Hi all,
I just need clarification. If a worker is not satisfied with the disciplinary action taken by the employer, what rights are preserved for the workers to appeal against the disciplinary action?
Thank you.
From India, Mumbai
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1I just need clarification. If a worker is not satisfied with the disciplinary action taken by the employer, what rights are preserved for the workers to appeal against the disciplinary action?
Thank you.
From India, Mumbai
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Dear Guidance-Seeker,
Your Query: What if a worker is not satisfied with disciplinary action taken by the employer, then what rights are preserved for workers to appeal against disciplinary action?
Kritarth Team Clarifies: "The practice of a proposed punishment letter/communication to be issued by the employer/punishing authority before awarding the quantum of punishment was a healthy practice. The following sequential steps would be taken:
1. The punishing authority will apply his/her mind to the inquiry report with definite and conclusive findings of the inquiry officer/committee; and
2. Decide on/about the punishment proportionate to the gravity of the proven misconduct; and
3. Inform the concerned employee/worker thereof and allow him/her to submit his/her representation against the proposed punishment, stating reasons/justifying why a lesser punishment should be awarded or condonation granted, in lieu of the proposed punishment, and assure the addressee that his/her representation shall be duly considered (here lies the credibility of the employer/management) before issuing the final order; and
4. Actually and genuinely consider the representation before passing the final order.
This system almost eliminates arbitrariness that may occur due to work pressures, variable mood, etc. Being fair, proper, and just in disciplining is and remains elusive, oftentimes leading to ignoring the purpose of disciplining, which is correcting behavior.
Kritarth Team of Management Systems Therapist
24 Feb 2019
ETC
From India, Delhi
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Your Query: What if a worker is not satisfied with disciplinary action taken by the employer, then what rights are preserved for workers to appeal against disciplinary action?
Kritarth Team Clarifies: "The practice of a proposed punishment letter/communication to be issued by the employer/punishing authority before awarding the quantum of punishment was a healthy practice. The following sequential steps would be taken:
1. The punishing authority will apply his/her mind to the inquiry report with definite and conclusive findings of the inquiry officer/committee; and
2. Decide on/about the punishment proportionate to the gravity of the proven misconduct; and
3. Inform the concerned employee/worker thereof and allow him/her to submit his/her representation against the proposed punishment, stating reasons/justifying why a lesser punishment should be awarded or condonation granted, in lieu of the proposed punishment, and assure the addressee that his/her representation shall be duly considered (here lies the credibility of the employer/management) before issuing the final order; and
4. Actually and genuinely consider the representation before passing the final order.
This system almost eliminates arbitrariness that may occur due to work pressures, variable mood, etc. Being fair, proper, and just in disciplining is and remains elusive, oftentimes leading to ignoring the purpose of disciplining, which is correcting behavior.
Kritarth Team of Management Systems Therapist
24 Feb 2019
ETC
From India, Delhi
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Dear Ajit,
A punishment awarded to an employee carries with it a stigma that can affect his career prospects or future employment elsewhere. Therefore, when an employee, regardless of his employment status, is subjected to disciplinary action and given a punishment by the Disciplinary Authority, he may feel aggrieved about the severity of the punishment being disproportionate or the manner in which the disciplinary proceedings were conducted, viewing the entire action as a form of victimization. In such a scenario, an appeal against the punishment naturally follows.
The appeal against the punishment awarded in disciplinary proceedings to a worker lies with the Appellate Authority, if provided for in the Standing Orders or Service Regulations of the organization. Otherwise, the worker must seek statutory remedies only.
The statutory remedy for appealing against punishment awarded to a worker varies depending on the type of punishment given. If the punishment is dismissal, the worker can utilize the appeal provisions within the specified time limit, as per the establishment-specific labor law applicable to his workplace. Examples include State Shops and Establishments Acts, Beedi and Cigar Workers Act, 1966, etc. Otherwise, the worker must raise a dispute under Section 2-A(1) of the Industrial Disputes Act, 1947, within three years from the date of dismissal, discharge, retrenchment, etc., resulting in his unemployment.
