How many days after any event, the company can take some action. Whether it is theft or anything big crime
From India, Pune
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From India, Pune
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As soon as the Act of Misconduct committed is Reported or Brought to the Notice of Employer/Disciplining Authority. Team Kritarth, 4 Dec 2020, Bengaluru Assistance Centre
From India, Delhi
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214From India, Delhi
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Is any Maximum time limit for serious misconduct like theft ,fraud or any othet
From India, Pune
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From India, Pune
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Though there is no time limit, the action shall be initiated as soon as possible on it coming to notice. While delay in disciplinary action in cases like absenteeism, neglect of work, or bad behavior is not justified as the act of delinquency and the delinquent are apparent, acts like theft or fraud may require some time for investigation to find prima facie evidence against an employee to charge him with theft as nobody admits theft and to establish ownership of the property stolen, etc. Similarly, fraud might involve inspection of documents to track the money trail and examination of witnesses and may require some time. It is necessary to fix ascertain a time limit to complete the investigation initiated to avoid delay. Prolonged delays may allow a chance for the delinquent to tamper with evidence and manipulate witnesses. Hence the need for prompt action.
B. Saikumar HR & Labour Relations Adviser
From India, Mumbai
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B. Saikumar HR & Labour Relations Adviser
From India, Mumbai
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Delay in taking action without having justification can also give the impression that management's hand was not clean. Taking time to do the homework of getting evidence and verifying facts before taking action can be justified if there is a documentary trail. While action should never be hasty, it should avoid being unduly delayed also. The aspect of condonation can also come into play.
From India, Pune
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From India, Pune
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Hi!
Disciplinary action must always have a prescribed period relative to the validity of any action that can be taken against those who are alleged to be involved in the commission of any infraction. This is to ensure that witnesses, documents, and facts will not be compromised due to any deliberate delay in the investigation of the said case. It will also provide the accused employee with due process to defend himself against any unfair allegations. The optimal timeline is 3 months for minor offenses and 6 months for serious offenses.
Best regards.
From Philippines, Parañaque
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Disciplinary action must always have a prescribed period relative to the validity of any action that can be taken against those who are alleged to be involved in the commission of any infraction. This is to ensure that witnesses, documents, and facts will not be compromised due to any deliberate delay in the investigation of the said case. It will also provide the accused employee with due process to defend himself against any unfair allegations. The optimal timeline is 3 months for minor offenses and 6 months for serious offenses.
Best regards.
From Philippines, Parañaque
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What Ed Llarena from the Philippines stated is a valid point. However, in India, under the labor laws, no such time limit is prescribed. Hence, the disciplinary proceedings must be commenced as and when the same is brought to the notice of the concerned authorities. A final decision on the matter has to be taken without any influence by the concerned disciplinary authority as soon as either the guilt is admitted by the accused or the inquiry report is received, whichever is earlier.
A situation like fraud, etc., might require time to verify the documents and bring out the evidence. So, as Nathrao said, "Taking time to do the homework of gathering evidence and verifying facts before taking action can be justified." However, I do not agree with the last part of the sentence "if there is a documentary trail," as this is the responsibility of the presenting officer in an inquiry.
From India, Ernakulam
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A situation like fraud, etc., might require time to verify the documents and bring out the evidence. So, as Nathrao said, "Taking time to do the homework of gathering evidence and verifying facts before taking action can be justified." However, I do not agree with the last part of the sentence "if there is a documentary trail," as this is the responsibility of the presenting officer in an inquiry.
From India, Ernakulam
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Disciplinary proceedings must be initiated as soon as the indiscipline/misconduct is reported to the competent authority/deciding authority of the organization. Depending upon the gravity of the misconduct, the time taken for awarding punishment may vary, based on the inquiry proceedings.
From India, Aizawl
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From India, Aizawl
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