Showcause Notice Related To PIP And Behavior Problem..

Notice of Provisional Termination

It is revealed that you have not shown any sign of improvement in your performance, and your continuation with the service of the organization will be against the company's policies and interests. It has, therefore, been provisionally decided to terminate your services as per the terms and conditions of your employment.

Show Cause Notice

You are hereby called upon to show cause as to why your service should not be terminated as per the contract of employment. Your reply is expected within 4 days from the receipt of this show cause notice. If your reply is not received within the stipulated time, it shall be deemed that you have nothing to say against the proposed action, and further action will be taken on the said basis.

Importance of Specific Reasons in Show Cause Notices

A show cause notice should specify the reasons why the company is considering terminating the service of an employee. Without specific or provable reasons, the show cause notice can be contested in a labor court if you are classified as labor.

Even in managerial positions, HR should request reasons from the concerned department head before issuing a show cause notice to an employee.

If you feel that the SCN is not justified, you need to approach the HR Manager and seek clarification or provide explanations. However, if the reasons are justified, reply immediately and set your professional or personal matters in order.

Regards

Could you please let me know how to reply to this kind of Show Cause Notice (SCN) and what are the formalities for an SCN reply? What actions are expected from the organization's side and what is the general process for responding to an SCN?

Thank you.

Reference your SCN of ---- wherein you stated that I have not shown any improvement in my performance since ----. You'll appreciate, Sir, at the last Annual Performance you yourself had appropriately congratulated/compensated me. However, if you still feel otherwise, I can show up any time and meet you along with my supervisor. If there are any 'knotty' issues, they can be ironed out.

For me, like for all other staff, the Company's vision, mission, and goals are ever near and dear to me.

All the best to all at (name of the company).

Warmest regards

Could you please suggest to us if the organization is sending repeated SCN to temporary and permanent addresses, what is meant, and what is the intention of the organization?

Guidelines for Handling Show Cause Notices

Please note:

• No organizations repeatedly issue SCNs without rhyme or reason.
• Study very clearly what the contract says regarding the performance of your functions.
• If you have underperformed, don't argue or justify your stance.
• Accept your failure, promise to improve, and sincerely continue to give your best.
• Remember, before any service unit issues a notice, it does its homework in all quarters.
• When at fault, accept it and never delay.
• If not at fault, have the moral courage to speak or write your mind in the clearest terms possible.

Hope these help.

Regards.

After replying to SCN, how many days does it take for a normal organization to evaluate the written response? What parameters will they consider in the evaluation process?

SCN Reply

"I have been working in XXXX from XXXXXX sincerely. I truly apologize for my words, but my intention was not to hurt anybody in any way. After years of hard work, there was appreciation from management. However, I strongly disagree with the comments on my performance. As a team member, I have contributed more than the assigned tasks. My performance has always met expectations, and I have completed tasks without any delays or customer escalations. I look forward to your cooperation on this matter. Please provide your verdict on whether the employee should resign from the organization or let us address the issue."

Please let me know if you need any further assistance.

Normally, it shouldn't take more than a week for the reply.

Parameters for Performance Evaluation

The parameters, fundamentally, include performing your roles dutifully while adhering to ethics and staying within the organizational norms.

Course of Action if Unfairly Treated

If, at the end of the day, you strongly feel you are being unfairly treated and have not been given the opportunity to plead your case, then the best course of action under such circumstances is to quit.

If you strongly feel you have been unfairly and inequitably dealt with and have upheld your moral, ethical, and professional values, then these would weigh heavily in your favor during the interview for your next job.

Best of luck. Take things easy.

The day has come when the organization has terminated the employee as per company norms. They have provided three months' worth of money for the notice period. However, there is no relieving letter provided, and the option given is to formally request an official resignation through post.

Legal Action Against the Organization

Now, I want to know how to file a case against the organization, under which case it falls, whom to contact, and in which city to file. If we file in a different city, what will be the impact? Can you guide me on this matter?

Seek the reasons for termination; we hope that termination is not done for all employees, but rather for a specific/targeted person, with or without intention. One thing we need to keep in mind is that both the employee and the employer have the option for separation as mentioned in the appointment letter.

• **Option 1:** Employee can resign and separate with Notice or Notice Pay.

• **Option 2:** Employer can terminate with Notice or Notice Pay (with or without reason).

Since the job market is booming, employees are exercising Option 1 to quit their jobs and join other organizations for better prospects. Similarly, an organization can exercise Option 2 if they are not finding the right person for the right place.

There is no point in filing a case if the organization has followed the proper process of termination and given all legal dues. Still, if you want to proceed with filing a case, you can refer to the appointment letter, where the jurisdiction city is mentioned, and you need to file the case in the same city.

Above is our opinion based on decades of experience. However, everyone will have their own different opinion and may differ from ours. You can listen to all and take appropriate steps to move ahead in your career.

Regards,
HR Department
BrainLight HR Solutions

Can you guide me on whether a relieving letter and service certificate are issued after an order of termination? If the order of termination is accepted, what will happen in the future?

If an individual resigns from the organization and subsequently, within 15 minutes, the management decides to terminate and provides a full and final settlement cheque, what should be done in this scenario?

After termination, does the management require any communication via a Gmail account? If so, why?

Significance of a Relieving Letter and Service Certificate

What is the significance of a relieving letter and service certificate for a terminated employee? If these are issued, what is the purpose of the termination itself?

Post-Termination Actions

Regarding the termination of an employee, will the management take action against the manager post-termination? Who will oversee the Show Cause Notice (SCN) process and its evolution?

In a situation where proper proof is submitted to the management leading to termination, why would termination be necessary? What could be the underlying reasons?

Regards,
T

Can anyone guide me on the topic below?

Issuing Relieving Letter and Service Certificate Post-Termination

After the termination of an employee due to performance issues, with full and final settlement, the employee has appeared and is requesting a relieving letter and a service certificate. Can we issue the relieving letter? Can we retract the full and final amount?

Thank you.