P19 Industrial Relations Management BBA NEP 2024-25 4th Semester Notes

Unit 1 [Book]
Industrial Relations, Concept, Objectives, Nature and Scope VIEW
Approaches to Industrial Relations VIEW
Trade Unions VIEW
Industrial Disputes and their Resolutions VIEW
International Labour Organization Role and Functions VIEW
Unit 2 [Book]
Workers Participation in Management VIEW
Works Committee, Joint Management Councils VIEW
Pre-Requisite for Successful Workers participation VIEW
Collective Bargaining Form and Process VIEW
Role of Government in Collective Bargaining VIEW
Unit 3 [Book]
Industrial Unrest VIEW
Employee Dissatisfaction: VIEW
Employee Grievances VIEW VIEW
Disciplinary Action, Domestic Enquiry VIEW
Strikes, Prevention of Strikes, Lockouts VIEW
Discipline: Positive, Negative discipline VIEW
Disciplinary procedure VIEW
Absenteeism VIEW
Turnover VIEW
Dismissal and Discharge VIEW
Unit 4 [Book]
Factories Act Meaning, Definition VIEW
Welfare, Safety in Factories Act VIEW
Health Measures in Factories Act VIEW
General Provisions of Workmen’s Compensation Act VIEW
Bonus Act, 1965 VIEW
Gratuity Act, 1972 VIEW

Disciplinary Action, Domestic Enquiry

Disciplinary action refers to measures taken by employers against employees for misconduct, violation of company policies, or breach of work ethics. In India, disciplinary proceedings in workplaces are governed by various labor laws and principles of natural justice. A domestic enquiry is an internal investigation conducted by an employer before imposing any penalty on an employee. It ensures that the employee gets a fair chance to present their side of the case.

Legal Framework for Disciplinary Action

Disciplinary action in India is primarily governed by:

  1. Industrial Employment (Standing Orders) Act, 1946: It provides a framework for disciplinary action in industrial establishments.
  2. Industrial Disputes Act, 1947: It covers termination, suspension, and retrenchment procedures.
  3. Indian Contract Act, 1872: Covers employer-employee contractual obligations.
  4. Shops and Establishments Act (varies by state): Regulates disciplinary actions in commercial establishments.
  5. Companies Act, 2013: Governs corporate employees and executives.

Types of Misconduct Leading to Disciplinary Action

Misconduct is broadly classified into:

  • Minor Misconduct: Late coming, minor negligence, insubordination, inefficiency, etc.
  • Major Misconduct: Fraud, theft, violence, sexual harassment, unauthorized absence, etc.

Principles of Natural Justice in Disciplinary Proceedings

Every disciplinary action must follow natural justice principles:

  1. No one shall be a judge in their own case: The enquiry officer must be unbiased.
  2. Fair hearing: The accused employee must be given a chance to defend themselves.
  3. Evidence-based decision: The decision must be based on facts and evidence.

Steps in Disciplinary Action and Domestic Enquiry:

1. Preliminary Investigation

  • Conducted to verify the complaint before initiating formal proceedings.
  • If the complaint is found baseless, no further action is taken.

2. Issue of Charge Sheet

  • If misconduct is confirmed, a charge sheet is issued to the employee.
  • The charge sheet specifies allegations, evidence, and asks for an explanation.
  • The employee is given a reasonable time to reply.

3. Employee’s Response to the Charge Sheet

  • The employee may admit or deny the charges.
  • If the explanation is satisfactory, the case may be closed.
  • If not, a domestic enquiry is initiated.

4. Appointment of an Enquiry Officer

  • The employer appoints an independent Enquiry Officer to conduct the investigation.
  • The officer must not have any personal interest in the case.

5. Conduct of Domestic Enquiry

  • The employee is given a fair opportunity to defend themselves.
  • Witnesses and evidence are examined.
  • Both employer and employee can present their case.

6. Submission of Enquiry Report

  • The enquiry officer submits a detailed report with findings and recommendations.
  • If the employee is found guilty, disciplinary action is proposed.

7. Final Decision and Punishment

  • The employer considers the report and takes action such as:
    • Warning – For minor misconduct.
    • Suspension – Temporary removal from service.
    • Demotion – Reduction in rank/pay.
    • Termination/Dismissal – Permanent removal from service.

8. Appeal and Review

Employees can appeal against the decision through internal grievance mechanisms or labor courts.

Landmark Judgments on Domestic Enquiry in India:

  1. State of Haryana v. Rattan Singh (1977): Emphasized the need for fairness in domestic enquiries.
  2. Workmen of Motipur Sugar Factory v. Motipur Sugar Factory (1965): Established that employers must follow procedural fairness.
  3. D.K. Yadav v. JMA Industries Ltd. (1993): Ruled that termination without following principles of natural justice is void.

Difference between Training and Development

Training

Training is a systematic process aimed at enhancing the skills, knowledge, and competencies of employees to improve their performance and productivity in their current roles. It involves structured programs, workshops, or hands-on learning experiences designed to teach specific job-related tasks, technical abilities, or soft skills. Training ensures that employees are equipped with the necessary tools and understanding to perform their duties effectively and adapt to new technologies, processes, or changes within the organization. By investing in training, organizations foster a culture of continuous learning and development, leading to increased job satisfaction, higher employee retention, and overall organizational success. Training can be delivered through various methods, including on-the-job training, e-learning, seminars, and classroom instruction.

