Warning Letter ... Domestic Enquiry is Mandatory?
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Warning Letter ... Domestic Enquiry is Mandatory?

Prashant B Ingawale Started The Discussion:

Dear Experts,

If after show cause notice to delinquent employee the employee ask for forgiveness in his written reply.
Can management issue him warning letter based on the reply by the employee or to issue the Warning Letter " Domestic Enquiry is mandatory ?"

ramanarg - Member Since: Aug 2007
Dear Mr.Prashant,

It is the sole discretion of the management to accept the letter seeking forgiveness and to issue or not issue a warning letter just to file in the person's personal file. Domestic Enquiry is mandatory only when the Management wants to punish the employee. We follow this in our organization.

Regards.

Ganesh

Dinesh Divekar - Member Since: Nov 2006
Dear Prashant,

This is in addition to what Ganesh has said.

For small offences show cause notice is issued and for major offences, domestic enquiry is conducted. What matters is gravity of the offence or recurrence of the offence, its minor nature is notwithstanding.

When the delinquent employee accepts his fault and asks for forgiving his default, management should concentrate on a organisation as a whole. It should not set a bad trend of committing mistake and then asking apology. That is bad.

The second thing management should consider what operational losses or customer dissatisfaction was caused because of the employee's default.

Management should never compromise with the indiscipline. Discipline is the foundation of the organisation.

Ok...

Dinesh V Divekar
Management Training Consultant
Bangalore - 560094
+91-99001-55394-

Beware of false knowledge; it is more dangerous than ignorance.


Dear Experts,

If after show cause notice to delinquent employee the employee ask for forgiveness in his written reply.
Can management issue him warning letter based on the reply by the employee or to issue the Warning Letter " Domestic Enquiry is mandatory ?"

ramanarg - Member Since: Aug 2007
Absolutely right Dinesh. U hav put it so nicely. Yr knowledge and experiance speak.
Regards.
Ganesh
TE=Dinesh Divekar;1688929]Dear Prashant,

This is in addition to what Ganesh has said.

For small offences show cause notice is issued and for major offences, domestic enquiry is conducted. What matters is gravity of the offence or recurrence of the offence, its minor nature is notwithstanding.

When the delinquent employee accepts his fault and asks for forgiving his default, management should concentrate on a organisation as a whole. It should not set a bad trend of committing mistake and then asking apology. That is bad.

The second thing management should consider what operational losses or customer dissatisfaction was caused because of the employee's default.

Management should never compromise with the indiscipline. Discipline is the foundation of the organisation.

Ok...

Dinesh V Divekar
Management Training Consultant
Bangalore - 560094
+91-99001-55394-

Beware of false knowledge; it is more dangerous than ignorance.


Dear Experts,

If after show cause notice to delinquent employee the employee ask for forgiveness in his written reply.
Can management issue him warning letter based on the reply by the employee or to issue the Warning Letter " Domestic Enquiry is mandatory ?"[/QUOTE]

tapadiya - Member Since: Nov 2009
Dear Member, For every diciplinary action domestic enquiry is must even employee ask for forgiveness in his written reply. Thanks, Vijay Tapadiya

psdhingra - Member Since: Aug 2009
Domestic inquiry is not mandatory, if the suspected employee has admitted his fault. Domestic inquiry is made only when the employee has denied the charge and the management considers to make an independent inquiry about the offence by the employee.

On his asking for forgiveness, the management has the discretion to forgive him or to issue warning or award any other punishment as per conduct & discipline rules or the standing Orders.

Quote:
Originally Posted by Prashant B Ingawale View Post
Dear Experts,

If after show cause notice to delinquent employee the employee ask for forgiveness in his written reply.
Can management issue him warning letter based on the reply by the employee or to issue the Warning Letter " Domestic Enquiry is mandatory ?"

Vasant Nair - Member Since: Jul 2009
Dear Friend,

Strictly speaking Warning is also a punishment. The Standing Orders provide for the guidelines for taking disciplinary action for any act of mis-conduct committed by an employee.

Ideally, Warning letter should also be issued in accordance with the provisions of the Company's Standing Orders.

But then, one does not reccommend instituting and conducting Domestic Enquiry for all acts of misconduct.

To address instances like the one faced by our friend here, since the concerend employee has accepted the charge levelled against him and is asking for forgiveness...lets us also adopt a practical approach to such situations.

A Warning Letter or an Advisory letter may be issed to the concerned employee cautioning him that if he commits any such or similar act of misconduct in future he shall render himself liable for appropriate disciplinary action.

In such cases one does not have to go through a Domestic Enquiry before issuing a Warning Letter.

Best Wishes,

Vasant Nair

psdhingra - Member Since: Aug 2009
Dear Vijay, Can you quote provision of any law under which it is necessary to hold a domestic enquiry even when the employee himself has admitted his fault and asked for forgiveness?

fusionhrlab - Member Since: Mar 2012
Its upto the management to forgive him or give warning letter. Most of the HR people decide upon the employee's past record, relationship and the gravity of the misconduct.

S. Baskaran
Fusion HR Lab - The practice School for professionals.
Pondicherry
Mobile : 99440 25608
Mail :

Vasant Nair - Member Since: Jul 2009
Dear Prashant,

It is true that before inflicting any kind of punishment on an employee, Domestic Enquiry has to be conducted. This is being technically correct.

However, in real life situations, when the misconduct committed by an employee is rather minor, he is given a Warning Letter without going through the process of conducting a Domestic Enquiry.

To answer your question, in such cases it is NOT mandatory to conduct a Domestic Enquiry before issuing a Warning Letter.

Best Wishes,

Vasant Nair



Quote:
Originally Posted by Prashant B Ingawale View Post
Dear Experts,

If after show cause notice to delinquent employee the employee ask for forgiveness in his written reply.
Can management issue him warning letter based on the reply by the employee or to issue the Warning Letter " Domestic Enquiry is mandatory ?"

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