dear
in my view in show casuse notice you can ask individual about his expanation before iossuing charge sheet.
in priliminary investigation you can issue show cause to see whether charge establish against individual or not.
charge sheet is a specific document on the basis of that individual is asked explanation
From India, Delhi
167in my view in show casuse notice you can ask individual about his expanation before iossuing charge sheet.
in priliminary investigation you can issue show cause to see whether charge establish against individual or not.
charge sheet is a specific document on the basis of that individual is asked explanation
From India, Delhi
Hello Moumita,
A Showcause is to give a chance to the individual to give his part of the story/issue AFTER someone--usually his/her boss--complains. There can be instances when his version could be more logical/reasonable whereupon the complainant is informed & the issue closed. That's where it always pays for the Complainant to do his/her homework properly before complaining--whichever/whatever situation it may be--since though officially no harm is done, it becomes a loss of face in many instances leading to later ego issues.
IF the showcause isn't convincing enough, that's when the chargesheet is issued--usually the first step towards firm action against the employee.
Rgds,
TS
From India, Hyderabad
A Showcause is to give a chance to the individual to give his part of the story/issue AFTER someone--usually his/her boss--complains. There can be instances when his version could be more logical/reasonable whereupon the complainant is informed & the issue closed. That's where it always pays for the Complainant to do his/her homework properly before complaining--whichever/whatever situation it may be--since though officially no harm is done, it becomes a loss of face in many instances leading to later ego issues.
IF the showcause isn't convincing enough, that's when the chargesheet is issued--usually the first step towards firm action against the employee.
Rgds,
TS
From India, Hyderabad
Momutia,
Show cause is to be given those who does the mistake lightly like habitual late entry,smoking,abusing etc
Charge sheet is given to those who does misconduct and this is the first step towards the employee.
From India, Jhajjar
Show cause is to be given those who does the mistake lightly like habitual late entry,smoking,abusing etc
Charge sheet is given to those who does misconduct and this is the first step towards the employee.
From India, Jhajjar
Dear Moumita_happy
Mr. Malik has answered your query perfectly.
I would like to just add :
"Charge sheet is a specific document" and is issued prior to holding a Departmental Enquiry. In fact, during the D.E. the "prosecution" tries to prove the charges and the Charge-Sheeted Employee "defends" himself of the alleged charges.
Thus, Show Cause Notice can be issued for any infringement of rules and procedure; whereas Charge Sheet is issued when an employee commits a Misconduct, as defined specifically in the Standing Orders or Conduct Rules.
Also, Charge Sheet is issued for major Misconduct and a Departmental Enquiry is envitable, and follows the issue of Charge Sheet. In fact, that is the purpose of issue of a Charge Sheet.
Warm regards.
From India, Delhi
Mr. Malik has answered your query perfectly.
I would like to just add :
"Charge sheet is a specific document" and is issued prior to holding a Departmental Enquiry. In fact, during the D.E. the "prosecution" tries to prove the charges and the Charge-Sheeted Employee "defends" himself of the alleged charges.
Thus, Show Cause Notice can be issued for any infringement of rules and procedure; whereas Charge Sheet is issued when an employee commits a Misconduct, as defined specifically in the Standing Orders or Conduct Rules.
Also, Charge Sheet is issued for major Misconduct and a Departmental Enquiry is envitable, and follows the issue of Charge Sheet. In fact, that is the purpose of issue of a Charge Sheet.
Warm regards.
From India, Delhi
Dear HR Colleagues.
can anybody send me the format for terminating the employees by mentioning his misconduct or non performance?
If u people help me in this regards would be great thankful
Regards
Chandru
Executive - HR
From India, Bangalore
can anybody send me the format for terminating the employees by mentioning his misconduct or non performance?
If u people help me in this regards would be great thankful
Regards
Chandru
Executive - HR
From India, Bangalore
For all practical purposes, the Show Cause Notice and / or Charge Sheet or Explanation Letter are one and the same.
A Show Cause Notice contains the alleged act of misconduct and are issued under the signature and the office seal of the appropriate Punishing Authority.
Likewise, charge sheet contains the alleged act of misconduct and are issued under the signature and the office seal of the appropriate Punishing Authority.
Further, technically the Explanation Letter is also like the Show Cause Notice. The only minor distinction is that in some establishment, explanation letter is issued to non-worker cadre whereas show cause and charge sheet is issued to worker cadre.
it is inappropriate to make a distinction between Show Cause notice and charge sheet and consequently unnecessary invest in time, energy and efforts in routinely following sequential steps of first issuing a show cause and then issue a charge sheet.
Initiating disciplinary action has to be based on 3 time tested concept of fairness, reasonableness and propriety.
