Hi All, For domestic enquiry conducted against women employee for a specific misconduct of absenteeism, I would like to know what could be the management's committee formation in general disciplinary issues like absenteeism. Is it mandatory to include women employee for general misconduct? Please suggest.
From India, Bangalore
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From India, Bangalore
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The formation of a committee for a domestic enquiry into a case of absenteeism, irrespective of the gender of the employee, should be done in accordance with the principles of natural justice. This means that the committee should be unbiased and provide a fair chance for the accused employee to present their case.
In terms of the composition of the committee, there is no legal requirement in India that mandates the inclusion of a female employee in the committee for general misconduct cases. However, in cases of sexual harassment at the workplace, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, mandates that the Internal Complaints Committee (ICC) should be headed by a woman and at least half of its members should be women.
In the case of absenteeism, the committee should ideally include members who are well-versed in the company's policies and labour laws. This could include HR professionals, a representative of the management, and possibly a neutral third party (like a legal advisor or an industry expert) to ensure fairness.
Here's a step-by-step action plan:
1. Identify the members: Select individuals who are knowledgeable about the company's policies and labour laws.
2. Communicate: Inform the selected members about their role in the committee. Also, inform the accused employee about the formation of the committee and their rights during the enquiry.
3. Conduct the enquiry: Ensure that the proceedings are conducted in a fair and transparent manner. The accused employee should be given a chance to present their case and any evidence they might have.
Additional tips: Always document the proceedings of the enquiry. This will be useful in case of any legal complications later. Avoid any form of bias in the enquiry process. If the accused employee is a woman, it might be helpful to have a woman in the committee to make the employee feel more comfortable, but this is not a legal requirement for cases of general misconduct.
From India, Gurugram
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139In terms of the composition of the committee, there is no legal requirement in India that mandates the inclusion of a female employee in the committee for general misconduct cases. However, in cases of sexual harassment at the workplace, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, mandates that the Internal Complaints Committee (ICC) should be headed by a woman and at least half of its members should be women.
In the case of absenteeism, the committee should ideally include members who are well-versed in the company's policies and labour laws. This could include HR professionals, a representative of the management, and possibly a neutral third party (like a legal advisor or an industry expert) to ensure fairness.
Here's a step-by-step action plan:
1. Identify the members: Select individuals who are knowledgeable about the company's policies and labour laws.
2. Communicate: Inform the selected members about their role in the committee. Also, inform the accused employee about the formation of the committee and their rights during the enquiry.
3. Conduct the enquiry: Ensure that the proceedings are conducted in a fair and transparent manner. The accused employee should be given a chance to present their case and any evidence they might have.
Additional tips: Always document the proceedings of the enquiry. This will be useful in case of any legal complications later. Avoid any form of bias in the enquiry process. If the accused employee is a woman, it might be helpful to have a woman in the committee to make the employee feel more comfortable, but this is not a legal requirement for cases of general misconduct.
From India, Gurugram
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Dear Karthik Rao,
The Disciplinary Authority (DA) of your establishment needs to appoint both the Inquiry Officer and the Management Representative.
, In a domestic inquiry, the Inquiry Officer (IO) acts as an impartial judge or adjudicator, while the Management Representative (MR) (also known as the Presenting Officer or PO) acts as the prosecutor, presenting the management's case and evidence against the employee.
Role of the Inquiry Officer (IO)
The IO is appointed by the Disciplinary Authority (the employer or designated manager) to ensure a fair and impartial process guided by the principles of natural justice. The IO must remain unbiased and cannot assume the role of the prosecutor.
Key responsibilities of the IO include:
Conducting the Inquiry: Overseeing the entire hearing process fairly and transparently.
Ensuring Due Process: Ensuring the charged employee understands the allegations and has a full opportunity to defend themselves, present evidence, and cross-examine management witnesses.
Recording Evidence: Accurately recording all statements, documents, and evidence presented by both the management and the employee.
Role of the Management Representative (MR)
The MR is appointed by the Disciplinary Authority to present the case on behalf of the employer and prove the alleged charges against the delinquent employee. Their role is adversarial in nature, similar to that of a public prosecutor in a court of law.
Presenting the Case: Framing and presenting the charge sheet and statement of allegations.
Managing Evidence: Submitting relevant documents, evidence, and exhibits to the IO.
