Dear All,
Can employers use straight abusive words (used by a worker during a verbal argument with another worker) in the show cause given to that worker? If not, under which legal provision can the employer be sued by the worker?
Thanks
From India, Jaipur
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1Can employers use straight abusive words (used by a worker during a verbal argument with another worker) in the show cause given to that worker? If not, under which legal provision can the employer be sued by the worker?
Thanks
From India, Jaipur
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You should mention as Unacceptable language or Uncomplimentary words in the show cause notice but not the exact foul words used by the employee. Pon
From India, Lucknow
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From India, Lucknow
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Hi Kanu!
I was confused in understanding the requirement. Please correct me if I'm wrong - "A worker had used foul language for which he was served show-cause notice with the same language used therein. There's no denial to the use of such language by the worker, but now the worker wants to sue his employer for inputting such language in the show-cause letter."
Though it's highly unprofessional to use such language in official letters, yet I'm wondering how a case can even be built upon this. Another instance is when the person suing has himself admitted or at least not denied using such words and instead of rectifying the situation, the worker is thinking of suing.
I would strongly recommend this worker to immediately stop the idea of suing his employer on these grounds. Instead, if he has used such language, he should apologize and try to improve the entire work environment.
From India, Gurgaon
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I was confused in understanding the requirement. Please correct me if I'm wrong - "A worker had used foul language for which he was served show-cause notice with the same language used therein. There's no denial to the use of such language by the worker, but now the worker wants to sue his employer for inputting such language in the show-cause letter."
Though it's highly unprofessional to use such language in official letters, yet I'm wondering how a case can even be built upon this. Another instance is when the person suing has himself admitted or at least not denied using such words and instead of rectifying the situation, the worker is thinking of suing.
I would strongly recommend this worker to immediately stop the idea of suing his employer on these grounds. Instead, if he has used such language, he should apologize and try to improve the entire work environment.
From India, Gurgaon
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Dear Kanu,
As a matter of fact, if the witness is available and the same was reported by the opponent with evidence, then in the show cause notice, the employer can mention the abusive words used by the worker.
"While arguing with your co-worker, you have said XXXXXXXXXXXXXXXXXXXX or words to that effect" can be included. It is not used by the HR or the employer, but it is reproduced as the same words used by the worker himself during the argument in the workplace.
From India, Kumbakonam
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As a matter of fact, if the witness is available and the same was reported by the opponent with evidence, then in the show cause notice, the employer can mention the abusive words used by the worker.
"While arguing with your co-worker, you have said XXXXXXXXXXXXXXXXXXXX or words to that effect" can be included. It is not used by the HR or the employer, but it is reproduced as the same words used by the worker himself during the argument in the workplace.
From India, Kumbakonam
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Sir,
Thank you for your comments.
It is being stated that the worker is denying the use of abusive language against any of his co-workers. The personal manager included foul language in the show cause, which appears shameful upon reading. My concern is whether there is any provision in our law that prohibits the use of obscene words in writing.
From India, Jaipur
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Thank you for your comments.
It is being stated that the worker is denying the use of abusive language against any of his co-workers. The personal manager included foul language in the show cause, which appears shameful upon reading. My concern is whether there is any provision in our law that prohibits the use of obscene words in writing.
From India, Jaipur
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You can take statement from witnesses related to abusive langauage used by the accused workman. More no of witnesses will overpower the statments of the accused employees.
From India, Pune
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From India, Pune
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Dear Friends,
Mr. Puneeth is correct in saying that while issuing the SHOW CAUSE NOTICE, it is a must to include the "incident and event" if any in the notice. If there is any wrongdoing, it should be proven in the "Domestic Enquiry." If the delinquent employee is proven wrong, then evidence should be provided for it.
Regards,
PBS KUMAR
From India, Kakinada
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Mr. Puneeth is correct in saying that while issuing the SHOW CAUSE NOTICE, it is a must to include the "incident and event" if any in the notice. If there is any wrongdoing, it should be proven in the "Domestic Enquiry." If the delinquent employee is proven wrong, then evidence should be provided for it.
Regards,
PBS KUMAR
From India, Kakinada
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The exact words are to be reproduced in the show cause notice as a quote. Before preparing the show cause notice, it should be ensured that the basic report contains those words. The same words are to be reproduced not only in the show cause notice but also in the subsequent communications such as evidence recording in the domestic enquiry, findings, 2nd show cause notice, and final order.
M. Venkatraghavan
From India, Selam
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M. Venkatraghavan
From India, Selam
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Hi Venkat,
Show cause notice is official. The accused might have used the most vulgar words and street layman-type words. Is printing those exact words in an official communication advisable? I am not in agreement with your version.
Pon
From India, Lucknow
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Show cause notice is official. The accused might have used the most vulgar words and street layman-type words. Is printing those exact words in an official communication advisable? I am not in agreement with your version.
Pon
From India, Lucknow
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Dear Pon and Kanu,
The show-cause notice should contain the exact details, including the verbatim communication in the same vernacular language as has been conveyed, to understand the severity of the misconduct. This alone would justify the initiation of disciplinary action. Any misconduct not mentioned in the initial show-cause notice but later added would not be upheld in the Labor Court. However, if no serious action is being contemplated for the misconduct, then it shall not be reproduced exactly.
M. Venkatraghavan
From India, Selam
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The show-cause notice should contain the exact details, including the verbatim communication in the same vernacular language as has been conveyed, to understand the severity of the misconduct. This alone would justify the initiation of disciplinary action. Any misconduct not mentioned in the initial show-cause notice but later added would not be upheld in the Labor Court. However, if no serious action is being contemplated for the misconduct, then it shall not be reproduced exactly.
M. Venkatraghavan
From India, Selam
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Hi,
Instead of mentioning the abusive word in the show cause notice directly, I believe the concerned person could use "Unparliamentary words" in the show cause notice. This term would be a good fit for all those using abusive language, gestures, or words.
From India, Tiruchchirappalli
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Instead of mentioning the abusive word in the show cause notice directly, I believe the concerned person could use "Unparliamentary words" in the show cause notice. This term would be a good fit for all those using abusive language, gestures, or words.
From India, Tiruchchirappalli
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If an employee has used abusive language in his interaction with anyone while at work and there is a written complaint to that effect, then you should mention the exact abuses hurled by the concerned workman, verbatim. There is nothing to feel bad or ashamed about it. This would only help you establish the seriousness of the charge leveled against the charge-sheeted workman.
Vasant Nair
From India, Mumbai
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Vasant Nair
From India, Mumbai
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Dear Kanu,
I hope you have arrived at a conclusion regarding how to frame a Show Cause Notice and whether to use abusive or vernacular language in the notice.
If you have a written complaint from any employee, and the complaint includes the exact words used by the offender, then use those words as stated in the complaint. Otherwise, it's advisable to err on the side of caution.
Our experts have provided you with sufficient guidance on this issue. Therefore, let us close the thread at this point. Keeping it open further may only lead to more confusion.
From India, Kumbakonam
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I hope you have arrived at a conclusion regarding how to frame a Show Cause Notice and whether to use abusive or vernacular language in the notice.
If you have a written complaint from any employee, and the complaint includes the exact words used by the offender, then use those words as stated in the complaint. Otherwise, it's advisable to err on the side of caution.
Our experts have provided you with sufficient guidance on this issue. Therefore, let us close the thread at this point. Keeping it open further may only lead to more confusion.
From India, Kumbakonam
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SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc