Dinesh Divekar
Business Mentor, Consultant And Trainer
Kritarth Consulting
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Friends, I Just want to know who is the right person to issue show cause notice Factory Manager or HR Manager.
Is there is any specific Rule. Please specify.
In this case Factory Manager is production personal and HR manager reporting to him but HR manager forcing to factory manger to sign on Show Cause Notice.
Please Help.
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Dear Joshi CC,
"Show Cause Notice" is an official communication related to the matter of indiscipline. Therefore, it has to be signed by "competent authority". Now the question arises is who is "competent authority"? Has it been defined? In some companies, what a "competent authority" can do is well-defined. Has it been done in your company?
If there is no proper definition, then a person who issues the show cause notice should be as senior as possible. Again it depends who is the recipient of the show cause notice? What is the designation of that person? If the recipient report directly or indirectly to the Factory Manager (FM) then let FM sign the notice. Otherwise, get it signed by the Director or Managing Director of the company.
Dinesh Divekar
The Employer and or the Occupier of the Factory named is the Authority who signs such Show-Cause Notice or Charges-Sheet or Emplanation Letter. For Discilinary Action Purposes such Authority is reffered to as Punishing Authoriy or Disciplinary Authority and this Authority need be none else but the Appointing Authority. HR Personnel in few Organizations Do Sign the Appointment Offer Letter but the Proper Appointment Letter must be issued under Signature of Authorised do so Position-Hollder, which are mentioned in the Certified Standing Orders applicable to the One against Whom Disciplinaery Action is intended to be taken.
Kritarth Team,
In this case, the designation has no meaning. Such type of documents must be signed by the person, who has the authority to appoint the person in the organisation. otherwise, such documents can be challenged by the person concerned in the court of Law.
The show cause notice is the document that initiates disciplinary process and it shall be signed by the 'Competent Authority".The Standing Orders shall normally define the competent authority who is vested with such disciplinary powers. You can look for Board Resolution or the order of the Occupier delegating such authority to officers below in hierarchy.
If it is nowhere defined in the standing orders, then it is prudent that the authority who is competent to appoint the delinquent employee shall sign the show cause notice.
HR & Labour Relations Consultant
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