Characteristics of Training:

  • Structured Approach:

Training programs are typically organized and structured, with clear objectives, content, and timelines. They follow a systematic process to ensure that learning outcomes are achieved efficiently.

  • Goal-Oriented:

Training programs are designed to achieve specific learning objectives related to improving job performance, acquiring new skills, or enhancing knowledge in a particular area.

  • Practical and Hands-On:

Training often involves practical, hands-on learning experiences that allow participants to apply new knowledge and skills in real-world situations. This experiential learning approach enhances retention and skill transfer.

  • Targeted Audience:

Training programs are tailored to meet the needs of a specific audience, such as employees in a particular department, role, or skill level. They are designed to address the unique learning needs and objectives of the target audience.

  • Instructor-Led or Facilitated:

Training programs may be delivered by instructors, trainers, or facilitators who guide participants through the learning process. They provide instruction, feedback, and support to help participants achieve their learning goals.

  • Interactive and Engaging:

Effective training programs incorporate interactive elements, such as group discussions, case studies, simulations, and role-playing exercises, to engage participants and promote active learning.

  • Feedback and Assessment:

Training programs include mechanisms for providing feedback and assessing participants’ progress and performance. This may involve quizzes, tests, evaluations, or feedback from instructors or peers to gauge learning effectiveness.

  • Continuous Improvement:

Training programs are subject to continuous evaluation and improvement to ensure their relevance, effectiveness, and alignment with organizational goals and learner needs. Feedback from participants and stakeholders is used to refine and enhance future training initiatives.

  • Flexible Delivery Methods:

Training programs may be delivered through various delivery methods, including in-person sessions, online courses, webinars, workshops, and self-paced modules. This flexibility allows organizations to accommodate diverse learning preferences and logistical constraints.

  • Measureable Outcomes:

Training programs are designed with measurable learning outcomes or performance indicators that allow organizations to assess the effectiveness of the training and its impact on employee performance, productivity, and organizational goals.

Development

Development refers to the ongoing process of enhancing an employee’s skills, knowledge, and abilities to prepare them for future roles and responsibilities within an organization. Unlike training, which focuses on immediate job-related skills, development aims at long-term growth and career progression. It includes activities such as mentoring, coaching, leadership development programs, and continuing education. Development helps employees broaden their competencies, adapt to changing job requirements, and achieve their professional goals. By investing in development, organizations foster a motivated and capable workforce, ensure a pipeline of future leaders, and enhance overall organizational performance and innovation. This commitment to employee growth ultimately contributes to higher job satisfaction and retention.

Characteristics of Development:

  • Long-Term Focus:

Development initiatives have a long-term perspective, focusing on enhancing employees’ skills, knowledge, and capabilities over time to prepare them for future roles and responsibilities within the organization.

  • Career Growth and Advancement:

Development initiatives are aimed at supporting employees’ career growth and advancement within the organization by providing opportunities for skill enhancement, career planning, and professional development.

  • Individualized Approach:

Development initiatives are often tailored to meet the unique needs and aspirations of individual employees. They take into account employees’ strengths, weaknesses, interests, and career goals to create personalized development plans.

  • Holistic Development:

Development initiatives encompass a broad range of learning experiences and activities beyond job-specific skills, including leadership development, interpersonal skills, strategic thinking, and emotional intelligence.

  • Self-Directed Learning:

Development encourages employees to take ownership of their learning and development by actively seeking out opportunities for growth, acquiring new skills, and pursuing professional development activities outside of formal training programs.

  • Mentoring and Coaching:

Development initiatives often include mentoring and coaching relationships, where more experienced employees or leaders provide guidance, support, and feedback to less experienced individuals to help them grow and develop professionally.

  • Experiential Learning:

Development emphasizes experiential learning opportunities that allow employees to learn and grow through hands-on experiences, challenging assignments, stretch projects, and cross-functional collaborations.

  • Feedback and Reflection:

Development encourages employees to seek feedback from others, reflect on their experiences, and learn from both successes and failures. Feedback and reflection are integral to the learning process and contribute to continuous improvement.

  • Organizational Support:

Development initiatives receive support and endorsement from organizational leaders and stakeholders, who recognize the importance of investing in employee development to build a skilled and capable workforce.

  • Continuous Learning Culture:

Development initiatives foster a culture of continuous learning and growth within the organization, where employees are encouraged to continually expand their knowledge, skills, and capabilities to adapt to changing business needs and stay competitive.

Key difference between Training and Development

Aspect Training Development
Focus Short-term Long-term
Purpose Improve job skills Foster career growth
Timeframe Immediate Ongoing
Scope Specific skills/tasks Broad skill enhancement
Audience Group-oriented Individualized
Method Structured instruction Self-directed learning
Feedback Performance evaluation Personal reflection
Outcome Enhanced performance Career advancement
Mentorship Limited Commonly involved
Experiential Less emphasis Emphasized
Organizational Skill acquisition focus Talent development focus
Leadership focus Less prominent Emphasized

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