CERTIFICATE COURSE ON 
'DISCIPLINARY PROCEEDINGS AND DOMESTIC ENQUIRY'
Programme Overview
M&HR Solutions Pvt. Ltd will launch 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.
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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:
  1. Understand the legal aspects of domestic enquiry and employee discipline;
  2. Understand the basic pitfalls of domestic enquiry, in view of employer, employee, presenting officer & enquiry officer;
  3. Know how to investigate the allegations to determine if a case is fit for domestic enquiry or not; 
  4. 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.
  5. Learn how to prepare the witnesses and documents for production in the enquiry;
  6. Gain practical skills in drafting charge-sheet, show cause notice, order of suspension, report of findings, order of punishment, etc.;
  7. Get hands-on experience to independently perform the role of presenting officer and enquiry officer;
  8. Analyze and determine, if a case is fit for suspension or transfer pending enquiry and the service conditions of a suspended employee; 
  9. 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;
  10. Identify the crucial factors to conduct a flawless domestic enquiry;
  11. Monitor the enquiry to determine if it is being held in accordance with legal requirements and principles of natural justice;
  12. Conduct the domestic enquiry independently.

Course Contents

  1. HR, IR & ER - Role of HR, external & internal union leaders.
  2. Concept of misconduct and influencing factors.
  3. Certified standing orders, employment terms & conditions and agreements.
  4. Meaning and significance of domestic enquiry, quasi judicial process,  principles of natural justice, provisions of standing orders and the basic rules of domestic enquiry.
  5. How to investigate the allegation of misconduct and gather the information to conduct the domestic enquiry.
  6. How to determine if a case is fit for issuing charge-sheet.
  7. Caution letters, show-cause notice, charge-sheet. How to draft them and their importance. Basic pitfalls of these letters contributing to serious consequences. 
  8. What is preliminary hearing and how to conduct it.
  9. Language of domestic enquiry - language known by the charge sheeted employee and / or local language.
  10. Preparing, submitting, identifying and marking of documents and material objects. 
  11. What is chief examination as well as cross examination and how to conduct it.
  12. Enquiry Officer - eligibility, qualification, experience, duties, and rights.
  13. Presenting Officer- eligibility, qualification, experience, duties, and rights.
  14. Defence Representative - eligibility, qualification, experience, duties, and rights. 
  15. Issuing proceedings to charge sheeted employee etc.
  16. Final report submission- meaning, procedure, content, importance.
  17. Report of findings- meaning, procedure, content, importance.
  18. Right of Disciplinary Authority (DA) either to reject or modify the report of findings by recording the reasons.
  19. 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.
  20. How to conduct an ex-party enquiry.
  21. How to determine the quantum of punishment and the procedure to be followed for imposing the punishment.
  22. 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.
  23. How to start, conduct and conclude the enquiry by avoiding errors.
  24. Suspension- rights, duties and service conditions of a suspended employee, payment, recovery and reduction of subsistence allowance. 
  25. Final examination.

RESOURCE PERSON

Dr. G.P. Naik
Director, Talent Avenues

Dr. G.P. Naik is professor of HRM and Labour Legislation and an experienced trainer in HR domain. He is a doctorate in Management from Canara Bank School of Management Studies, Bangalore University. Previously he was the Head of Learning and Development at Karle Group of Companies, Bangalore. He is a graduate in Law and has handled more than 100 employee discipline cases in his previous organizations. He has provided training and consultancy services to several reputed organizations like Karnataka Employers' Association, International Labour Organization, Labour Department of Government of Karnataka, Indo-Nissin, Sasken, Persistent Systems, Sasaara Financial Services, Aditya Birla, Oracle, Infosys, MTR Foods, Schneider, Chamundeshwari Sugars, Ultratech Cements, Madura Coats, BEML, BEL, Exedy, IndoMIM, TRMN, Biesse, Homag, Faiveley, Fowler Westrup, Hampson Aerospace, TCE, ASE, NTPC, HAL, TVS Motors and GMR. 

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.

Fees

  1. Rs........................ + 18% GST per participant.
  2. The fees include the cost of course material, stationery, lunch, tea and certification charges. The Cheque / D.D should be drawn in favor of M&HR Solutions Private Limited payable at Bangalore. We prefer online payment and our bank account details are given below.​
The Cheque / D.D should be drawn in favor of M&HR Solutions Private Limited payable at Bangalore. We prefer online payment and our bank account details are given below.
M&HR Solutions Private Limited Bank Details
Account Number: 369505000632
Account Type: Current Account
IFSC Code:  ICIC0003695
MICR Code: 560229107
ICICI Bank
No. 888, 80 Feet Road, Papareddypalya,
​Nagarbhavi 2nd Stage, Bangalore -560072 
Branch Code: 003695

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