Dear folks,
When we are not receiving any explanation to the issued show cause notice on any misconduct from an employee, can we presume that the employee has nothing to explain and is accepting the misconduct or charges? Can we proceed with the disciplinary action further?
From India, Palakkad
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14When we are not receiving any explanation to the issued show cause notice on any misconduct from an employee, can we presume that the employee has nothing to explain and is accepting the misconduct or charges? Can we proceed with the disciplinary action further?
From India, Palakkad
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When a reply to the SCN is not given or received, it can be inferred that the delinquent employee has nothing to offer or submit about the allegations leveled against him. Management is at liberty to initiate further disciplinary proceedings as it deems fit, without any reference to the employee.
From India, Aizawl
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From India, Aizawl
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If a prima facie case has been established and the offense is quite serious, a charge-sheet cum inquiry may be prepared on the basis of the allegations made. It should be in writing, detailing the allegations of misconduct. It should also indicate the time within which the workmen charged should submit his explanation and also the place and date of the inquiry together with the name of the inquiry officer to be served on the worker.
At the appointed time, on the appointed date and place, the inquiry will commence by the inquiry officer, whether the charged workmen are present or not.
At the inquiry, whether the charged workmen are present or not, the inquiry should proceed. Even if he is present or not present and pleads guilty in writing or not, adduce evidence for the charge(s) and record the inquiry proceedings and close.
From India, Madras
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At the appointed time, on the appointed date and place, the inquiry will commence by the inquiry officer, whether the charged workmen are present or not.
At the inquiry, whether the charged workmen are present or not, the inquiry should proceed. Even if he is present or not present and pleads guilty in writing or not, adduce evidence for the charge(s) and record the inquiry proceedings and close.
From India, Madras
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Hi,
What was the timeframe given to the employee to respond to the show-cause notice? As per the principles of natural justice, the opponent should be provided with a sufficient timeframe to submit an explanation defending their side. You cannot proceed with unilateral disciplinary action.
From India, Madras
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What was the timeframe given to the employee to respond to the show-cause notice? As per the principles of natural justice, the opponent should be provided with a sufficient timeframe to submit an explanation defending their side. You cannot proceed with unilateral disciplinary action.
From India, Madras
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You may think of giving more time by sending a reminder communication to allow him to offer his explanation to the SCN before taking further action. This approach would be fair when dealing with disciplinary matters.
From India, Mumbai
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From India, Mumbai
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Dear Lakshmi Narayanan Sir, Normally we give 3 days of time receipt of show cause memo ,
From India, Palakkad
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From India, Palakkad
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Every Show Cause Notice seeking a reply/explanation from a delinquent employee will have a caveat that if no reply is received from him in writing within the time stipulated, it would be presumed that he has no reply/explanation to be offered and the matter will be decided on merits as per the Rules in force. Therefore, no reminder is necessary in this regard. It is only for the delinquent to seek further time or reply forthwith. But, before proceeding further, it should be ensured that the SCN has been served on the delinquent.
From India, Salem
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From India, Salem
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Presumption Need Not Be the Priority in Workplace Disciplinary Action-Steps. Rather, the Priority Should Be Obeying Principles of Natural Justice, Namely:
i) Employer/Management Cannot Be the Judge in Its Own Case (Presuming that since a Reply is Not Received, the Charged Employee Has Nothing to State in His/Her Defence). This Stand is Unlawful, Unethical, Immoral, and Unfair, Unjust, and Improper.
Employers Must First Ascertain/Verify the Following:
Was the Show-Cause Notice Issued/Served on the Recipient Addressee, and Was an Acknowledgement Obtained?
If a Written Explanation/Reply in Defense Was Not Submitted Within the Specified/Stipulated Time, Was the Delinquent Employee Informed of the Fact that:
i) Not Replying to the Employer's Communication/Order Itself Constitutes an Act of Misconduct Calling for Disciplinary Action?
and/or
Was the Delinquent Employee Informed that They Would Not Be Allowed to Resume Duty Until They Submit Their Written Explanation/Reply to the Show-Cause Notice?
