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
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1From India, Pune
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Hello,
"Show Cause Notice", "Discharge", and such other terms are essentials of Disciplinary Actions in the industry, 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 behavior which is not conducive to working together, is against organizational culture, or is not complementary to teamwork. 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, or the human beings in employment of the organization.
As a very broad generalization, questions of "discipline management" are 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 protections under labor 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 commissions 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 to.
The first step in the disciplinary process is the 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 occurrence of the misconduct,
- The time of occurrence of the misconduct,
- The place of occurrence 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 writing within the stipulated 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 the further course of action as permitted by the relevant law!
"Discharge letter" comes much later in the process of disciplinary action. Often, it is the hardest part where the disciplinary action ends. I will not elaborate on this subject here.
I am aware that this is a long reply. I assure you it is still not a comprehensive reply because the subject itself is VAST as it could be.
If you need to know more, let me know.
Regards,
Samvedan
April 6, 2011
From India, Pune
Acknowledge(0)Amend(0)
"Show Cause Notice", "Discharge", and such other terms are essentials of Disciplinary Actions in the industry, 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 behavior which is not conducive to working together, is against organizational culture, or is not complementary to teamwork. 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, or the human beings in employment of the organization.
As a very broad generalization, questions of "discipline management" are 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 protections under labor 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 commissions 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 to.
The first step in the disciplinary process is the 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 occurrence of the misconduct,
- The time of occurrence of the misconduct,
- The place of occurrence 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 writing within the stipulated 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 the further course of action as permitted by the relevant law!
"Discharge letter" comes much later in the process of disciplinary action. Often, it is the hardest part where the disciplinary action ends. I will not elaborate on this subject here.
I am aware that this is a long reply. I assure you it is still not a comprehensive reply because the subject itself is VAST as it could be.
If you need to know more, let me know.
Regards,
Samvedan
April 6, 2011
From India, Pune
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DISCIPLINARY ACTIONS PROCEDURE.xls
Notice of Employee Change.doc