Re: What Is The Diffrence Between Discharge And Dismissal

hi
Plese clarrify what exactly is the diffirence between discharge and dismissal.
thanks
ravi

Hi Ravi,
Dismissal is as a result of disciplinary action taken against an employee who has committed an offence as specified in the Standing Orders of the company/ or violated other laid down policy.
Discharge is normal termination of employment agreement due to any other reason like achieving the age of retirement, down-sizing, abolition of the role which individual was filling etc.
Regards,
Naresh Taneja

Hi Taneja Ji
Thanks a lot for information.Plese also clarify whether removal from service can be equalled to discharge. As you are aware that removal from service can be inflicted as penalty can we have discharge inplace of removal from service. In a nutshell my question is whether we can inflict discharge as apunisment.
Ravi

Dear Ravi,
If I understand correctly, you want to punish an employee and terminate his employment but without telling him that it is as a result of punishment ! It is not legal.
If termination of the employment is all you desire, then invoke the employment contract term which states that employment can be terminated by either party (employee as well as employer ) by giving one month's notice or salary in lieu.
Regards,
Naresh Taneja

Hi,
I am writing below some point of differences b/w Discharge and Dismissal. These are:-
1-A dismissal is a more severe punishment than discharge. There is a stigma attached to the expression "dismissal" a disqualification for future employment. This is not so in case of discharge.
2-While dismissal is always a punishment. Discharge may or may not be a punishment.
3-In case of dismissal the employee is not usually entitled to provident fund or gratuity benefits but this is not so in the case of a discharge.
4-In dismissal immediate action is taken to terminate the employment contract of the employee without notice. But in case of discharge an agreed amount of notice may have to be given.
5-Before dismissing an employee, employer has to hold disciplinary proceeding in a proper way whereas, in case of, discharge he may or may not go for it.
Hope u will find it useful

hI dIVYA,
Let me add to what you have siad :
1.Discharge simpliciter and another is Discharge with stigma. When it is discharge with stigma the discharged employee faces problem in getting another employment.
In cases of Dismissal proper domestic enquiry is a must. then only punishment of dismissal can be inflicted. Dismissal cannot be made without considering the gravity of the misconduct proved.this is the sole consideration for dismissal. otherwise the dismissed would challenge the dismissal order in the court of law and the mgmt. has to prove that the dismissal order is perfectly in order. In domestic enquiry the procedure for inflicting Major Penalty has to be followed. Otherwise dismissal order cannot withstand in the eyes of law. As reagrs release of PF and Gratuity dues those are governed by the respective Acts. :idea:
I hope this further clarifies the correct legal position. :)
regards,
Yours truly,
SATISH KUMAR
SR. MANAGER (HR)
NTPC FOUNDATION, NOIDA

hI
tO
eVery-body!
This question seems simple but quite tricky to answer, yet i was going to deliver my thoughts, Divya's msg flashed. and i must admit this is the format in which i would like to describe this answer.
Thx 2divya for providing a fair view on this topic.
Regards
Lakshmi

Hi Ravi,
I think Naresh Taneja has given you fair idea about the subjected topic and I would like to add one think " A dismissal is followed by certain steps viz-warnings -(verbal,written) , inspection and reports on the topic etc.
and discharge is something which is bound with the standing order of the company take an example of retirement, lock out, shifting of the company, lack of fund, or stay order of the court.
Pls. write me if I am wrong !!
Regards
sachin Pathak

When Industrial Employment (Model Standing Orders) Act is applicable, whether 'DISCHARGE' or DISCHARGE SIMPLICITER can be imposed after a domestic enquiry and charges proved ?
[Please note, Discharge is not enlisted punishment as par STD. ORDERS.] or there is no alternative to "DISMISSAL" ?