What is the major diffference b/w Charge Sheet and Show cause notice? Which one we can issue first to the alleged employee? Let me explain full Disciplinary proceedings
From India, Mumbai
16From India, Mumbai
Charge sheet is a letter issued by management to the accused employee, informing the details of charges levelled against him indicating the
date, time & venue of the charges done by him. This can be followed by issuing a suspension order and warning letter after the suspension
period is over and close the case. Or issue a warning letter - depending upon the gravity of the misconduct committed by him, and close the
case.
As regards, show cause notice, you are show causing an employee as to why disciplinary action should not be taken against him .
(asking his explanation). After issuing a show cause notice, you can constitute a domestic enquiry and based on the findings of
Enquiry Officer, you can impose penalties/suspension order/ or both OR dismissal from the services.
Thanks
R K Nair
From India, Aizawl
date, time & venue of the charges done by him. This can be followed by issuing a suspension order and warning letter after the suspension
period is over and close the case. Or issue a warning letter - depending upon the gravity of the misconduct committed by him, and close the
case.
As regards, show cause notice, you are show causing an employee as to why disciplinary action should not be taken against him .
(asking his explanation). After issuing a show cause notice, you can constitute a domestic enquiry and based on the findings of
Enquiry Officer, you can impose penalties/suspension order/ or both OR dismissal from the services.
Thanks
R K Nair
From India, Aizawl
Basically there is hardly any difference between these two, though the instance when it is issued will figure out some difference. Both Charge Sheet and Show Cause notice intend to describe the charges levelled against the employee and direct him to show cause why disciplinary action should not be taken against him for the alleged misconduct.
When an employee is found involved in a misconduct, it is proper to issue a show cause notice elaborating the charges/ misconducts done by him and ask him to reply to it. If the misconduct is very severe then it is also possible that the employee will be placed under suspension and then issue him charge sheet stating the charges and the ground on which he has been placed under suspension. Domestic enquiry will take place only when the employee defends the charges and when the reply to the show cause notice is not acceptable to the management.
After the enquiry, based on the enquiry report, the management will decide on the punishment to be awarded to the employee. This is communicated to the employee in the form of a show cause notice, commonly referred to as second show cause notice, through which the employer will say that the charges levelled against the employee have been proved and therefore, the punishment as stated will be imposed on him and will call him to show why the said punishment should not be imposed on him. In this case it is purely a show cause notice whereas in the former case, it is in the form of a charge sheet because it contains charges levelled against the delinquent.
Madhu.T.K
From India, Kannur
When an employee is found involved in a misconduct, it is proper to issue a show cause notice elaborating the charges/ misconducts done by him and ask him to reply to it. If the misconduct is very severe then it is also possible that the employee will be placed under suspension and then issue him charge sheet stating the charges and the ground on which he has been placed under suspension. Domestic enquiry will take place only when the employee defends the charges and when the reply to the show cause notice is not acceptable to the management.
After the enquiry, based on the enquiry report, the management will decide on the punishment to be awarded to the employee. This is communicated to the employee in the form of a show cause notice, commonly referred to as second show cause notice, through which the employer will say that the charges levelled against the employee have been proved and therefore, the punishment as stated will be imposed on him and will call him to show why the said punishment should not be imposed on him. In this case it is purely a show cause notice whereas in the former case, it is in the form of a charge sheet because it contains charges levelled against the delinquent.
Madhu.T.K
From India, Kannur
Thanks for your valuable repy......
Where I came to know that some companies are directly issuing charge sheet instead of SCN. Is it right r wong?
can anyone please share the flow chart for disciplinary action steps asa per law says please
From India, Mumbai
Where I came to know that some companies are directly issuing charge sheet instead of SCN. Is it right r wong?
can anyone please share the flow chart for disciplinary action steps asa per law says please
From India, Mumbai
If the charge sheet contains a direction to the employee to show cause/ reply in writing why further action should not be taken, then there is nothing wrong in giving charge sheet in the first instance itself without giving one show cause notice and then giving charge sheet. Normally, charge sheet is prepared taking time since it should be very specific and there should not be any ambiguity with regard to charges.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Mr.Madhu,
As far your above reply I could undersand that Chare Sheet can give directly without any SCN is it? and If the alleged employee agreed his mistake / misconduct w.r.t the charges mentioned in charge sheet, What will be the next step, since there is no need to conduct Domestic Enquiry.
(In our compnay practice is we are directly giving punishment as per our Punishment matrix against the Charges levelled by the alleged employee and if the employee not agree, the employee is Temporary mean we can conduct Preminary enquiry with our company staff (other than HR dept) for fair tratment of employee and getting findings from the Preliminary enquiry Officer then HR head is decide the punishment - This way of approach is correct or any modification is to be made please suggest.)
Satkhi
From India, Mumbai
As far your above reply I could undersand that Chare Sheet can give directly without any SCN is it? and If the alleged employee agreed his mistake / misconduct w.r.t the charges mentioned in charge sheet, What will be the next step, since there is no need to conduct Domestic Enquiry.
(In our compnay practice is we are directly giving punishment as per our Punishment matrix against the Charges levelled by the alleged employee and if the employee not agree, the employee is Temporary mean we can conduct Preminary enquiry with our company staff (other than HR dept) for fair tratment of employee and getting findings from the Preliminary enquiry Officer then HR head is decide the punishment - This way of approach is correct or any modification is to be made please suggest.)
Satkhi
From India, Mumbai
If the employee admits the charges, there is no need to conduct an enquiry but you can decide on the punishment and impose it. before imposing punishment, however, you have to issue a show cause notice and ask the employee to show cause why this punishment should not be imposed on him.
The punishment awarded should equate with the same given in your certified Standing Orders or in the absence of standing orders the punishment matrix, as accepted by the employees in general. On the charges if you conduct an enquiry, the process shall be the same as per your current practice but as far as possible, the employee should be given adequate opportunity to defend the charges levelled against him. He should be given time to present his case in his favour, he should be allowed somebody from the office to assist him in the enquiry, he should be given reasonable adjournments etc. Above all, in the first sitting itself, he should be given a list of witnesses and documents the company is going to produce against him or in favour of the charges. As far as possible, copies of the evidences should also be given to him for verification and furnishing reply.
Punishment can be awarded only by the person who is authorised to appoint an employee.
Madhu.T.K
From India, Kannur
The punishment awarded should equate with the same given in your certified Standing Orders or in the absence of standing orders the punishment matrix, as accepted by the employees in general. On the charges if you conduct an enquiry, the process shall be the same as per your current practice but as far as possible, the employee should be given adequate opportunity to defend the charges levelled against him. He should be given time to present his case in his favour, he should be allowed somebody from the office to assist him in the enquiry, he should be given reasonable adjournments etc. Above all, in the first sitting itself, he should be given a list of witnesses and documents the company is going to produce against him or in favour of the charges. As far as possible, copies of the evidences should also be given to him for verification and furnishing reply.
Punishment can be awarded only by the person who is authorised to appoint an employee.
Madhu.T.K
From India, Kannur
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Translated charge sheet shrigopal soni.doc