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HR Disciplinary Action Form

HR Disciplinary Action Form Template for India

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HR Disciplinary Action Form

"I need an HR Disciplinary Action Form for a first-time attendance violation by a software developer, including a performance improvement plan and monitoring schedule for the next 3 months starting January 2025."

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Document background
The HR Disciplinary Action Form is a crucial document used in Indian organizations to maintain workplace discipline and ensure compliance with labor laws. This form is implemented when an employee violates company policies, demonstrates misconduct, or fails to meet expected behavioral standards. It must align with various Indian labor laws, including the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947. The document includes detailed information about the incident, investigation process, employee's response, and the final disciplinary action taken. It serves as an official record for legal and administrative purposes, protecting both the organization's interests and employee rights through a documented, fair process.
Suggested Sections

1. Employee Information: Details of the employee including name, employee ID, designation, department, and length of service

2. Incident Details: Specific details of the misconduct or violation including date, time, location, and nature of the incident

3. Policy Violation: Reference to specific company policies, standing orders, or regulations that were violated

4. Previous History: Record of any prior warnings, disciplinary actions, or relevant behavioral patterns

5. Investigation Summary: Overview of the investigation process, findings, and evidence collected

6. Employee Response: Documentation of the employee's explanation or defense during the disciplinary hearing

7. Action Taken: Details of the disciplinary action being implemented, including type of action and duration if applicable

8. Appeal Rights: Information about the employee's right to appeal and the appeal process

9. Acknowledgment: Signatures of all relevant parties including employee, supervisor, HR representative, and witnesses

Optional Sections

1. Witness Statements: To be included when witnesses were present during the incident or investigation

2. Union Representative Details: Required when the employee is represented by a union during the disciplinary process

3. Improvement Plan: Included when the disciplinary action includes a performance improvement or behavioral modification plan

4. Financial Impact: Details of any monetary penalties or salary impacts, if applicable to the disciplinary action

5. External Authority Involvement: Required when the case involves police, courts, or other external authorities

6. Return to Work Terms: Included in cases of suspension or temporary removal from duties

Suggested Schedules

1. Evidence Documentation: Copies of relevant evidence including emails, CCTV footage, attendance records, etc.

2. Investigation Report: Detailed report of the investigation process and findings

3. Meeting Minutes: Records of disciplinary hearings and related meetings

4. Prior Warnings: Copies of previous warning letters or disciplinary actions

5. Relevant Company Policies: Excerpts of specific company policies that were violated

6. Communication Records: Copies of all formal communications related to the disciplinary process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Manufacturing

Information Technology

Financial Services

Healthcare

Retail

Education

Telecommunications

Construction

Hospitality

Professional Services

Public Sector

Transportation

Energy

Real Estate

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Management

Industrial Relations

Employee Relations

Administration

Operations

Corporate Affairs

Relevant Roles

HR Manager

HR Director

Employee Relations Manager

HR Business Partner

Department Manager

Supervisor

Line Manager

Chief Human Resources Officer

HR Compliance Officer

HR Administrator

Department Head

General Manager

CEO

Managing Director

Industrial Relations Manager

Industries
Industrial Employment (Standing Orders) Act, 1946: Defines rules for disciplinary actions, misconduct, and procedural requirements for disciplinary proceedings in industrial establishments
Industrial Disputes Act, 1947: Governs employer-employee relationships and provides framework for handling workplace disputes and disciplinary matters
Article 14 of Indian Constitution: Ensures equality before law and requires fair treatment in disciplinary proceedings
Article 311 of Indian Constitution: Though applicable to government servants, provides principles of natural justice that are generally followed in private sector disciplinary proceedings
Shops and Establishment Acts: State-specific laws governing workplace conditions and employee rights, including disciplinary procedures
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Specific provisions for handling disciplinary matters related to sexual harassment cases
Information Technology Act, 2000: Relevant for disciplinary actions related to cyber misconduct or IT policy violations
Company HR Policy and Service Rules: Internal policies and rules that must be aligned with statutory requirements while defining disciplinary procedures
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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