Whether an Establishment can initiate disciplinary action against a Trainee for suppression of facts in collusion with a regular employee? Although it was advised that termination of the Trainee employee can be effected immediately without assigning any reason in line with the terms of Training Order, the Management is specific in initiating disciplinary action against the Trainee and if proved the term of training period of the trainee be terminated with the sound reasons. In the classification "Trainee" also defined as a Workman. The said Trainee is not an Act Apprentice. Request seniors views please.
From India, Mumbai
25From India, Mumbai
Dear member,
You have given good information however, you could have quoted what exactly was the issue? What kind of facts have been suppressed and who discovered it and how it was discovered. How will it impact your ongoing operations or image of the company?
If there is collusion between newly appointed employee and a regular employee then you may order domestic enquiry. Let the facts be investigated independently and impartially. Based on the outcome of the enquiry, you may take suitable disciplinary action against trainee as well as regular employee.
Once again I appreciate about clarity of your post. Such posts and few and far between at least on this forum.
Thanks,
Dinesh Divekar
From India, Bangalore
You have given good information however, you could have quoted what exactly was the issue? What kind of facts have been suppressed and who discovered it and how it was discovered. How will it impact your ongoing operations or image of the company?
If there is collusion between newly appointed employee and a regular employee then you may order domestic enquiry. Let the facts be investigated independently and impartially. Based on the outcome of the enquiry, you may take suitable disciplinary action against trainee as well as regular employee.
Once again I appreciate about clarity of your post. Such posts and few and far between at least on this forum.
Thanks,
Dinesh Divekar
From India, Bangalore
The fact that a collusion is suspected with a permanent employee makes it essential that a domestic enquiry be conducted to find out specific details and involvement of permanent employee.Removal of trainee alone w/o knowing or finding out about role of permanent employee is dangerous.
Enquiry can bring out facts and based on report action can be initiated.
From India, Pune
Enquiry can bring out facts and based on report action can be initiated.
From India, Pune
Disciplinary action against the trainee but nothing against the regular employee may go against principles of natural justice and the company may well have to answer if the trainee takes it up with the concerned authorities. Is the company contemplating termination or only giving a caution notice to the trainee? Better take action as per the report [as indicated by the seniors, domestic inquiry] and see that purpose is served rather than lopsided issue which may give you all more headache than solution.
From India, Hyderabad
From India, Hyderabad
Thank you very much to Sri Dinesh Divekar sir and all others for rendering me the way out. The commission of act was that a regular employee in collusion with a Trainee suppressed the incident that was taken place in the premises of the establishment which causes psychological injury to a public. In a fact finding enquiry, no employee was come forward to admit such acts till the victim came again and identify the errant employees. Since the injury was caused to a public, we had an apprehension that it may lead to affect the reputation of the establishment but as we are taking so much of concern on the victim to get rid of the injury, we believe that it will not cause any further harm on both sides. Disciplinary action has already been initiated against the regular employee, and on the Trainee, it is yet to be decided. Thanks & regards,
From India, Mumbai
From India, Mumbai
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Establishment Compliance Support - Pragnaa.pdf
DISCIPLINARY ACTIONS PROCEDURE.xls