Who Should Sign a Show Cause Notice: Factory Manager or HR Manager? Seeking Clarity

Friends,

I just want to know who is the right person to issue a show cause notice: the Factory Manager or the HR Manager. Is there a specific rule? Please specify.

In this case, the Factory Manager is a production personnel, and the HR Manager reports to him. However, the HR Manager is forcing the Factory Manager to sign the Show Cause Notice.

Please help.

Who Should Sign a Show Cause Notice?

"Show Cause Notice" is an official communication related to the matter of indiscipline. Therefore, it must be signed by the "competent authority." Now the question arises, who is the "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 the person who issues the show cause notice should be as senior as possible. Again, it depends on who the recipient of the show cause notice is. What is the designation of that person? If the recipient reports directly or indirectly to the Factory Manager (FM), then let the FM sign the notice. Otherwise, get it signed by the Director or Managing Director of the company.

Thanks,
Dinesh Divekar

Authority to Issue Show Cause Notice

The employer and/or the occupier of the factory named is the authority who signs such show-cause notice, chargesheet, or explanation letter. For disciplinary action purposes, such authority is referred to as the Punishing Authority or Disciplinary Authority, and this authority needs to be none other than the Appointing Authority. HR personnel in some organizations do sign the appointment offer letter, but the proper appointment letter must be issued under the signature of the authorized position holder, as mentioned in the certified standing orders applicable to the individual against whom disciplinary action is intended to be taken.

Kritarth Team, 20.5.19

In this case, the designation has no meaning. Such types of documents must be signed by the person who has the authority to appoint the person in the organization. Otherwise, such documents can be challenged by the person concerned in the court of law.

Regards,

The role of the competent authority in issuing a show-cause notice

The show-cause notice is the document that initiates the 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 a Board Resolution or the order of the Occupier delegating such authority to officers below in the hierarchy. If it is not 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.

Regards, B. Saikumar HR & Labour Relations Consultant