Please brief me exact procedure of termination of employee.
From India, Vadodara
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6From India, Vadodara
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Action steps towards termination of employment for indiscipline or acts of alleged misconduct include:
1. Framing charges of misconduct with date, time, place, and the act per se of the alleged misconduct.
2. Issuing a charge sheet or explanation-seeking letter informing the employed person of the allegations leveled, which constitute misconduct, quoting the standing order or service rules under which they are liable to disciplinary action. Advising the delinquent employed person to submit their defense as to why no disciplinary action is due.
3. Upon receipt of an explanation/reply in defense, the disciplining authority (punishing authority) needs to appoint an inquiry officer and nominate another management representative to present management's case during domestic inquiry proceedings. Inform the delinquent employee to participate in the inquiry on the date, time, and place scheduled by the inquiry officer/committee.
4. The inquiry must be conducted following the twin principles of natural justice and the inquiry procedures prescribed for domestic inquiries. During this, all reasonable opportunities should be given to the delinquent to defend their alleged actions, including cross-examination of witnesses and evidence.
5. On the conclusion of the inquiry proceedings, the inquiry officer/committee must submit an inquiry report with conclusive and definite findings to the appointing authority, who shall apply their mind to the findings and decide to award proportionate punishment or order condonation, as the case may be. Before awarding the final punishment, provide a copy of the findings to the delinquent to submit their representation, if any, against the inquiry findings.
For further clarity, please refer to the provisions of the standing order or service rules applicable to the delinquent and especially our Supreme Court's ruling regarding disciplinary action.
In case the misconduct under reference falls under the SHWW (P,P & R) Act 2013, after issuing a charge sheet and receiving written explanations from the employee-respondent, forward the two documents to the internal committee constituted at the establishment.
Harsh Kumar Sharan,
Kritarth Team
14.7.2020
From India, Delhi
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1. Framing charges of misconduct with date, time, place, and the act per se of the alleged misconduct.
2. Issuing a charge sheet or explanation-seeking letter informing the employed person of the allegations leveled, which constitute misconduct, quoting the standing order or service rules under which they are liable to disciplinary action. Advising the delinquent employed person to submit their defense as to why no disciplinary action is due.
3. Upon receipt of an explanation/reply in defense, the disciplining authority (punishing authority) needs to appoint an inquiry officer and nominate another management representative to present management's case during domestic inquiry proceedings. Inform the delinquent employee to participate in the inquiry on the date, time, and place scheduled by the inquiry officer/committee.
4. The inquiry must be conducted following the twin principles of natural justice and the inquiry procedures prescribed for domestic inquiries. During this, all reasonable opportunities should be given to the delinquent to defend their alleged actions, including cross-examination of witnesses and evidence.
5. On the conclusion of the inquiry proceedings, the inquiry officer/committee must submit an inquiry report with conclusive and definite findings to the appointing authority, who shall apply their mind to the findings and decide to award proportionate punishment or order condonation, as the case may be. Before awarding the final punishment, provide a copy of the findings to the delinquent to submit their representation, if any, against the inquiry findings.
For further clarity, please refer to the provisions of the standing order or service rules applicable to the delinquent and especially our Supreme Court's ruling regarding disciplinary action.
In case the misconduct under reference falls under the SHWW (P,P & R) Act 2013, after issuing a charge sheet and receiving written explanations from the employee-respondent, forward the two documents to the internal committee constituted at the establishment.
Harsh Kumar Sharan,
Kritarth Team
14.7.2020
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf