|
|
| Charge sheet |
Hi. we are facing a problem with a guy in our company. The Top management has decided him to fire on the grounds of misconducts he committed. The management is asking me to initiate the process of drafting of paper work such as Domestic enquiry, preparing charge sheet & recommendation of enquiry committee. i have no prior experience in this area, so please guide me throught the process. first of all i want to know about the standard format of charge sheet, if it prevails anywhere in the law. Is charge sheet is to be prepares simultaneously during the process of investigation..? or it is to be prepared after all the alligations are proven to be true..? Please help me. Regards, Narendra, |
| |
| Raj Kiran says: |
|
| |
|
Please can u people send me a charge sheet format |
| |
| Godfrey Mitchell says: |
|
| |
Hi Narendra,
As per the Principles of Natural Justice (irrespective of the industry you are working in) every individual has the right to know the charges under which you are booking them. For this purpose the company needs to serve the individual with a charge sheet clearly mentioning the charges levied against them and the grounds of the allegation giving sufficient time for the individual to respond with their side of the story. In the charge sheet you must clearly mention the response time for the individual to get back with a counter statement on the allegation failing which it would be taken for granted that the individual accepts the allegation thereby prompting the next level.
For cases of misconduct, there has to be a clearly documented policy in the organisation to which each and every employee has access and is aware of the same. Based on this the company has the right to proceed with initiating dismissal on disciplinary grounds.
the Process is as follows:
1. Chargesheet the employee with the allegations and give 5 working days to respond.
2. Collect evidence of the misconduct (previous history and punishments served would also help but would not be considered if current allegations cannot be proven)
3. Setup a neutral committee to hear the case.
4. Schedule a hearing date and inform the employee and the committee members of the date.
5. Give the employee an option to bring a witness along to the hearing. In particular someone who is aware of the misconduct allegations.
6. Conduct a hearing in which the company lays out allegations against the employee to the committee and give an oppurtunity to the employee to contest the allegations. Both sides need to have physical proof/evidence.
7. Allow the committe time (approx 2-3 days) to consider the case and decide their vedict.
8. Verdict of the committee to be sent in written to the employee stating the punishment applicable and asking if he would like to contest the same before a formal decision is taken.
9. Send a formal communication on the punishment handed out to the employee and close the case.
In your charge sheet you would have to inform the employee if they have been suspended or not. This is a decision that the company would have to take if you feel that the employees continued presence in office would lead to destruction of evidence or hamper the investigation process in any way possible.
This process is as legal as it can get and will help you in the event the employee decides to take you to court contesting his/her dismissal from service.
I do hope the above helps you in this case. Let me know if you need any further assistance.
Regards
Godfrey |
| |
| sree says: |
|
| |
Dear Narendra,
I would like to know which company are u working if its manufacutring industry, organization should have certified standing orders by labour commissioner. If we want terminate any employee, we should have to follow domestic enquiry procedure. The procedure is as follows: 1. File Charge Sheet on him in that you should have to mention what he has done miscound and should ask his explanination with 24 or 48 hours and take acknowledgement 2. then he should have to give explanation with in time based on that we should have conduct domestic enquiry. Enquiry officer should be our of candidate not relating to our employees, if not possible then u can from committee with senior and expereince people. infront of them we have to go enquiry. based on the enquiry if it proves he has comitted misconduct then we have to give show cause notice to him why we should take action against him then he has to reply after that we will go for termination or suspension.
This is normal procedure we have to follow |
|
|
|
|
|
|
|
