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
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
You can propose the punishment and ask for the reply from the worker on the proposed punishment clearly mentioning that he himself has accepted the misconduct. By doing this you can make sure that the acceptance of the misconduct by the worker was voluntary and his reply to the proposed punishment may also be considered before awarding the punishment.
N Nataraajhan, Sakthi Management Services (HP:+91 94835 17402 ; e-mail:email@example.com)
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