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 It

extends to the whole of India  It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months

Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of persons less than one hundred as may be specified in the notification :

Within six months from the date on which this Act becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in this industrial establishment. Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the industrial establishment, and where model standing orders have been prescribed, shall be, so far as is practicable, in conformity with such model. The draft standing orders submitted under this section shall be accompanied by a statement giving prescribed particulars of the workmen employed in the industrial establishment including the name of the trade union, if any, to which they belong. Subject to such conditions as may be prescribed, a group of employers in similar industrial establishment may submit a joint draft of standing orders under this section.

 Standing

orders shall be certifiable under this

Act if

provision is made therein for every matter set out in the Schedule which is applicable to the industrial establishment, and the standing orders are otherwise in conformity with the provisions of this Act; and it shall be the function of the Certifying Officer or appellate authority to adjudicate upon the fairness or reasonableness of the provisions of any standing orders.

On receipt of the draft under Section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed form requiring objections, if any; which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice.
After giving the employer and the trade union or such other representatives of the workmen as may be prescribed an opportunity of being heard, the Certifying Officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary to render the draft standing orders certifiable under this Act, and shall make an order in writing accordingly. The Certifying Officer shall thereupon certify the draft standing orders, after making any modifications therein which his order under sub-section (2) may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under sub-section (2) to the employer and to the trade union or other prescribed representatives of the workmen.

 Standing

orders shall, unless an appeal is preferred under Section 6, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (3) of Section 5, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority are sent under subsection (2) of Section 6.

 The

text of the standing orders as finally certified under this Act shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed.

Standing orders finally certified under this Act shall not, except on agreement between the employer and the workmen or a trade union or other representative body of the workmen be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation.
Subject to the provisions of sub-section (1), an employer or workman or a trade union or other representative body of the workmen may apply to the Certifying Officer to have the standing orders modified, and such application shall be accompanied by five copies of [* * *] the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen or a trade union or other representative body of the workmen, a certified copy of that agreement shall be filed along with the application.

Notwithstanding anything contained in Sections 3 to 12, for the period commencing on the date on which this Act becomes applicable to an industrial establishment and ending with the date on which the standing orders as finally certified under this Act come into operation under Section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of Section 9, sub-section (2) of Section 13 and Section 13-A shall apply to such model standing orders as they apply to the standing orders so certified.

If any question arises as to the application or interpretation of a standing order certified under this Act, any employer or workman or a trade union or other representative body of the workmen may refer the question to any one of the Labour Courts constituted under the Industrial Disputes Act, 1947, and specified for the disposal of such proceedings by the appropriate Government by notification in the Official Gazette, and the Labour Court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties.

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  

Promotions Amenities Continuity of Service Compensation Disciplinary action Fines Increments Leave Medical Benefits Nature of Job

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Payment Acting Promotion Recovery of dues Safety appliance Superannuation Suppression Transfer Victimization Condition of work

STAGE 1 Complaint
Officer designated by management to deal with the grievance at this initial stage To reply within 48 hours

STAGE 2 Grievant Departmental representatives
HOD should have pre-allocated time daily for grievance handling
Reply within 3 days


Stage 3 Grievant Departmental Representative
Grievance committee to decided and submit report Management to implement 7 days 3 days

Stage 4 Grievant Departmental Representatives
Appeal to management for revision 1 week

Stage 5 Grievant Management may refer to Union
Voluntary Arbitration 1 week

 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

     

Absenteeism Habitual Late coming Overstaying leave Disobeying rules/ standing orders Insubordination Misappropriation of funds or valuables Misconduct

   

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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

Serving Charge Sheet

Holding Domestic Inquiry

Showing Show Cause Notice

Oder of Punishment

Principle of Natural Justice Standing Orders framed under the Industrial Employment (Standing Orders) Act, 1946 to be followed.

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

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

   

Charges leveled should be specifically statedavoid „ etc..etc‟/ „ other‟/ „any‟/ „ some people‟ like expressions. The amount misappropriated should be specific sum and not „ around‟ Person manhandled should be Mr./Ms. X and not „ some one‟ Time of misconduct should be exact- avoid „around‟ time. Charge sheet for using offending language should contain the exact word used.

  

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, 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

 

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

   

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, workman shall also be allowed to be represented by lawyer (

     

Not mandatory that procedure laid down in the Code of Criminal Procedure, 1973 or the Evidence Act, 1872 to be followed. Question- 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

Before punishment is initiated a Show Cause Notice highlighting the charges, 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, it is advisable to give the employee a final opportunity before punishment is inflicted. Enquiry report to be furnished to the employee

 

Principles of natural justice to be followed Punishment should not violate section 73 of the ESI Act - notice of dismissal or discharge given to an employee during the period the employee is in receipt of sickness, maternity or other benefit shall be invalid. 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

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. Accordingly you are hereby called upon to explain in writing within 48 hours as to why appropriate action should not be taken against you. Sd/Appropriate Authority/ Authorized Signatory

To ------It is reported that on ____(date) at _____(time) you misbehaved with Mr./Ms._____ (name), ____ (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. Accordingly you are hereby called upon to explain in writing within 48 hours as to why appropriate action should not be taken against you. Sd/Appropriate Authority/ Authorized Signatory


-------Sub: Enquiry u/r ___ of Standing Orders Ref: Charge sheet No.____ dated______ Your explanation dated____


Since the explanation given by you as cited above is found unsatisfactory, a domestic enquiry u/r ____ of the Standing Orders has been initiated to decide on the charges. The enquiry will commence at 9.30 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./Ms. ____ will be the Enquiry Officer. Sd/Authorized Signatory

Enquiry proceedings in to the charge sheet No____ dated ___ issued to Mr.___ (Time, date and place of enquiry) Present 1. Charge sheeted employee 2. Defense helper 3. Management representative The charges leveled against the employee were read over and explained to the employee. (Examination of management witness- 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, the same may be recorded as “ opportunity given for cross examination but declined to cross examine” with signatures

To Date --------Sub: Shaw Cause Notice WHEREAS you were charge sheeted for an offence as stated. 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. NOW THEREFORE, 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, 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. A copy of the findings of the Enquiry Officer is enclosed herewith for your perusal. Your written reply should reach the undersigned within____ days. Sd/Authorized Signatory

To -------Sub: Order of Termination of Service Ref: Charge sheet No____ dated____


Pursuant to the charge sheet above referred and findings of enquiry report dated____, the management has come to the conclusion that the charges leveled against you have been proved categorically. As you have been found guilty of serious misconduct, the management has decided to dismiss you from service. However, on compassionate grounds, we have decided to take a lenient step by imposing a lesser punishment by discharging you from service with effect from/ with immediate effect. You are, therefore, directed to settle your dues including salary dues and handover the charges to Mr________ during office hours on_________ Sd/Authorized Signatory

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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