Understanding Labor Laws: How Do "Discharge" and "Dismissal" Differ?

What is the difference between "Discharge" and "Dismissal" under the labor laws?

Regards,
Gaurang Sheth

Gaurang,

Please search this site for more discussions available here before posting a repetitive query. This topic was discussed last year. Anyways, my reply is:

Discharge - Separation on mutual understanding between employee and employer which is in line with the procedures of the organization. Example: Resignation

Dismissal - Removal of the person from the organization as a punishment for his actions. Example: Termination

Regards,
chandru

In both cases, the employee leaves the organization. Discharge is voluntary separation, dismissal is removal by the organization as punishment, layoff/downsize is the removal due to economic/financial situations with or without compensation.

Here are some examples:
His resignation letter was accepted, and he was relieved from the services.
As his forgery of company documents was proven, he was immediately dismissed and discharged from the services.
As the subordinate misbehaved with the manager, he was suspended for a week.
They were laid off from the services on Dec 31.
'Laughing' and 'Smiling' have different situational terms, though they exhibit 'a curve on lips'.

Hope I have tried to explain you.

Regards,
Chandru

On what grounds was he discharged from the service of the company? It could be resignation, dismissal/termination, layoff, etc.

Chandru

Dear Seeker,

Greetings.

Discharge and Dismissal, both are forms of punishment resulting in the termination of employment of an employed person by an action of the employer. Both can be on grounds of indiscipline/acts of misconduct for which a fair and proper domestic inquiry, as per the laid-down procedure, has been held. Dismissal is a punishment for severe/grave acts of misconduct when the employer may withhold settlement payments like gratuity, whereas in discharge cases by way of punishment, the employer releases all settlement dues. It is true that discharge from the company's service also means termination on account of the acceptance of (voluntary) resignation, on medical unfitness for a long period, superannuation, etc.

You may seek further clarity.

Harsh K Sharan (XLRI Alumnus) Consultant Employee Relations & Industrial Relations New Delhi hksharan@probusindia.com 91 09312650756

Hello,

Isn't the meaning of "Discharge one's duty" - to perform the duty?

I believe it is based on the context we use: To discharge one's duty - is to perform his duty. To discharge someone from his duty - is to explain that you have relieved the person from his duties.

A person may request on tendering his resignation that he may be discharged from or relieved from his duties as on DD/MM/YY.

Dismissal is - To voluntarily terminate the person due to misconduct or lack of performance (I have related to work).

You must have heard this frequency - His request was dismissed on the grounds of lack of supporting proof.

So - it means a voluntary action.

However - in both cases you discharge the person from the duties. When a person voluntarily retires - you still discharge him from his duties. When a person is terminated - we take away his responsibilities or we discharge him from his responsibilities.

Definitions of discharge may state - Relieving or removing of burden/load. So when I mean a person has to discharge his duties at work - it means, the person has a set of responsibilities and tasks to complete - so he is bound to discharge the duties expected of him in a sincere and honest manner.

In my opinion,

Discharge: take him up to the gate and leave like a ghost.

Dismiss: Kick him from the gate.

by Kali Janni.

Discharge is somewhat a sympathetic way of punishing an employee, whereas dismissal is the final step in the process of administering punishment. In both cases, conducting an inquiry and serving a notice of discharge or dismissal is mandatory. An employee who is discharged from service will be eligible for all benefits due from the company, such as gratuity, bonus, encashment of unavailed leaves, etc., whereas a dismissed employee will not receive any terminal benefits. Therefore, dismissal is only awarded when the misconduct is severe and warrants no lesser punishment than dismissal.

Regards, Madhu.T.K

"Discharge Simplicitor," as it is technically known, is used in cases of loss of confidence, prolonged illness, or any such similar grounds. In such cases, a domestic inquiry is not instituted. The employee is given a letter called "Discharge Simplicitor" and relieved from his/her duty. There is no stigma attached in cases of discharge.

Also, you do not discharge a person upon resignation or superannuation. Normally, you "relieve" a person under such circumstances.

"Dismissal" happens after following the due course of disciplinary proceedings – charge sheet, domestic inquiry, etc. It carries a stigma.

In certain specific cases, gratuity may be withheld while settling dues in full and final.

Vasant Nair

Dear Gaurang Sheth,
in my Company the two words can be understanded as follows :
Dismissal
Discharge
Same :

- Form of termination of employment by Company


- Form of termination of employment by Company

Difference
- A purnishment for acts of misconduct .
- Company can release all of settlement for termination of labour contract ,and may ask for compensation for the employee's action caused the damage for Company's property or benefit
- A resignation, retirement ,or lay-off/cut down labour force due to economic/financial situation ….
- Company pays settlement for termination of labour contract basing on the law or depending Company's policies.
BRGS
TTLUONG

Dear All,

I am working in the Power Industry as an HR professional. My question is, if an employee is given Compensatory Off (C.OFF) instead of cash payment for overtime (OT), will this C.OFF be considered a present day? And when calculating earned leaves (ELs) at the end of the year, will this C.OFF also be counted as a day present in the office by the employee? Am I correct?

Please clarify this for me.

Regards,
Murali
murali_uma2003@yahoo.com