Dear Seniors, Please guide me that, if an employee doesn’t accept show cause notice or a MEMO then what is the further action HR supposed to take?
From India, Pune
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3From India, Pune
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Hi Pradnya,
You can send a show-cause notice through a registered mail to his residential address. If his house is closed, you can stick it on his house door, notifying him to reply within a specified time. If he doesn't respond, then proceed to frame a chargesheet.
Siddharth
From India, Surat
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You can send a show-cause notice through a registered mail to his residential address. If his house is closed, you can stick it on his house door, notifying him to reply within a specified time. If he doesn't respond, then proceed to frame a chargesheet.
Siddharth
From India, Surat
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Thanks Siddharth, But problem is concern employee is coming in the office regularly but not ready to take that show cause notice in hand & I can not handover it to him forcefully...
From India, Pune
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From India, Pune
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Dear Pradnya,
Greetings.
Refusal to receive a charge sheet or a written communication from management/employer, as mentioned by you, amounts to acts of gross/grave misconduct for which your employee is liable to punishment. Please take the following actions immediately:
1. A letter signed by the punishing authority under his official seal must be issued to the delinquent employee/charge-sheeted employee, informing/advising him that he would not be allowed to resume duty/take on duty unless he receives and replies to the charge sheet. Give him 2 working days from the time of the issue of the above-mentioned letter to receive the charge sheet/show cause notice. Also, inform him that for not receiving the first charge sheet, another charge sheet for refusal will be issued to him.
2. In the event of an employee refusing to receive a charge sheet in the first instance itself, the superior responsible for issuing this charge sheet must record such refusal in writing on the signed copy of the charge sheet and arrange 2 witnesses (colleagues) to attest such refusal in their handwriting (signature). After this step, signed copies of the said charge sheet with the office seal of the issuing authority should be registered and posted to the concerned employee at his local and home addresses as per company records. Simultaneously, a signed copy of this charge sheet should be posted on the departmental main notice board.
In case the registered posted envelope is returned with postal remarks "refuse to receive," management should initiate disciplinary action, namely:
Appointing an inquiry officer and nominating a management's representative to conduct a proper and fair domestic inquiry as per the laid-down procedure.
Management is not helpless in respect of initiating disciplinary action.
From India, Delhi
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Greetings.
Refusal to receive a charge sheet or a written communication from management/employer, as mentioned by you, amounts to acts of gross/grave misconduct for which your employee is liable to punishment. Please take the following actions immediately:
1. A letter signed by the punishing authority under his official seal must be issued to the delinquent employee/charge-sheeted employee, informing/advising him that he would not be allowed to resume duty/take on duty unless he receives and replies to the charge sheet. Give him 2 working days from the time of the issue of the above-mentioned letter to receive the charge sheet/show cause notice. Also, inform him that for not receiving the first charge sheet, another charge sheet for refusal will be issued to him.
2. In the event of an employee refusing to receive a charge sheet in the first instance itself, the superior responsible for issuing this charge sheet must record such refusal in writing on the signed copy of the charge sheet and arrange 2 witnesses (colleagues) to attest such refusal in their handwriting (signature). After this step, signed copies of the said charge sheet with the office seal of the issuing authority should be registered and posted to the concerned employee at his local and home addresses as per company records. Simultaneously, a signed copy of this charge sheet should be posted on the departmental main notice board.
In case the registered posted envelope is returned with postal remarks "refuse to receive," management should initiate disciplinary action, namely:
Appointing an inquiry officer and nominating a management's representative to conduct a proper and fair domestic inquiry as per the laid-down procedure.
Management is not helpless in respect of initiating disciplinary action.
From India, Delhi
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Pradnya Please read attachment posted by Cite HR Senior, it would help you gain more knowledege. siddharth
From India, Surat
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From India, Surat
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You can take witness for this kind of rejection by an employee and send the show-cause notice by registered post to his residence or paste it at his residence. If he still rejects that, it is in itself indiscipline in terms of the standing orders of the company (check this with your co-standing orders) and issue one more charge sheet. If the resistance continues, suspend the employee pending domestic enquiry. Conduct the domestic enquiry by a third party and proceed as per the law.
B. Dakshina Murty Manager - HR
From India, Hyderabad
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B. Dakshina Murty Manager - HR
From India, Hyderabad
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Dear Predhanya,
In every industrial establishment, standing orders play an important role. There may be some clauses in the standing orders of your establishment as well. Please go through the standing orders applicable to your establishment. However, refusal to accept any written communication, including show-cause or charge sheets, is misconduct for which disciplinary action, as per standing orders, can be initiated.
From India, Mumbai
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In every industrial establishment, standing orders play an important role. There may be some clauses in the standing orders of your establishment as well. Please go through the standing orders applicable to your establishment. However, refusal to accept any written communication, including show-cause or charge sheets, is misconduct for which disciplinary action, as per standing orders, can be initiated.
From India, Mumbai
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc