Effective Discipline & Domestic Inquiry

COURSE OBJECTIVES
At the end of the program participants are able to:
• Understand the importance of having a proper set of rules and regulations
• Understand the importance of having a proper contract of service to avoid problems in temination.
• Identify the important major and minor misconduct categories
• Understand how a minor misconduct can become a major one
• Handle termination and non-confirmation of probationers
• Handle termination due to poor performance of permanent employees
• Handle termination due to retrenchment, lay-off, downsizing, relocation etc
• Handle termination due to misconduct and indiscipline
• Conduct a proper Domestic Inquiry
• Draft the various letters on ‘suspension’, ‘charge sheet’, ‘warning’ & ‘dismissal’
• Know the critical difference between ‘dismissal’ and ‘constructive dismissal’ so as to avoid ‘constructive dismissal’
• Avoid the costly mistakes made by others in poorly handled cases of termination that ended up in the Industrial Courts
• Know the relevant laws relating to handling of misconduct, conducting a Domestic Inquiry and termination of employment

FOR WHOM
• CEO
• HR Manager
• HR Executive
• HR Assistant
• Personal Assistant
• Secretary
• Line Managers/Executives
• Supervisors
• Other Non-HR Managers and Executives

COURSE CONTENTS

HANDLING MISCONDUCT
(1) Rules and Regulations
• Basic Principles in Rules,
• Importance of Rules and regulations
• Principles in drawing up rules and regulations
• Major and Minor Misconduct

(2) Developing A Grievance Procedure
• Who draws up the procedure
• The steps in the procedure
• Final decision maker

(3) Types of Misconduct
• Malingering
• Tardiness
• Poor or inefficient job performance
• Absence without approval
• Absence before or after PH
• Absence from the workplace
• Excessive MC
• Disobedience
• Insubordination

(4) Counselling
• What is counselling?
• Importance of counselling
• Do’s and don’ts in counselling
• Who should counsel?
• Qualities of a good counsellor
• Steps in counselling
• How to counsel
• Follow-up counselling

(5) Disciplinary Action
• Delivering verbal warnings: do’s and don’ts
• Preparing Written Warning Letters: do’s and don’ts
• Preparing suspension letters: do’s and don’ts
• Suspension before and after Domestic Inquiry

CONDUCTING DOMESTIC INQUIRY
(6) The Domestic Inquiry Panel
• Who sits on the panel?
• How to select the right panel
• Who selects the panel?
• The roles of panel members
• How many should be on the panel
• Rights of employer and employee

(7) Conducing the Domestic Inquiry Proper
• Seating arrangement of panel members and others
• Carrying Out the Domestic Inquiry: do’s and don’ts
• The process of the Inquiry
• Starting and ending the Inquiry
• Roles of chairman and panel members
• Roles of prosecutor, witnesses and accused
• Common pitfalls

TERMINATION OF EMPLOYMENT
(8) Unfair Dismissals & Constructive Dismissals
• Time limit for employee to make complaints under Industrial Relations Act 1967
• Who may represent employer for conciliation proceedings?
• Who may represent employer in Industrial Courts?
• Maximum compensation
• Dismissal without notice
• Dismissal with notice
• Constructive Dismissal

(9) Other Termination
• Notice period for Termination/lay-off
• Situations for termination
• Situations for giving notice
• Frustration of contracts
• Expiry of fixed term contracts
• Termination of probationers

(10) Termination Benefits
• Notice period
• Gratuity payments
• Termination benefits under the law

(11) Legal Aspects of Handling Misconduct, Conducting Domestic Inquiries and Termination of Employment
• Disciplinary action
• Company policy
• Relevant aspects of Employment Act & Industrial Relations Act
• Legal precedents set by Industrial court awards
• Code of conduct for Industrial Harmony

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