If, after Following the Aforesaid Disciplinary Action-Steps, the Delinquent Employee Does Not Act, It Would Be in Order for the Employer/Punishing Authority to Proceed with Appointing the Enquiry Officer/Committee. The Officer/Committee Should Proceed with the Enquiry in Accordance with the Principles of Natural Justice and Provide all Reasonable Opportunities to the Delinquent Employee as well as to the Management Representative to Present Management's Case During the Enquiry Proceedings. There May Be an Ex Parte Enquiry if and When the Delinquent Employee Abstains from the Enquiry.
Kritarth Team
12th December 2019
From India, Delhi
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i) Employer/Management Cannot Be the Judge in Its Own Case (Presuming that since a Reply is Not Received, the Charged Employee Has Nothing to State in His/Her Defence). This Stand is Unlawful, Unethical, Immoral, and Unfair, Unjust, and Improper.
Employers Must First Ascertain/Verify the Following:
Was the Show-Cause Notice Issued/Served on the Recipient Addressee, and Was an Acknowledgement Obtained?
If a Written Explanation/Reply in Defense Was Not Submitted Within the Specified/Stipulated Time, Was the Delinquent Employee Informed of the Fact that:
i) Not Replying to the Employer's Communication/Order Itself Constitutes an Act of Misconduct Calling for Disciplinary Action?
and/or
Was the Delinquent Employee Informed that They Would Not Be Allowed to Resume Duty Until They Submit Their Written Explanation/Reply to the Show-Cause Notice?
If, after Following the Aforesaid Disciplinary Action-Steps, the Delinquent Employee Does Not Act, It Would Be in Order for the Employer/Punishing Authority to Proceed with Appointing the Enquiry Officer/Committee. The Officer/Committee Should Proceed with the Enquiry in Accordance with the Principles of Natural Justice and Provide all Reasonable Opportunities to the Delinquent Employee as well as to the Management Representative to Present Management's Case During the Enquiry Proceedings. There May Be an Ex Parte Enquiry if and When the Delinquent Employee Abstains from the Enquiry.
Kritarth Team
12th December 2019
From India, Delhi
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As Mr. Umakanthan has rightly pointed out, a 'reminder' to SCN is not necessary. If you give a reminder, then the very purpose of disciplinary proceedings shall fail. In the SCN itself, it can be mentioned - "your written explanation about the charges levelled against you must reach the undersigned within 72 hours of receipt of this show cause notice. Failing which, it shall be presumed that you have no explanation to offer, and the matter shall be proceeded further as the management deems fit and necessary, without any further notice or reference to you," and then proceed with issuing the charge sheet and notice of the inquiry.
From India, Aizawl
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From India, Aizawl
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Of course, a reminder may not be necessary legally. But it would be in the fitness of things to display a 'fair' trial, i.e., adequate opportunity should be given to defend the charged employee and to record his views before the departmental inquiry progresses to the next stage. Also, giving only 3 days for a response seems inadequate to me. It is worth noting that there are many opportunities in the follow-up proceedings such as framing of charges, issuing a detailed show-cause notice, and appointing a Presiding/Enquiry Officer, etc. Issuing at least one reminder before proceeding to the next step would be a prudent step. It is especially important to have a record confirming whether the employee actually received the initial show-cause notice or not.
From India, Bangalore
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From India, Bangalore
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Mr.Mohan, Yes 3 days may not be sufficient. Employee may present some lame reasons to defend. So better provide some more time and then proceed.
From India, Madras
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From India, Madras
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I believe the employee concerned is still on duty (not suspended pending inquiry, we don't know what the nature of the offense/seriousness is) and it's not that difficult to serve a reminder and obtain his immediate acknowledgment/response. We would have done all that is really and reasonably possible. If it's to be served through 'RPAD,' please do it.
