Dear Seniors,
Here I need a clarification for about disciplinary action procedure. As far as my knowledge If the employee involved in any kind of misconduct as prescribed in ASO the employer has to initiate Disciplinary Action by giving Charge sheet.
Here I have been interviewed by an Sr. Manager IR he said giving Charger sheet first is wrong instead of that can give SCN then after proved the misconduct only can give charge sheet he adds.
Please share your views which one we have to issue first to delinquent employee? Is there any procedure law says please SHARE with me.
Best Regards,
Sakthi sukumar
From India, Mumbai
16Here I need a clarification for about disciplinary action procedure. As far as my knowledge If the employee involved in any kind of misconduct as prescribed in ASO the employer has to initiate Disciplinary Action by giving Charge sheet.
Here I have been interviewed by an Sr. Manager IR he said giving Charger sheet first is wrong instead of that can give SCN then after proved the misconduct only can give charge sheet he adds.
Please share your views which one we have to issue first to delinquent employee? Is there any procedure law says please SHARE with me.
Best Regards,
Sakthi sukumar
From India, Mumbai
Dear Sakthi Sukumar,
The concept of discipline in work place includes disciplinary control over employees. This is accomplished through a set of procedure called disciplinary proceeding or disciplinary action comprising of several stages such as calling for explanation by issuing a show-cause notice, framing of charges of misconduct through charge-memo, conduct of domestic enquiry, issue of a second show-cause notice on the conclusion of the charges having been proved and the final orders. All these things are based on the Principles of Natural Justice. But, skipping a step or two is a matter of expediency based on the gravity of the misconduct and the reasonableness of the circumstances leading to the final decision. So the opinion of your Senior is also correct. But in a clear-cut case of a serious misconduct, skipping the first show-cause notice can not be a flaw.
From India, Salem
The concept of discipline in work place includes disciplinary control over employees. This is accomplished through a set of procedure called disciplinary proceeding or disciplinary action comprising of several stages such as calling for explanation by issuing a show-cause notice, framing of charges of misconduct through charge-memo, conduct of domestic enquiry, issue of a second show-cause notice on the conclusion of the charges having been proved and the final orders. All these things are based on the Principles of Natural Justice. But, skipping a step or two is a matter of expediency based on the gravity of the misconduct and the reasonableness of the circumstances leading to the final decision. So the opinion of your Senior is also correct. But in a clear-cut case of a serious misconduct, skipping the first show-cause notice can not be a flaw.
From India, Salem
Dear sakthi. Most of the time, the employer will issue show cause notice cum charge sheet. ( Both will be clubbed). Regards Priyank Advocate and labour consultant
From India, Bangalore
From India, Bangalore
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.
DISCIPLINARY ACTION PROCEDURE.pdf
DISCIPLINARY ACTIONS PROCEDURE.xls
DISCIPLINARY ACTION.ppt