What is difference between "Discharge" & "Dismissal" under the labour laws? Regards, Gaurang Sheth
From India, Pune
1From India, Pune
Gaurang,
Please search this site for more discussions available here before posting a repetitive query. This topic was discussed last year. Anyways, my reply is:
Discharge- Separation on mutual understanding between employee & employer which is in line with the procedures of the organisation. Example: Resignation
Dismissal- Removal of the person form the organisation as a punishment for his doing. Example:Termination
Rgds
chandru
From India, Madras
Please search this site for more discussions available here before posting a repetitive query. This topic was discussed last year. Anyways, my reply is:
Discharge- Separation on mutual understanding between employee & employer which is in line with the procedures of the organisation. Example: Resignation
Dismissal- Removal of the person form the organisation as a punishment for his doing. Example:Termination
Rgds
chandru
From India, Madras
In both cases, the employee leaves the organisation. Discharge- is voluntary separation, Dismissal- is removal by the organisation as punishment, Layoff / downsize - is the removal on terms of economic/financial situations with or without compensation.
Here are some examples:
His resignation letter was accepted and he was relieved from the services.
As his forgery of company documents was proved, he was immediately dismissed and discharged from the services.
As the subordinate misbehaved with the manager, he was suspended for a week.
They were laid off the services from Dec 31.
'Laughing' and 'Smiling' have different situational terms, though they exhibit ' a curve on lips'.
Hope I have tried to explain you.
Rgds
Chandru
From India, Madras
Here are some examples:
His resignation letter was accepted and he was relieved from the services.
As his forgery of company documents was proved, he was immediately dismissed and discharged from the services.
As the subordinate misbehaved with the manager, he was suspended for a week.
They were laid off the services from Dec 31.
'Laughing' and 'Smiling' have different situational terms, though they exhibit ' a curve on lips'.
Hope I have tried to explain you.
Rgds
Chandru
From India, Madras
On what grounds he was discharged from the service of the company? It could be resignation, dismissal /termination, layoff etc. Chandru
From India, Madras
From India, Madras
Dear Seeker
Greetings
Discharge and Dismissal, both are forms of punishment resulting in termination of Employment of an employed person by an action of the Employer. Both can be on grounds of In-Discipline/ acts of Misconduct for which a fair & proper Domestic Inquiry as per laid down procedure been held. Dismissal is a punishment for severe/grave acts of misconduct when the Employers may /can withhold settlement payments like Gratuity whereas in Discharge cases by way of punishment, the Employers releases all of settlement dues. It is true that Discharge from Company's Service also mean termination on account of Acceptance of ( Voluntary) Resignation, on Medical Unfitness for Long Period, Superannuation etc.
You may seek further clarity
Harsh K Sharan (XLRI Alumnus)
Consultant Employee Relations & Industrial Relations
New Delhi
91 09312650756
From India, Delhi
Greetings
Discharge and Dismissal, both are forms of punishment resulting in termination of Employment of an employed person by an action of the Employer. Both can be on grounds of In-Discipline/ acts of Misconduct for which a fair & proper Domestic Inquiry as per laid down procedure been held. Dismissal is a punishment for severe/grave acts of misconduct when the Employers may /can withhold settlement payments like Gratuity whereas in Discharge cases by way of punishment, the Employers releases all of settlement dues. It is true that Discharge from Company's Service also mean termination on account of Acceptance of ( Voluntary) Resignation, on Medical Unfitness for Long Period, Superannuation etc.
You may seek further clarity
Harsh K Sharan (XLRI Alumnus)
Consultant Employee Relations & Industrial Relations
New Delhi
91 09312650756
From India, Delhi
Hello,
Isn't the meaning of "Discharge one's duty" - to perform the duty?
I believe it is based of the context we use: To discharge one's duty - is to perform his duty. To Discharge someone from his duty - is to explain that you have relieved the person from his duties.
A person may request on tendering his resignation that he may be discharged from or releived from his duties as on DD/MM/YY.
Dismissal is - To voluntarily terminate the person due to mis conduct or lack of performance (I have related to work).
You must have heard this frequence - His request was dismissed on the grounds of lack of supporting proof.
