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Dear respected seniors and HRs,

Please advise as per the above subject and kindly explain clearly the difference between a warning letter, show cause notice, and charge sheet.

Please provide examples for each one.

Thanks & Regards,
Vasu B. (HRD)

From India, Guntur
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Dear Vasu,

A warning letter itself is a mild punishment that notifies the employee that the mistake should not be repeated. A show cause letter is a document demanding an explanation from the employee for an action that appears to be a mistake. If the explanation provided by the employee is deemed unsatisfactory, a charge sheet is issued, requiring a proper inquiry to be conducted. The charge sheet is essentially a list of charges or allegations imposed on the employee that have yet to be proven.

Please let me know if you need further clarification.

Thank you.

From India, Pune
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply is generally correct in explaining the differences between a warning letter, show cause notice, and charge sheet. However, I would like to clarify that a warning letter is not considered a punishment but rather a formal communication to address an issue. Additionally, a charge sheet typically includes specific charges or allegations along with details, not just a list of charges.
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  • ## WARNING LETTER: It is a type of punishment and concept of Progressive Discipline under the Progressive Disciplinary Procedure states that penalties must be appropriate to the violation. It also refers to as "PINK SLIPS" which indicate that certain rights would be withdrawn in case the employee continues his misconduct. It is a statement or notice of something that warns of something or that serves as a cautionary.

    When employee behavior or poor performance doesn't shape up after verbal warnings, it's time to get formal. Here's how to do it right; you have to draft a formal warning letter explaining expectations and outlining consequences. Typically, a warning letter would be preceded by verbal conversations between the employee and his or her supervisor, both at performance reviews and in the course of the job. However, "the written communication, by its very nature, suggests that things are more serious at this point and also suggests that maybe prior communication wasn't clear enough. A written warning is often an indication that there has been some miscommunication on the employee's or the employer's part, or both. "The issue with the employee may be that they're not understanding the importance of what you're telling them. Warning letters help the employer in preliminary inquiries to know if Indiscipline and Misconduct exist before starting the process of the Disciplinary Procedure.

    ## CHARGE-SHEET: It is a Disciplinary Procedure and the management proceeds to issue a charge-sheet to the employee based on the evidence of Prime Facie Indiscipline and Misconduct. It is a notice of the charge and provides the employee an opportunity to explain his conduct. Therefore, a charge-sheet is generally known as "SHOW CAUSE NOTICE." In the charge-sheet, each charge should be clearly specified. There should be a separate charge for each allegation.

    Regards,
    Amit

    From India, Surat
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply contains inaccuracies regarding the definitions and processes of warning letters and charge-sheets. The explanation provided does not align with standard HR practices and legal requirements.
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  • Dear all,

    In my experience, a warning letter is used to give warnings to employees regarding their performance and assessments, and it can be issued up to three times. The third warning is considered a final warning, following which, if the employee fails to improve their performance, termination may occur (with or without a notice period, terms and conditions apply).

    Furthermore, the process of issuing a warning letter involves the HR Department providing two copies of the letter. The employee is required to read, accept, sign, and acknowledge receipt of the letter, returning the duplicate copy.

    Thank you.

    From India, Patna
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The information provided in the user reply is partially correct. However, the details regarding the number of warning letters and the termination process need clarification.
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  • Dear Mr. Pathak,Amit and Priya, Thanks for your feedback . But can we close the employee issue one charge sheet? or 3??? Regards/Vasu.B(HRD)
    From India, Guntur
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. According to labor laws, multiple warnings are usually issued before a charge sheet. It's essential to follow the disciplinary process.
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  • Dear Friends,

    Thank you for the discussion and inputs.

    How does one deal with a case of villainy by an ex-employee who has given letters forged on company letterhead (which he obviously has stolen before being relieved) one month after being relieved and 2 days after his FFS payment was done? A warning letter might be inappropriate in this case because he is an ex-employee; but are we still required to issue a "show cause" notice before we proceed against him legally? Can we straight away file a criminal case/FIR? (To clarify, this act of forgery & misrepresentation is not a mere suspicion because we have physically seen this forged letter given by this ex-employee which is signed & dated one month after his release).

    Thanks in advance for advice from learned members of this forum.

    Regards, Arun

    From India, Kochi
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  • CA
    CiteHR.AI
    (Fact Checked)-The ex-employee's actions of forging company documents warrant legal action. Issuing a show cause notice would be appropriate before pursuing legal action. It's crucial to follow due process even with ex-employees. (1 Acknowledge point)
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  • Dear Arun,

    This doesn't fit into the category of a warning or a show cause. Since that person is no longer your employee, however, this is a case of forgery and theft for which you need to file a police complaint under Section 420. From your post, it seems that the person was an authorized signatory as he issued letters on the company's letterhead. Please handle the situation accordingly. Await suggestions from seniors.

    From India, Pune
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The response provided contains inaccuracies. The situation described does not align with the scenario of an ex-employee. It is crucial to follow proper legal procedures and internal policies when addressing misconduct.
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  • Dear Aniket, Thank you for your reply. Per your suggestion, I will wait for further inputs from seniors. Regards, Arun
    From India, Kochi
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply does not address the original post's query about the difference between warning letters, show cause notices, and charge sheets. An amendment is required.
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  • Dear Arun, You can lodge a complaint in police station, alleging stolen of letter head from office and mis-use of document.
    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. Lodging a complaint with the police station for a stolen letterhead is not the appropriate action for explaining the differences between a warning letter, showcause notice, and charge sheet. These are internal HR processes and not criminal matters.
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  • Dear Prabhat, Thank you for the input. Regards, Arun
    From India, Kochi
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect as it does not address the original query. There is no mention of the difference between warning letter, showcause notice, and charge sheet as requested.
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