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Causes of Grievance § § § § § § § § § § Promotions Amenities Continuity of Service Compensation Disciplinary action Fines Increments Leave Medical Benefits Nature of Job § § § § § § § § § Payment Acting Promotion Recovery of dues Safety appliance Superannuation Suppression Transfer Victimization Condition of work .
Model Grievance Procedure .
Model Grievance Procedure cont. .
Benefits of Grievance procedures Encourages employees to raise concerns without fear Provides fair & speedy means of dealing with complaints Prevents minor disagreements developing into more serious disputes Saves employers time and money as solutions are found at the workplace problems Build an organizational climate. based on openness and trust .
Examples of Indiscipline § § § § § § § Absenteeism Habitual Late coming Overstaying leave Disobeying rules/ standing orders Insubordination Misappropriation of funds or valuables Misconduct .
Reasons of Indiscipline Ignorance of rules Physical/ mental incapability Absence of proper training Discontented workmen Absence of standard policies of handling discipline § Uncongenial working conditions § Misguidance by Trade Union leaders § § § § § .
Procedure for Disciplinary Actions §Principle of Natural Justice §Standing Orders framed under the Industrial Employment (Standing Orders) Act. 1946 to be followed. .
Charge sheet § Memorandum of charges § Statement of allegations of misconduct/ omission/ negligence § No particular format prescribed for charge sheet in any Labour enactment § The object is to give the employee exact idea of the misconduct committed by him so that he may get reasonable opportunity to defend .
Requisites of Charge sheet § It should contain complete picture of misconduct § It should state that the act of commission or omission resulting in misconduct is violation of a particular clause of standing order § Language to be as per Standing Orders or as required by the delinquent § Enclose a list of witnesses in support of charges .
Be specific § Charges leveled should be specifically statedavoid ‘ etc.etc’/ ‘ other’/ ‘any’/ ‘ some people’ like expressions./Ms. § Charge sheet for using offending language should contain the exact word used. X and not ‘ some one’ § Time of misconduct should be exact.avoid ‘around’ time. § The amount misappropriated should be specific sum and not ‘ around’ § Person manhandled should be Mr.. .
paste it on the wall of the residence of the delinquent § By Registered Post § Displaying in the Notice Board of the company § Publishing in the regional newspaper .Service of Charge Sheet § As stated in the Standing Orders § Serve the charge sheet personally against signature on the duplicate copy/ delivery book § If absent/ on leave/ under suspension.
Domestic Enquiry § Follow rules laid down in Standing Orders § Purpose of domestic enquiry § Provide delinquent an opportunity to defend the charges § Provide employer an opportunity to evaluate the situation and decide the penalty to be imposed .
workman shall also be allowed to be represented by lawyer ( .Notice of Enquiry to be served Notice to show the Date and Time of enquiry Venue of holding enquiry Name of the Enquiry Officer Notice to be served in the same manner as followed to serve charge sheet § Workman shall have right to appoint a Defense Helper § § § § § When legally trained person represents management in enquiry.
1973 or the Evidence Act. § Question.Recording the Evidences § Not mandatory that procedure laid down in the Code of Criminal Procedure.Answer pattern may be followed § Statement of Management to be taken first § Cross examination by employee/ helper § Take signature of the concerned on record § Examine and cross examine witnesses § Object/ Disallow irrelevant questions . 1872 to be followed.
it is advisable to give the employee a final opportunity before punishment is inflicted.Show Cause Notice § Before punishment is initiated a Show Cause Notice highlighting the charges. § Enquiry report to be furnished to the employee . findings of the enquiry and possible penalty imposed on the delinquent shall also be served calling on him to show cause ‘why action including discharge or (even dismissal) shall not be taken against’ the delinquent. § Though serving of such notice will not make the process of enquiry invalid.
notice of dismissal or discharge given to an employee during the period the employee is in receipt of sickness. § Order issued without holding a domestic enquiry or after holding a defective enquiry will not stand since Labour Court/ Tribunal can interfere with such order as provided u/s 11A of the Industrial Disputes Act. 1947 Order of Punishment .§ Principles of natural justice to be followed § Punishment should not violate section 73 of the ESI Act . maternity or other benefit shall be invalid.
