 PM with a lunch break between 1 PM and 2 PM, and outline the consequences for tardiness. Display this information prominently on notice boards and other visible locations.
To address late arrivals:
1. Maintain a record of tardy employees through attendance tracking systems.
2. Issue a general circular warning latecomers about the repercussions, which should align with the SO guidelines.
3. Implement consequences such as:
i) Deducting half a day's leave for three or more late arrivals in a calendar month.
ii) Imposing a one-day salary deduction for repeated tardiness within consecutive months.
iii) Referring habitual offenders for disciplinary action.
Your SO clause and memos should reflect these policies:
NOTICE
Official working hours: 9 AM to 6 PM with a lunch break from 1 PM to 2 PM on weekdays. Weekly off: Sunday.
Late arrival constitutes a violation of duty and will result in disciplinary action as per our Standing Orders. Effective immediately:
i) Half a day's leave deduction for more than three late reports in a month.
ii) One-day salary cut for repeated late arrivals.
iii) Habitual offenders will face disciplinary trial.
By order,
HR Manager
cc: Notice Board, Circulation to all.
From India, Bangalore
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