So - it means a voluntary action.
However - in both the case you discharge the person from the duties. When a perosn voluntarily retires - you still discharge him from his duties. When a person is terminated - we take awy his responsibilities or we discharge him from his responsibilities.
Definitions of discharge may state - Relieving or removign of burden/load. So when I mean a person has to discharge his duties at work - it means, person has set of responsibilities and tasks to complete - so he is bound to discharge the duties expected of him in a sincere and honest manner.
From India, Madras
Isn't the meaning of "Discharge one's duty" - to perform the duty?
I believe it is based of the context we use: To discharge one's duty - is to perform his duty. To Discharge someone from his duty - is to explain that you have relieved the person from his duties.
A person may request on tendering his resignation that he may be discharged from or releived from his duties as on DD/MM/YY.
Dismissal is - To voluntarily terminate the person due to mis conduct or lack of performance (I have related to work).
You must have heard this frequence - His request was dismissed on the grounds of lack of supporting proof.
So - it means a voluntary action.
However - in both the case you discharge the person from the duties. When a perosn voluntarily retires - you still discharge him from his duties. When a person is terminated - we take awy his responsibilities or we discharge him from his responsibilities.
Definitions of discharge may state - Relieving or removign of burden/load. So when I mean a person has to discharge his duties at work - it means, person has set of responsibilities and tasks to complete - so he is bound to discharge the duties expected of him in a sincere and honest manner.
From India, Madras
Discharge is some what sympathetic way of punishing an employee whereas dismissal is the last word in the process of awarding punishment. In both the cases, conducting of enquiry and serving of notice of discharge or dismissal is mandatory. An employee discharged from service will be eligible for all benefits due from the company like gratuity, bonus, encashment of unavailed leaves etc whereas, a dismissed employee will not be paid any terminal benefits. Therefore, dismissal is awarded only when the misconduct is so severe and for which there can not be a lesser punishment than dismissal.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
"Discharge Simplicitor" as is technically known, is used in cases of Loss of Confidence, prolonged illness or any such similar grounds. In such cases, Domestic Enquiry is not instituted. The Employee is given a letter which is called "Discharge Simplicitor" and relieved from his/her duty.
There is no stigma attached in cases of Discharge.
Also, you do not Discharge a person upon resignation or Superannuation. Normally you "Relieve" a person under such circumstances.
"Dismissal" happens after following the due course of Disciplinary Proceedings....Charge Sheet, Domestic Enquiry etc..
It carries a stigma.
In certain specific cases, Gratuity may be witheld while settling dues in Full & Final.
Vasant Nair
From India, Mumbai
There is no stigma attached in cases of Discharge.
Also, you do not Discharge a person upon resignation or Superannuation. Normally you "Relieve" a person under such circumstances.
"Dismissal" happens after following the due course of Disciplinary Proceedings....Charge Sheet, Domestic Enquiry etc..
It carries a stigma.
In certain specific cases, Gratuity may be witheld while settling dues in Full & Final.
Vasant Nair
From India, Mumbai
Dear Gaurang Sheth,
in my Company the two words can be understanded as follows :
Dismissal
Discharge
Same :
- Form of termination of employment by Company
- Form of termination of employment by Company
Difference
- A purnishment for acts of misconduct .
- Company can release all of settlement for termination of labour contract ,and may ask for compensation for the employee’s action caused the damage for Company’s property or benefit
- A resignation, retirement ,or lay-off/cut down labour force due to economic/financial situation ….
- Company pays settlement for termination of labour contract basing on the law or depending Company’s policies.
BRGS
TTLUONG
From Vietnam, Hanoi
in my Company the two words can be understanded as follows :
Dismissal
Discharge
Same :
- Form of termination of employment by Company
- Form of termination of employment by Company
Difference
- A purnishment for acts of misconduct .
- Company can release all of settlement for termination of labour contract ,and may ask for compensation for the employee’s action caused the damage for Company’s property or benefit
- A resignation, retirement ,or lay-off/cut down labour force due to economic/financial situation ….
- Company pays settlement for termination of labour contract basing on the law or depending Company’s policies.
BRGS
TTLUONG
From Vietnam, Hanoi
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