Accordingly you are hereby called upon to explain in writing within 48 hours as to why appropriate action should not be taken against you.Charge sheet.absenting without intimation To Date: ------------ Sub: Absenting without intimationYou have been absent since_____ (date)/ overstaying leave granted since_____ (date) Absenting without leave/ overstaying of leave is an offence as per rule ___ of our Standing Orders and as such your act of absenting without intimation is a misconduct which attracts such punishment including termination of service. Sd/ Appropriate Authority/ Authorized Signatory .
/Ms._____ (name). Accordingly you are hereby called upon to explain in writing within 48 hours as to why appropriate action should not be taken against you.Charge Sheet.Misbehavior To ------It is reported that on ____(date) at _____(time) you misbehaved with Mr. Sd/ Appropriate Authority/ Authorized Signatory . ____ (designation) in the presence of ______ (as witnesses) Disobeying orders and misbehaving are serious misconduct as per rule____ of our Standing Orders which attract punishment including dismissal from service.
Notice of enquiry To -------Sub: Enquiry u/r ___ of Standing Orders Ref: Charge sheet No. a domestic enquiry u/r ____ of the Standing Orders has been initiated to decide on the charges.____ dated______ Your explanation dated____ Date: Since the explanation given by you as cited above is found unsatisfactory.30 am on ___ (date) at _____ (venue) You are hereby required to present in person with or without a helper to give any clarification to defend the charges against you. Mr. ____ will be the Enquiry Officer./Ms. The enquiry will commence at 9. Sd/ Authorized Signatory .
Enquiry Proceedings Enquiry proceedings in to the charge sheet No____ dated ___ issued to Mr. Management representative The charges leveled against the employee were read over and explained to the employee. Defense helper 3. Charge sheeted employee 2.statement in support of charges) Name and details of witness Statement/ questions and answers Signature of witness Signature of charge sheeted employee with a declaration that the statement has been recorded in his presence Signature of Enquiry Officer (Cross Examination by Employee/ defense helper) -Same process as above (Examination of witness against charges) -Same process as above (Cross Examination by management representative) -Same process as above * If any one does not want to cross examine.___ (Time. date and place of enquiry) Present 1. (Examination of management witness. the same may be recorded as “ opportunity given for cross examination but declined to cross examine” with signatures .
the management is constrained to take disciplinary action against you. Without prejudice and following the Enquiry Officer’s report your act of omission/ commission has been proved to be a serious misconduct which attracts punishment which may extend to dismissal from service. THEREFORE. NOW THEREFORE. Your written reply should reach the undersigned within____ days. you are hereby called upon to show cause why disciplinary action including dismissal should not be taken against you/ why you should not be removed from service. AND WHEREAS you were granted an opportunity to defend the charges by way of Domestic enquiry which commenced on ____ and ended on ___ (dates) AND WHEREAS you have failed to prove your innocence before the Enquiry Officer. A copy of the findings of the Enquiry Officer is enclosed herewith for your perusal. Sd/ Authorized Signatory .Show Cause Notice To Date -------- Sub: Shaw Cause Notice WHEREAS you were charge sheeted for an offence as stated.
You are. As you have been found guilty of serious misconduct. the management has decided to dismiss you from service. directed to settle your dues including salary dues and handover the charges to Mr________ during office hours on_________ Sd/Authorized Signatory . the management has come to the conclusion that the charges leveled against you have been proved categorically. therefore. we have decided to take a lenient step by imposing a lesser punishment by discharging you from service with effect from/ with immediate effect.Termination Order To ------- Sub: Order of Termination of Service Ref: Charge sheet No____ dated____ Date Pursuant to the charge sheet above referred and findings of enquiry report dated____. However. on compassionate grounds.
Alternatives to Punishment Major Punishments § Dismissal § Discharge § Discharge simpliciter § Suspension Minor Punishments § Demotion to a lower grade § Withholding of increments § Fine § Warning or censure .
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