4 MONTHS (WEEKEND) 'CERTIFICATE COURSE ON
DISCIPLINARY PROCEEDINGS AND DOMESTIC ENQUIRY'
(September 2018 to December 2018)
DISCIPLINARY PROCEEDINGS AND DOMESTIC ENQUIRY'
(September 2018 to December 2018)
Programme Overview
Based upon the requests of a few HR Professionals, Niratanka Management Services is launching this certificate course to enable the participants to learn the principles & procedures related to a domestic enquiry and make them competent to participate / conduct the domestic enquiry in an effective manner in line with Principles of Natural Justice.
Domestic enquiry is a quasi judicial process conducted by an independent internal or external competent person within the organization to find out, if the allegations of misconduct reported against any employee are true or false. No codified law for conducting the domestic enquiry. The procedure of domestic enquiry has been developed by time-to-time judicial clarifications and interpretations. Punishing the employee without enquiry is illegal and dismissed employee is entitled to be reinstated with back wages. Not conducting the enquiry in accordance with the principles of natural justice or imposing punishment disproportionately higher than the nature and gravity of misconduct is also liable to be rejected by the court of law. Companies often make mistakes in this regard due to lack of expertise in enquiry procedure. Hence this programme aims to impart the conceptual knowledge and practical skills in handling the domestic enquiry with utmost regard to the Principles of Natural Justice and the ratios of the decided cases.
Domestic enquiry is a quasi judicial process conducted by an independent internal or external competent person within the organization to find out, if the allegations of misconduct reported against any employee are true or false. No codified law for conducting the domestic enquiry. The procedure of domestic enquiry has been developed by time-to-time judicial clarifications and interpretations. Punishing the employee without enquiry is illegal and dismissed employee is entitled to be reinstated with back wages. Not conducting the enquiry in accordance with the principles of natural justice or imposing punishment disproportionately higher than the nature and gravity of misconduct is also liable to be rejected by the court of law. Companies often make mistakes in this regard due to lack of expertise in enquiry procedure. Hence this programme aims to impart the conceptual knowledge and practical skills in handling the domestic enquiry with utmost regard to the Principles of Natural Justice and the ratios of the decided cases.
Programme objectives
After completing this course the participants will be able to:
- Understand the legal aspects of domestic enquiry and employee discipline;
- Understand the basic pitfalls of domestic enquiry, in view of employer, employee, presenting officer & enquiry officer;
- Know how to investigate the allegations to determine if a case is fit for domestic enquiry or not;
- Learn to observe the pre-enquiry formalities like drafting the charge-sheet, serving the charge-sheet, assess the explanation given by the charge-sheeted employee, order for domestic enquiry etc.
- Learn how to prepare the witnesses and documents for production in the enquiry;
- Gain practical skills in drafting charge-sheet, show cause notice, order of suspension, report of findings, order of punishment, etc.;
- Get hands-on experience to independently perform the role of presenting officer and enquiry officer;
- Analyze and determine, if a case is fit for suspension or transfer pending enquiry and the service conditions of a suspended employee;
- Take note of the rights and protections available under Section 2(1), 2(2), 2(3), 10(4-A), 11(A), 17(B), 33, and 5th Schedule of Industrial Disputes Act 1947; as well as Section 10 A of Industrial Employment (Standing Orders) Act 1946 and Karnataka Payment of Subsistence Allowance Act 1988;
- Identify the crucial factors to conduct a flawless domestic enquiry;
- Monitor the enquiry to determine if it is being held in accordance with legal requirements and principles of natural justice;
- Conduct the domestic enquiry independently.
Course Contents
- HR, IR & ER - Role of HR, external & internal union leaders.
- Concept of misconduct and influencing factors.
- Certified standing orders, employment terms & conditions and agreements.
- Meaning and significance of domestic enquiry, quasi judicial process, principles of natural justice, provisions of standing orders and the basic rules of domestic enquiry.
- How to investigate the allegation of misconduct and gather the information to conduct the domestic enquiry.
- How to determine if a case is fit for issuing charge-sheet.
- Caution letters, show-cause notice, charge-sheet. How to draft them and their importance. Basic pitfalls of these letters contributing to serious consequences.
- What is preliminary hearing and how to conduct it.
- Language of domestic enquiry - language known by the charge sheeted employee and / or local language.
- Preparing, submitting, identifying and marking of documents and material objects.
- What is chief examination as well as cross examination and how to conduct it.
- Enquiry Officer - eligibility, qualification, experience, duties, and rights.