Thanks & Best Wishes
Harsh Kumar Sharan (XLRI Alumnus)
Head - Executive Coaching & Training, IR Expert
Kritarth Consulting (P) Ltd.
New Delhi
Email:
From India, Delhi
A Show Cause Notice contains the alleged act of misconduct and are issued under the signature and the office seal of the appropriate Punishing Authority.
Likewise, charge sheet contains the alleged act of misconduct and are issued under the signature and the office seal of the appropriate Punishing Authority.
Further, technically the Explanation Letter is also like the Show Cause Notice. The only minor distinction is that in some establishment, explanation letter is issued to non-worker cadre whereas show cause and charge sheet is issued to worker cadre.
it is inappropriate to make a distinction between Show Cause notice and charge sheet and consequently unnecessary invest in time, energy and efforts in routinely following sequential steps of first issuing a show cause and then issue a charge sheet.
Initiating disciplinary action has to be based on 3 time tested concept of fairness, reasonableness and propriety.
Thanks & Best Wishes
Harsh Kumar Sharan (XLRI Alumnus)
Head - Executive Coaching & Training, IR Expert
Kritarth Consulting (P) Ltd.
New Delhi
Email:
From India, Delhi
Dear friend,
An employer has to be very careful in taking action in disciplinary cases and awarding punishments. If the management fails to follow the principles of natural justice or the procedure prescribed in the standing orders applicable to it its action is liable to be challenged. The courts have repeatedly laid emphasis on following the principles of natural justice under which the employer has to confirm to a certain procedure in conducting domestic enquiry before punishing an employee for misconduct.
Show cause notice
As a first step in the case of misconduct employee has to be informed specifically of the charges alleged against him and his explanation should be called for. This is show cause notice.
Charge sheet.
If the explanation is not satisfactory or the employee does not accept the charges then an enquiry should be held following the rules of natural justice in which he should be given all reasonable facilities to disprove the allegations made against him. In this case you have to issue the employee with a charge sheet. In the charge sheet you have to categorically mention all the charges and seriousness of each charge. You may also combine notice of enquiry with the charge sheet.
If date of enquiry and enquiry officer is not fixed you can issue a charge sheet mentioning that the date and E.O. will be notified in time.
In serious cases pending enquiry the employee may be suspended.
(Though not asked for procedure for initiating disciplinary action is detailed below:
a. Issue of a letter of charge (charge sheet) to the employee calling for explanation.
b. On receipt consideration of explanation.
c. If the explanation is not satisfactory or no explanation is received within the stipulated time giving notice to the employee, of an enquiry to be held into the charges leveled against him.
d. If it is a prima-facie case of misconduct, notice of enquiry may combine with the charge-sheet without calling for explanation in the first instance.
e. Holding of enquiry giving full facility to the employee for being represented and heard at the enquiry. (Proceedings of the enquiry fully recorded)
f. Recording findings of enquiry officer.
g. Consideration of the same by authority empowered to take decision and issue order.
h. Informing the employee in writing of the punishment decided upon by management.)
From India, Kollam
An employer has to be very careful in taking action in disciplinary cases and awarding punishments. If the management fails to follow the principles of natural justice or the procedure prescribed in the standing orders applicable to it its action is liable to be challenged. The courts have repeatedly laid emphasis on following the principles of natural justice under which the employer has to confirm to a certain procedure in conducting domestic enquiry before punishing an employee for misconduct.
Show cause notice
As a first step in the case of misconduct employee has to be informed specifically of the charges alleged against him and his explanation should be called for. This is show cause notice.
Charge sheet.
If the explanation is not satisfactory or the employee does not accept the charges then an enquiry should be held following the rules of natural justice in which he should be given all reasonable facilities to disprove the allegations made against him. In this case you have to issue the employee with a charge sheet. In the charge sheet you have to categorically mention all the charges and seriousness of each charge. You may also combine notice of enquiry with the charge sheet.
If date of enquiry and enquiry officer is not fixed you can issue a charge sheet mentioning that the date and E.O. will be notified in time.
In serious cases pending enquiry the employee may be suspended.
(Though not asked for procedure for initiating disciplinary action is detailed below:
a. Issue of a letter of charge (charge sheet) to the employee calling for explanation.
b. On receipt consideration of explanation.
c. If the explanation is not satisfactory or no explanation is received within the stipulated time giving notice to the employee, of an enquiry to be held into the charges leveled against him.
d. If it is a prima-facie case of misconduct, notice of enquiry may combine with the charge-sheet without calling for explanation in the first instance.
e. Holding of enquiry giving full facility to the employee for being represented and heard at the enquiry. (Proceedings of the enquiry fully recorded)
f. Recording findings of enquiry officer.
g. Consideration of the same by authority empowered to take decision and issue order.
h. Informing the employee in writing of the punishment decided upon by management.)
From India, Kollam
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