Employee Refuses Show Cause Notice for Misconduct: What Should Be Your Next Step?

If an employee refused to accept the show cause notice for malpractices conducted during his duty hours, which was caught by the security, what should be the next procedure? Kindly advise.

Regards,
Arun

Verification of Manpower for Karnataka Standing Orders

Just verify the manpower you engage so that Karnataka Standing Orders are applicable to your organization. If the act is applicable, read and follow the following:

Procedure for Issuing Disciplinary Documents

Always keep two witnesses while issuing any document related to disciplinary action as per the Standing Orders Act. In such a case, if an employee refuses to accept it, in the presence of the witnesses, inform the core content of the document that was refused by the employee. At the bottom of the document, write the following: Offered (document type) to (name) but he/she refused to accept the same. As such, the content was orally read out to (name). Signature, date, and time. Name, signature of witness 1 and witness 2 with date and time.

If you follow the procedure, the document is deemed as issued under the Standing Orders.

Please send Show Cause Notice with remarks by Employer "Refused to accept on ----- when served in Person @ Time in the presence of Witnesses ------------------- by Registered Post Ack Due to Employee's Residence Address as available in the records of the Company.

Further, additional charge of "Refusal to receive Notice/Communication" etc if the same is provided in your Service Rules/Certified Standing Orders.

Refusal to Accept Official Communication

Refusal to accept or receive an official communication, letter, instruction, order, etc., is a serious misconduct on the part of the concerned employee who refused to obey management's orders to receive and acknowledge receipt of the said communication.

Accordingly, he/she is liable to disciplinary action as per the service rules applicable to him/her, which every establishment like yours (a commercial establishment) must frame for all employed persons.

You may inform the concerned employee of the repercussions of such a refusal personally as well as in writing, giving him/her an opportunity to act lawfully. Failing which, he/she may be denied entry to the workplace until he/she receives the communication and responds thereto.

Steps to Take When Communication is Refused

Further, in situations where an employee refuses to receive the communication, obtain the signatures of at least two employee witnesses to such refusal, put up the communication copy on the notice boards, and simultaneously send signed copies of the said communication by registered post to his/her local and home addresses as per personal record. In the event he/she still refuses to receive the communication, posted to him/her and returned with postal remarks on the registered envelopes stating "addressee refused to receive" or "addressee not found at the address," carefully preserve the returned envelopes to be examined before the inquiry officer/inquiry committee. Proceed with a domestic/internal inquiry as per procedures laid down and in accordance with the principles of natural justice. On receipt of the inquiry report, take appropriate disciplinary action.

For any other assistance, Team Kritarth is always ready and willing to provide.

Regards