- Presenting Officer- eligibility, qualification, experience, duties, and rights.
- Defence Representative - eligibility, qualification, experience, duties, and rights.
- Issuing proceedings to charge sheeted employee etc.
- Final report submission- meaning, procedure, content, importance.
- Report of findings- meaning, procedure, content, importance.
- Right of Disciplinary Authority (DA) either to reject or modify the report of findings by recording the reasons.
- Right of workman to get a copy of report of findings and represent against it, as well as the right to be heard before determining the quantum of punishment.
- How to conduct an ex-party enquiry.
- How to determine the quantum of punishment and the procedure to be followed for imposing the punishment.
- Rights and protection available under Section 2(1), 2(2), 2(3), 10(4-A), 11(A), 17(B), 33, and 5th Schedule of Industrial Disputes Act 1947; as well as Section 10 A of Industrial Employment( Standing Orders) Act 1946 and Karnataka Payment of Subsistence Allowance Act 1988.
- How to start, conduct and conclude the enquiry by avoiding errors.
- Suspension- rights, duties and service conditions of a suspended employee, payment, recovery and reduction of subsistence allowance.
- Final examination.
RESOURCE PERSONS
K. Vittal RaoIR Consultant & Past Secretary
- NIPM, Karnataka Chapter |
Dr. G.P. NaikDirector,
Talent Avenues |
Zulfiquar HansiManagement Advocate
Hansi Associates |
G.V.P. ReddyLabour Advocate
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Govindaraju N.S.General Manager-
Human Resources Kern-Liebers (India) Pvt. Ltd., |
NagabhushanDy. General Manager
- HR & IR, SEG Automotive (BOSCH Ltd.,) |
Shekhar G NDy. General Manager - HR & IR,
Biesse Manufacturing Company Private Ltd., |
A. PremanandAssociate General Manager-HR & IR,
Schneider Electric |
Sachin BhatManager - HR & IR
MTR Foods |
Methodology of the Course
Classroom sessions, case studies, simulated practical exercises, role-plays, demonstrations, small group discussions & interpretations, and collaborative learning.
Certificate
On successful completion of the course with 100% attendance, the participants have the option to take the examination. Those, who complete the examination with at least 60% marks, will be awarded the Certificate.
Programme Details
Duration of the Course |
2 Saturdays in a month between September 2018 to December 2018 as decided by the Organizers Sep 22, 2018 & Sep 29, 2018 Oct 13, 2018 & Oct 27, 2018 Nov 17, 2018 & Nov 24, 2018 Dec 1, 2018 & Dec 15, 2018 |
Time |
09:30 am to 04:30 pm |
Venue |
Niratanka Training Centre No. 326, 2nd Floor, Opp. Syndicate Bank, Near Dr. AIT College, Bangalore-560056 |
Target Group |
HR Managers / Executives / Professionals / HR Faculties/ HR Consultants / Law Officers / Enquiry Officers / Trade Union Leaders |
Last day for registration |
September 15th, 2018 |
Course Fee (Excluding GST of 18%)
Fee |
INR 12,500/- per participant |
2 or more participants from same Company / Institution |
INR 10,000/- per participant |
For Students |
INR 7,500/- per participant |
About M&HR Solutions Pvt. Ltd.
M&HR Solutions Pvt. Ltd. is established in the year 2011, and providing services for the corporates in talent acquisition, training and development, drafting of agreements, HR audit and policy formulation.
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Bank Details :
A/c Name:
Niratanka Management Services A/C No: 04861010002810 A/c type: Current Account, IFSC Code: SYNB0000486, Syndicate Bank, Dr AIT Branch, Mallathahalli, Bangalore-560056, Karnataka |
This workshop is a Fund Raiser Programme to financially support “Nirathanka”. Nirathanka is a non-governmental organization with its registered office at Bengaluru. Formed in 2007, its primary objective was to extend services to the elderly men and women in the society. Subsequently, Nirathanka has spread its areas of service to diverse social sector fields such as education, health care, food security, and livelihood training. For more details visit : www.niratanka.org |
For Registration : Mahadev Swamy, niratankanms@gmail.com, niratankanms@niratanka.org
080-23213710
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M&HR Solutions Pvt. Ltd.
#326, 1st Floor, Opp. Syndicate Bank, Near Dr. AIT College, Kengunte, Mallathahalli, Bangalore-560056. Ph : 080-23213710. Email : niratankanms@gmail.com, niratankanms@niratanka.org |