lakramarianus@yahoo.co.in
1

Dear sir,My self MARIANUS LAKRA working as a hr executive in reliance infra i would like to know about how to issue show cause notice or discharge latter plz help me. Thanks Marianus lakra
From India, Pune
samvedan
315

Hello,

"Show Cause Notice", "Discharge" and such other terms are essentials of Disciplinary Actions in industry and so I will start with it!

In the span of Employer-Employee Relations, maintaining discipline is a matter of specific skill. If the man management aspect is low, weak or ineffective, then employees may resort to behaviour which is not conducive to working together or is against organization culture or is not complimentary to team work. All these are against the interests of the organization. This happens because it is a subject dealing with the most unpredictable resource available to the organization-human resource, ot the human beings in employment of the organization.

As a very broad generalization, questions of "discipline management" is most prominent amongst the lower levels of the organizations, usually referred to as "workmen under Industrial Disputes Act", or the "bargainable employees" or the "doers" in the organization. These categories of employees have certain protection at labour law.

The ability, right, or necessity to discipline an individual workman (collective indiscipline is not included in the present discussion) is limited by the law, the terms & conditions of employment and the principles of natural justice! Generally speaking, acts of omission or comissions are referred to as "misconduct" under the Industrial Employment (Standing Orders) Act. In cases where this law is not applicable, the terms and conditions of employment as sanctified by the Letter of Appointment, Service Rules and various Court decisions stipulating "principles of natural justice" will have to be adhered.

The first step in the disciplinary process is issuance of "a show cause notice". As the name indicates it is a letter asking an employee
who faces an allegation of misconduct. The contents of this letter should state:
  • The date of occurance of the misconduct,
  • the time of occurance of the misconduct,
  • the place of occurance of the misconduct,
  • the description of the misconduct,
  • the complainant and
  • the witnesses, if any!
This letter after stating all these, simply asks the employee to explain in writting within stiuplated time, as to why no disciplinary action may be taken against him/her having committed the alleged misconduct.

Based on the explanation the company will have to decide further course of action as permitted by relevant law!

"Discharge letter" comes much later in the process of disciplinary action. Often it is hardest part where the disciplinary action ends. I will not elaborate this subject here.

I am aware that this is a long reply. I assure it is still not a comprehensive reply because the subject itself is VAST as it could be.

If you need to know further let me know.

Regards
samvedan
April 6, 2011
---------------


From India, Pune
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.





Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2024 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.