malikjs Started The Discussion:
a worker has committed serious misconduct and accordingly he was issued charge sheet and asked written expaination from him.He accepted the charges labelled against him.now my question is this ,can we take action against him without conducting domestic enquiry ,as he accepted the charges or is it mandatory to conduct domestic enquiry if we want to give punishment to him.
j s malik
Dear Mr.JS Malik,
Notwithstanding the nature of the crime, if the intention of the management is only to issue a warning or imposing a fine, acceptance of the delinquent employee is sufficient without the formalities of the Domestic Enquiry.
In case however, taking into account the enormity and seriousness of the crime/ misdemeanour, if the intention of the management is to terminate, or reduction in salary and or designation, Domestic Enquiry is mandatory.
What one has to ensure is that when charges are framed they are in accordance with the provisions of the Standing orders of the Company.
Advocate and HR Consultant
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