Disciplinary action against employee

Disciplinary Actions are those which are taken by an employer against his employee for misconduct committed by the employee within the establishment and in certain circumstances, even outside the premises of the establishment. In keeping with Principles of Natural Justice, every employee who has been charged with any misconduct must be given an opportunity of being heard and explaining his actions before his employer, this opportunity is given to an employee during disciplinary action. The following are, in brief, steps involved in the process of disciplinary action against an employee in India;

Issuing Charge sheet-

The charge sheet issued to an employee is an elaborate document containing the accusations against the employee in detailed and clear terms.

Conducting enquiry-

An enquiry officer is appointed by the management and the enquiry into the misconduct of the employee is carried out, it is ensured that the employee is represented properly.

Enquiry Report-

Following the enquiry, the Enquiry Officer issues an Enquiry Report containing the findings of the enquiry, a copy of which is served upon the employee. If the Enquiry Officer holds the employee guilty, a show cause notice is issued to him indicating the nature of proposed punishment along with copy of the report of enquiry officer. Reasonable opportunity is required to be given to the employee to offer his comments on the same. On receipt of explanation to show cause notice or without explanation if the worker fails to give any explanation, the management can decide upon the disciplinary action/punishment as provided in the standing orders if applicable/applicable laws, rules and service condition.

Punishment-

Thereafter the employee is punished accordingly, which may include termination, demotion, warning etc.

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