Coordinating Witnesses: Ensuring the attendance of management witnesses and conducting their examination-in-chief.
Cross-Examining: Cross-examining the witnesses presented by the delinquent employee or their representative to test the veracity of their statements.
Assisting in Procedure: Assisting the IO in the smooth conduct of the inquiry and raising objections if procedural rules are violated.
Submitting a Summary: After all evidence is presented, submitting a written brief or summary of the management's case.
Since the matter relates to a women employee, the management can fix a women either as Inquiry Officer or Management Representive.
From India, Mumbai
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The Disciplinary Authority (DA) of your establishment needs to appoint both the Inquiry Officer and the Management Representative.
, In a domestic inquiry, the Inquiry Officer (IO) acts as an impartial judge or adjudicator, while the Management Representative (MR) (also known as the Presenting Officer or PO) acts as the prosecutor, presenting the management's case and evidence against the employee.
Role of the Inquiry Officer (IO)
The IO is appointed by the Disciplinary Authority (the employer or designated manager) to ensure a fair and impartial process guided by the principles of natural justice. The IO must remain unbiased and cannot assume the role of the prosecutor.
Key responsibilities of the IO include:
Conducting the Inquiry: Overseeing the entire hearing process fairly and transparently.
Ensuring Due Process: Ensuring the charged employee understands the allegations and has a full opportunity to defend themselves, present evidence, and cross-examine management witnesses.
Recording Evidence: Accurately recording all statements, documents, and evidence presented by both the management and the employee.
Role of the Management Representative (MR)
The MR is appointed by the Disciplinary Authority to present the case on behalf of the employer and prove the alleged charges against the delinquent employee. Their role is adversarial in nature, similar to that of a public prosecutor in a court of law.
Presenting the Case: Framing and presenting the charge sheet and statement of allegations.
Managing Evidence: Submitting relevant documents, evidence, and exhibits to the IO.
Coordinating Witnesses: Ensuring the attendance of management witnesses and conducting their examination-in-chief.
Cross-Examining: Cross-examining the witnesses presented by the delinquent employee or their representative to test the veracity of their statements.
Assisting in Procedure: Assisting the IO in the smooth conduct of the inquiry and raising objections if procedural rules are violated.
Submitting a Summary: After all evidence is presented, submitting a written brief or summary of the management's case.
Since the matter relates to a women employee, the management can fix a women either as Inquiry Officer or Management Representive.
From India, Mumbai
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The information provided by the previous user regarding the roles and responsibilities of the Inquiry Officer and Management Representative is accurate. These roles are important for conducting a fair and unbiased domestic inquiry.
However, to answer your specific question about the necessity of including a female employee in the committee, it depends on the nature of the misconduct. For general misconduct cases, it is not mandatory to include a female employee in the committee. However, it is always advisable to have a diverse committee as it brings different perspectives and can help in unbiased judgement.
In the case of a domestic enquiry against a female employee, it is not a legal requirement to have a female member in the committee. But, if the alleged misconduct is of a sexual nature, then as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, a woman must be part of the Internal Complaint Committee.
It's also important to note that the person(s) forming the committee should not have any personal interest or bias towards the case. The aim should always be to conduct a fair and unbiased enquiry, upholding the principles of natural justice.
In your situation, since the misconduct is absenteeism, it is not mandatory to include a female member in the committee. However, if you feel it would contribute to a more balanced and fair judgement, you could consider including a female employee in the committee.
From India, Gurugram
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However, to answer your specific question about the necessity of including a female employee in the committee, it depends on the nature of the misconduct. For general misconduct cases, it is not mandatory to include a female employee in the committee. However, it is always advisable to have a diverse committee as it brings different perspectives and can help in unbiased judgement.
In the case of a domestic enquiry against a female employee, it is not a legal requirement to have a female member in the committee. But, if the alleged misconduct is of a sexual nature, then as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, a woman must be part of the Internal Complaint Committee.
It's also important to note that the person(s) forming the committee should not have any personal interest or bias towards the case. The aim should always be to conduct a fair and unbiased enquiry, upholding the principles of natural justice.
In your situation, since the misconduct is absenteeism, it is not mandatory to include a female member in the committee. However, if you feel it would contribute to a more balanced and fair judgement, you could consider including a female employee in the committee.
From India, Gurugram
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt