Dear All,
I am facing an issue regarding giving the show cause notice to an employee who has not completed her exit formalities in the previous organization. We have received a letter where it is clearly mentioned that she has violated the policy and joined our organization without completing the exit formalities. I am looking for a quick revert and need some sample copy of show cause notice related to the above issue.
Thanks,
Juli M. Borah
From India, Bangalore
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I am facing an issue regarding giving the show cause notice to an employee who has not completed her exit formalities in the previous organization. We have received a letter where it is clearly mentioned that she has violated the policy and joined our organization without completing the exit formalities. I am looking for a quick revert and need some sample copy of show cause notice related to the above issue.
Thanks,
Juli M. Borah
From India, Bangalore
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Dear Julie,
When you recruited the employee, did you ask for a service-cum-employment certificate from the employee? If yes, then you cannot issue the show cause notice to the employee as his ex-company should have been thoughtful. Service certificates are issued after checking that the employee has taken clearance from all the departments and nothing is outstanding against him.
If the employee abandoned the duties at his previous company and joined you, then why did you allow him to do that? Why did you not take an undertaking from him that nothing is outstanding against him at his previous company?
A show cause notice is issued when an employee conducts misconduct. For his alleged misconduct at the ex-company, how can you issue a show cause notice? Under what provisions of the Industrial Standing Orders Act can you do that?
Did you call the employee and ask him whether anything is outstanding against him?
Thanks,
Dinesh Divekar
From India, Bangalore
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8035When you recruited the employee, did you ask for a service-cum-employment certificate from the employee? If yes, then you cannot issue the show cause notice to the employee as his ex-company should have been thoughtful. Service certificates are issued after checking that the employee has taken clearance from all the departments and nothing is outstanding against him.
If the employee abandoned the duties at his previous company and joined you, then why did you allow him to do that? Why did you not take an undertaking from him that nothing is outstanding against him at his previous company?
A show cause notice is issued when an employee conducts misconduct. For his alleged misconduct at the ex-company, how can you issue a show cause notice? Under what provisions of the Industrial Standing Orders Act can you do that?
Did you call the employee and ask him whether anything is outstanding against him?
Thanks,
Dinesh Divekar
From India, Bangalore
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You mean to say that the employee hired by you has joined your organization without submitting a copy of the relieving order received from her earlier employer. Then your recruitment procedure needs to be looked into. If she has already obtained a relieving letter, it is fair. The exit formalities should have been completed before the issue of the relieving order. You may find out from the new employee the reason for not completing the exit formalities. She may have her own version.
The new employee, having been hired and joined your organization after getting a proper relieving order from the earlier organization, it is better to think twice before the issuance of a proposed show cause notice. This may create hard feelings. Any hiring of manpower in today's scenario is a great investment/assets to the organization!
From India, Madras
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The new employee, having been hired and joined your organization after getting a proper relieving order from the earlier organization, it is better to think twice before the issuance of a proposed show cause notice. This may create hard feelings. Any hiring of manpower in today's scenario is a great investment/assets to the organization!
From India, Madras
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Dear Madam Colleague,
You have no locus standi to issue a show-cause notice for an alleged act of misbehavior in the previous employment, and your action will lack legal strength. So, forget it.
However, assuming that the person has committed such misbehavior and joined you, it reflects on his character and a lacuna in your recruitment procedure. As stated by other colleagues, you need to revamp your recruitment procedure.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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You have no locus standi to issue a show-cause notice for an alleged act of misbehavior in the previous employment, and your action will lack legal strength. So, forget it.
However, assuming that the person has committed such misbehavior and joined you, it reflects on his character and a lacuna in your recruitment procedure. As stated by other colleagues, you need to revamp your recruitment procedure.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Dear Julie,
How come you allowed the employee to join your company without the relieving letter? Why are you coming under the influence of the ex-employer of the employee? You cannot issue any show cause to the employee as he/she did not commit any misconduct. You have to wait and see until the action on the employee initiated by his/her previous company.
You did not inform the forum about what exactly the management of the previous employer of the employee communicated to you. The whole issue is based on the fact of the communication. In general, when an employee resigns, the company goes elsewhere out of general exit, the HR people communicate to the present employer against the employee whom they failed to retain. I hope you will show your wisdom to sort things out.
From India, Mumbai
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How come you allowed the employee to join your company without the relieving letter? Why are you coming under the influence of the ex-employer of the employee? You cannot issue any show cause to the employee as he/she did not commit any misconduct. You have to wait and see until the action on the employee initiated by his/her previous company.
You did not inform the forum about what exactly the management of the previous employer of the employee communicated to you. The whole issue is based on the fact of the communication. In general, when an employee resigns, the company goes elsewhere out of general exit, the HR people communicate to the present employer against the employee whom they failed to retain. I hope you will show your wisdom to sort things out.
From India, Mumbai
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Dear Mr. Vinayak Nagarkar,
Sir, you have written, "However, assuming that the person has committed such misbehavior and joined you, it reflects on his character and lacuna in your recruitment procedure."
Assumptions are always dangerous. What do we know about what happened in the employee's ex-company? There is a possibility that the quality of the administration was too bad or he was not assigned duties for which she was recruited. Abandonment of employment is bad, but it happens with a cause. We know nothing about the case.
As of now, the originator of the post, Julie, has not given sufficient information to reach any conclusion. Moreover, allowing a candidate to join a company who did not complete the exit process in her ex-company is a recruitment flaw. More than the newly joined employee, action should be taken against those who are involved in this recruitment.
Regards,
Dinesh Divekar
From India, Bangalore
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Sir, you have written, "However, assuming that the person has committed such misbehavior and joined you, it reflects on his character and lacuna in your recruitment procedure."
Assumptions are always dangerous. What do we know about what happened in the employee's ex-company? There is a possibility that the quality of the administration was too bad or he was not assigned duties for which she was recruited. Abandonment of employment is bad, but it happens with a cause. We know nothing about the case.
As of now, the originator of the post, Julie, has not given sufficient information to reach any conclusion. Moreover, allowing a candidate to join a company who did not complete the exit process in her ex-company is a recruitment flaw. More than the newly joined employee, action should be taken against those who are involved in this recruitment.
Regards,
Dinesh Divekar
From India, Bangalore
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Dear colleague,
I do not disagree that the selection process is flawed as no care was taken to inquire into the antecedents or to take documents relating to separation from the previous employer on record. However, to suggest disciplinary action against the recruiter based on mere conjectures is not in good taste and is unwarranted.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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I do not disagree that the selection process is flawed as no care was taken to inquire into the antecedents or to take documents relating to separation from the previous employer on record. However, to suggest disciplinary action against the recruiter based on mere conjectures is not in good taste and is unwarranted.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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The alleged offense was committed in a previous company. The present company is not connected with the previous company in any manner, and any irregularity said to have been committed during previous employment cannot be the subject matter of a show-cause notice by the current employer.
The current employer should examine their procedures for selection/recruitment and see whether they have made any errors in the required documentation during the selection process. The issuance of a show-cause notice is not warranted in this case.
From India, Pune
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The current employer should examine their procedures for selection/recruitment and see whether they have made any errors in the required documentation during the selection process. The issuance of a show-cause notice is not warranted in this case.
From India, Pune
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after all of above discussion if anybody can help providing "SOP of recruitment" ? I think this will help to all in future... Thanks & Best regards, Mayur.
From India, New Delhi
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From India, New Delhi
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Thank you to everyone for your valuable feedback. We have requested the employee to obtain a relieving letter from the previous company, but instead, they provided a complaint letter. The complaint letter clearly states that the employee did not follow the exit formalities, continued to receive salary until the last day, and joined our organization without informing the previous employer.
From India, Bangalore
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From India, Bangalore
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SHOW CAUSE NOTICE.pdf
Procedure for Appreciating Recruitment through Employees.doc