Whenever disciplinary action is initiated against any employee, the Principles of Natural Justice have to be followed. For suspending an employee by way of punishment or warning or censuring an employee , a domestic enquiry is not required . However for dismissing an employee, Domestic Enquiry is mandatory. The disciplinary action process has to be initiated as per the Standing orders, Service rules or terms and conditions of service of employment.

If the Principles of Natural Justice are ignored, the Domestic Enquiry becomes vitiated and courts may set aside the order of dismissal/termination. Therefore, it is essential that in the conduct of Domestic Enquiry, the procedure and the Principles of Natural Justice are followed. The proceedings should be conducted within the purview of the Industrial Disputes Act 1947

After attending the Workshop Participants will be enabled to conduct a Domestic Enquiry as per the established procedure. Participants will be taken through the 10 steps required to conduct a Domestic Enquiry and given handouts on How to conduct a Domestic Enquiry ? as well as drafts of Show Cause, Charge sheet , Enquiry Notice, Suspension Order and Termination letter

HR/IR Managers, Operating Executives/Managers working in Factories/Offices as well as those working as In-charges of HR/Personnel at site offices. This Workshop will also be of interest to those Managing Firms as Independent Professionals and SME Owners

• Industrial Disputes Act 1947 and its implications under Section 11A
• Important Clarifications
• Power of Labour Courts and Rights of a Workman
• Sections pertaining to Lay Offs , Retrenchment , Strikes and Lockouts
• Recent amendments
• How to conduct a Domestic Enquiry? 10 steps required to conduct a Domestic Enquiry
1. Preliminary Enquiry
2. Charge Sheet
3. Service of the Charge Sheet
4. Reply to the Charge Sheet
5. Enquiry Notice
6. Enquiry Proceedings
7. Findings of the Enquiry Officer
8. Sending the Report of the Enquiry Officer to the Accused
9. Role of the Disciplinary Authority in deciding on the Punishment
10. Punishment and Compliance with Sec 11A & 17 of Industrial Dispute Act

• Show Cause, Charge sheet , Enquiry Notice, Suspension Order and Termination letter
• Examples of each of the above will be presented followed by discussions
• Case discussions and Quiz
• 3 case studies dealing with different aspects followed by a Quiz
• Q & A. Sharing of experiences
• Key Learning and Action Plan

If you want to protect yourself and your Company from the potential hazards of an inappropriate/ faulty Domestic Enquiry, all you have to do is to attend our 1-day Workshop. The adverse impact of a faulty Domestic Enquiry is that the dismissed Employee may have to be taken back with full benefits and compensation.

Mr. Sujit Sen-B.Sc., L.L.B, PGD (HONS) PM & IR (XLRI) Consultant (HR & IR), , Total Experience over 38 years Formerly Sr. VP-HR Bata India Ltd., also worked as Vice President- HR - Shaw Wallace & Co., GM- HR - Britannia Industries Limited and Branch Manager in British Oxygen Limited (IOL). Former Vice Chairman IRM and Productivity Committee, B.C.C.I. Former Member and Faculty- Advisory Board ICFAIAN Business School and IISWBM & AIMS, respectively. He has handled complex HR & IR challenges in all Four Regions across India and is a recipient of Life Time Achievement Award in 2012 in India for his contribution in HR/ IR areas by Genius Management Consultants in collaboration with Times of India.