For any other punishments like punitive suspension, stoppage of increment, demotion, and similar actions, the worker should approach his trade union to advocate for his case. The concerned trade union is expected to raise a dispute under Section 2(k) of the ID Act, 1947, before the area conciliation officer. If conciliation efforts fail, the dispute will be referred for adjudication.
Thank you.
From India, Salem
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A punishment awarded to an employee carries with it a stigma that can affect his career prospects or future employment elsewhere. Therefore, when an employee, regardless of his employment status, is subjected to disciplinary action and given a punishment by the Disciplinary Authority, he may feel aggrieved about the severity of the punishment being disproportionate or the manner in which the disciplinary proceedings were conducted, viewing the entire action as a form of victimization. In such a scenario, an appeal against the punishment naturally follows.
The appeal against the punishment awarded in disciplinary proceedings to a worker lies with the Appellate Authority, if provided for in the Standing Orders or Service Regulations of the organization. Otherwise, the worker must seek statutory remedies only.
The statutory remedy for appealing against punishment awarded to a worker varies depending on the type of punishment given. If the punishment is dismissal, the worker can utilize the appeal provisions within the specified time limit, as per the establishment-specific labor law applicable to his workplace. Examples include State Shops and Establishments Acts, Beedi and Cigar Workers Act, 1966, etc. Otherwise, the worker must raise a dispute under Section 2-A(1) of the Industrial Disputes Act, 1947, within three years from the date of dismissal, discharge, retrenchment, etc., resulting in his unemployment.
For any other punishments like punitive suspension, stoppage of increment, demotion, and similar actions, the worker should approach his trade union to advocate for his case. The concerned trade union is expected to raise a dispute under Section 2(k) of the ID Act, 1947, before the area conciliation officer. If conciliation efforts fail, the dispute will be referred for adjudication.
Thank you.
From India, Salem
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Dear Ajit,
The aggrieved employee must cite reasons for his dissatisfaction and appeal to the Punishing Authority to review the decision. This step is within the organization. If he is still not satisfied with the decision after review, he can seek remedy under the relevant Act.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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The aggrieved employee must cite reasons for his dissatisfaction and appeal to the Punishing Authority to review the decision. This step is within the organization. If he is still not satisfied with the decision after review, he can seek remedy under the relevant Act.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Dear Ajit,
Good inputs from seniors. I may have to say that your query does not offer full details. It is not clear at which stage of the disciplinary action the employee is dissatisfied with it. If he is dissatisfied at the Charge-sheet stage with regard to any vague details contained therein or jurisdiction of the competent authority to issue charge-sheet, he can record his objections in his reply to the charge-sheet. If he is dissatisfied at the inquiry stage with regard to the manner in which the inquiry is conducted or other matters like bias in adjournments or with regard to a defense representative, he can raise an objection before the Inquiry officer and get it recorded and seek a ruling of I.O on it. If it is at the stage of penalty, then he can prefer an appeal to the appellate authority as per service rules/SOs, praying for quashing or commuting the penalty. If all these measures fail, he can raise an ID as Mr. Umakantan suggested under Sec.2A of the ID Act.
B. Saikumar HR & Labour Relations Consultant
From India, Mumbai
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Good inputs from seniors. I may have to say that your query does not offer full details. It is not clear at which stage of the disciplinary action the employee is dissatisfied with it. If he is dissatisfied at the Charge-sheet stage with regard to any vague details contained therein or jurisdiction of the competent authority to issue charge-sheet, he can record his objections in his reply to the charge-sheet. If he is dissatisfied at the inquiry stage with regard to the manner in which the inquiry is conducted or other matters like bias in adjournments or with regard to a defense representative, he can raise an objection before the Inquiry officer and get it recorded and seek a ruling of I.O on it. If it is at the stage of penalty, then he can prefer an appeal to the appellate authority as per service rules/SOs, praying for quashing or commuting the penalty. If all these measures fail, he can raise an ID as Mr. Umakantan suggested under Sec.2A of the ID Act.
B. Saikumar HR & Labour Relations Consultant
From India, Mumbai
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