Dear All; If somebody is denying to sign a warning letter (For misbehaviour/fighting) in the factory what action HR should take as per legal point of view?
Can we impose fine on the same or advise any other action on the same?
From India, Mumbai
6Can we impose fine on the same or advise any other action on the same?
From India, Mumbai
Hi Mr. Vivek,
I understand your matter very well. You need to talk with the employee in very polite manner who done this act and take signature on the warning letter. I want to clear you that warning letter is not a decision. It only show misconduct done by the employee. You need to tell them that he can put his reply within 24-72 hours(Depending on misconduct type). If his reply not satisfied then the domestic inquiries will be happen and further process will be happen. If he deny for that need to stop his entry in your premises with the help of security guards or take police help.
Thanks & Regards,
Ravi Khandelwal
From India, Bhopal
I understand your matter very well. You need to talk with the employee in very polite manner who done this act and take signature on the warning letter. I want to clear you that warning letter is not a decision. It only show misconduct done by the employee. You need to tell them that he can put his reply within 24-72 hours(Depending on misconduct type). If his reply not satisfied then the domestic inquiries will be happen and further process will be happen. If he deny for that need to stop his entry in your premises with the help of security guards or take police help.
Thanks & Regards,
Ravi Khandelwal
From India, Bhopal
Hi Vivek,
I had a similar situation a couple of months back.
As the employee refused to sign the letter, we simply sent him another letter informing him that the warning still stands and that it will be placed on file for a period of 12 months and should another incident occur then the first incident will be taken into account in reaching a decision. In that letter we also gave a one time opportunity to give reasons for not signing and placing a time limit of one week for the reply.
I hope the above helps.
Regards
Harsh
From United Kingdom, Barrow
I had a similar situation a couple of months back.
As the employee refused to sign the letter, we simply sent him another letter informing him that the warning still stands and that it will be placed on file for a period of 12 months and should another incident occur then the first incident will be taken into account in reaching a decision. In that letter we also gave a one time opportunity to give reasons for not signing and placing a time limit of one week for the reply.
I hope the above helps.
Regards
Harsh
From United Kingdom, Barrow
Vivek - this matter is related to workplace conduct and behaviour. This may be resolved with your internal handling mechanisms.
Workplace/ factory altercations are common, more so from a conduct perspective. In service-based organization's, it is handled on a 'zero-tolerance' basis. In a factory set-up, the same practices may be followed but with extra precautions and factors in mind.
Practical advice - please involve the floor HR/ supervisor in this matter, two verbal warnings usually are provided, after which first warning letter is issued. If the issue still persists, the factory management may resort to providing the second warning letter or may terminate the worker directly and settle his due wages till last working day.
Worker should be provided with all the reasons why the factory management considers him unfit for this job and how negative decorum is affecting the factory working ethics and environment.
A worker is bound to provide replies to the questions raised by the factory management, if not, then it is upto the factory management to initiate a legal action against the non-compliant worker. Please proceed with utmost caution while dealing with this case.
Thank you.
From India, Delhi
Workplace/ factory altercations are common, more so from a conduct perspective. In service-based organization's, it is handled on a 'zero-tolerance' basis. In a factory set-up, the same practices may be followed but with extra precautions and factors in mind.
Practical advice - please involve the floor HR/ supervisor in this matter, two verbal warnings usually are provided, after which first warning letter is issued. If the issue still persists, the factory management may resort to providing the second warning letter or may terminate the worker directly and settle his due wages till last working day.
Worker should be provided with all the reasons why the factory management considers him unfit for this job and how negative decorum is affecting the factory working ethics and environment.
A worker is bound to provide replies to the questions raised by the factory management, if not, then it is upto the factory management to initiate a legal action against the non-compliant worker. Please proceed with utmost caution while dealing with this case.
Thank you.
From India, Delhi
1.Have you received any report from the concerned dept/area supervisor of the incident.
2.If yes, then have you conducted preliminary enquiry which is known as fact finding procedure.
3.If the misconduct / misbehaviour happend the same must have incorporated in your Standing Orders if its not so then your any action against the misbehaved workmen can get challenge in the court of law.
4.Warning letter normally get issued when the misbehaved workman has admitted his misconduct. From your post its not clear.
5.After the preliminary enquiry if the misconduct found which may be witnessed by other same shift workmen and supervisor then you can go for show cause or show cause come chargesheet notice which must include date, time place type of misconduct under which clause and sub clause and the most important the notice can be issue by controlling authority and punishment can be given only by appointing authority.In evry stage you should have to give sufficient time to the workman to give his explanantion which is MUST as per the provision of Principal of Natural Justice.
I hope you must have followed all this before any legal action.The learned members can guide you more.Tku.
From India, Pune
2.If yes, then have you conducted preliminary enquiry which is known as fact finding procedure.
3.If the misconduct / misbehaviour happend the same must have incorporated in your Standing Orders if its not so then your any action against the misbehaved workmen can get challenge in the court of law.
4.Warning letter normally get issued when the misbehaved workman has admitted his misconduct. From your post its not clear.
5.After the preliminary enquiry if the misconduct found which may be witnessed by other same shift workmen and supervisor then you can go for show cause or show cause come chargesheet notice which must include date, time place type of misconduct under which clause and sub clause and the most important the notice can be issue by controlling authority and punishment can be given only by appointing authority.In evry stage you should have to give sufficient time to the workman to give his explanantion which is MUST as per the provision of Principal of Natural Justice.
I hope you must have followed all this before any legal action.The learned members can guide you more.Tku.
From India, Pune
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