sir, pls tell me how to conduct domestic enquiry & which documents shall contain the chargesheet,
From India, Basti
18From India, Basti
Dear DeveshCH,
Your post does not reveal much for any advice, at least I cannot gather from your reply, "appointed on senior designation".
You were asked to explain what was the work or job or responsibilities of that employee and what type of work say manual, clerical, supervisory, officer, operational etc was given to him. Further, what was expected from him by management and what and how he has performed, are the basic questions.
Merely saying performance is not satisfactory does not help any body. You will have to be specific in putting charges on the employee and further you must be able to justify or prove (very popular among HR Fraternity) those charges of slow performance.
But mind you, slow performance of an employee is not a misconduct, but willful or intentional slowing down of performance is certainly a serious misconduct.
So, one should be always careful in leveling charges of slow performance against employee.
From India, Kolhapur
Your post does not reveal much for any advice, at least I cannot gather from your reply, "appointed on senior designation".
You were asked to explain what was the work or job or responsibilities of that employee and what type of work say manual, clerical, supervisory, officer, operational etc was given to him. Further, what was expected from him by management and what and how he has performed, are the basic questions.
Merely saying performance is not satisfactory does not help any body. You will have to be specific in putting charges on the employee and further you must be able to justify or prove (very popular among HR Fraternity) those charges of slow performance.
But mind you, slow performance of an employee is not a misconduct, but willful or intentional slowing down of performance is certainly a serious misconduct.
So, one should be always careful in leveling charges of slow performance against employee.
From India, Kolhapur
Study the case of RAMESHA vs HCL the verdict given by First Additional Labour Court Chennai. It is preferable to start with Glaxo Laboratories case where the misconduct viz assaulting the supervisor while travelling in the company owned bus was held not valid and the Supreme Court in no ambiguous terms said that the Misconduct in Standing Orders are not ILLUSTRATIVE but exhaustive. Therefore Inefficiency must find a place in Misconduct or as a separate clause attracting termination of employment consequent to one being found as INEFFICIENT in spite of Warning, counselling, and TERMINATION was inevitable And it goes without saying that a charge sheet to be given reply obtained, reply found not satisfactory, enquiry ordered enquiry conducted, fair opportunity given, copy of proceedings and documents submitted given, E O found him guilty Second show cause notice as to why he should not be terminated then in the TERMINATION order state that he had not adduced fresh grounds to reconsider the proposed Termination.
From India, Chennai
From India, Chennai
You cannot go ahead and terminate anyone in the organization. Its important to document everything, for termination itself it is important that 3 written warning is given to an employee or on the basis of his performance he can also be put under PIP (even then if there is no such improvement then you can terminate him on poor performance grounds ).
If force resignation is not working then its important that you think twice before taking any step, as it can create problem for you in future.
From India, Jaipur
If force resignation is not working then its important that you think twice before taking any step, as it can create problem for you in future.
From India, Jaipur
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