From India, Bangalore
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From India, Bangalore
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Dear Friend,
You can proceed with the next action as per the timeframe. Time is precious; one should respect that and also be liable to inform and ask for some time if unable to submit for certain specific reasons. However, keeping silent and not submitting a reply/explanation shall be treated as "the employee has nothing to explain and is accepting the misconduct or charges."
From India, Mumbai
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You can proceed with the next action as per the timeframe. Time is precious; one should respect that and also be liable to inform and ask for some time if unable to submit for certain specific reasons. However, keeping silent and not submitting a reply/explanation shall be treated as "the employee has nothing to explain and is accepting the misconduct or charges."
From India, Mumbai
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I think that the focal point of the discussion has slowly shifted to whether or not a reminder on the SCN should be sent to the delinquent employee when he failed to respond for the reasons best known to himself.
In my opinion, no hard and fast rule could be laid down. It is a matter of discretion of the disciplinary authority concerned. It can be the strategy of the employee to keep mum at present so that he can question the very ground for the issuance of the SCN later. The issue on hand may be one pertaining to performance or behavior of the employee concerned. If he actually requires some time in order to consult his union or peruse some connected record, he is at liberty to ask for some more time. So naturally it has to be considered as tacit insubordination which in turn cannot justify a reminder at any cost.
After all compliance is the hallmark of discipline. To get a reply from a delinquent employee who is very much present under the same roof, the employer has to send a reminder seems to me something unusual and odd. If the reminder also fails to evoke a response, why not another reminder to the previous reminder?
From India, Salem
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In my opinion, no hard and fast rule could be laid down. It is a matter of discretion of the disciplinary authority concerned. It can be the strategy of the employee to keep mum at present so that he can question the very ground for the issuance of the SCN later. The issue on hand may be one pertaining to performance or behavior of the employee concerned. If he actually requires some time in order to consult his union or peruse some connected record, he is at liberty to ask for some more time. So naturally it has to be considered as tacit insubordination which in turn cannot justify a reminder at any cost.
After all compliance is the hallmark of discipline. To get a reply from a delinquent employee who is very much present under the same roof, the employer has to send a reminder seems to me something unusual and odd. If the reminder also fails to evoke a response, why not another reminder to the previous reminder?
From India, Salem
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Ok seniors, He even not ready to give explantation after one (1) Remainder. Regards
From India, Palakkad
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From India, Palakkad
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As I have already made my comments on this matter, giving a reminder to show cause notice is quite unusual. Now, the only action the disciplinary authority needs to take is to proceed further, that is, issue a Charge sheet and notice of Enquiry to him and proceed further.
From India, Aizawl
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From India, Aizawl
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In the disciplinary matter, whether as a strategic measure, the delinquent employee can make a request to the management to order a Domestic Enquiry in response to the Show Cause Notice (SCN). If so, can the management prompt themselves to conduct the enquiry without knowing the stance of the employee regarding the SCN issued and prove the charges leveled against the delinquent employee in a single sitting? That is, the delinquent employee insists that the enquiry be completed in a single sitting and not to give the management any further chance to tamper with management witnesses once his explanation to the SCN has been presented before the enquiry officer.
Regards,
From India, Mumbai
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Regards,
From India, Mumbai
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Dear SridharanV,
Your queries are:
i) In the disciplinary matter, whether as a strategic measure, the delinquent employee can request Management to order a Domestic Enquiry in response to the Show Cause Notice (SCN).
ii) If so, can Management proceed to conduct the inquiry without knowing the employee's stance on the issued SCN and prove the charges in a single sitting, i.e., if the delinquent employee insists that the inquiry be completed in one session, to prevent any tampering with Management witnesses after providing an explanation to the SCN.
My views are:
i) It may be possible for the delinquent employee to request a 'Domestic Enquiry' from Management. However, since the charges are being leveled by Management against the employee, it is at the discretion of Management to either agree to the request or close the matter/put it on hold. It is essential for the delinquent employee to respond to the preliminary SCN, without which Management may proceed with the matter to a logical conclusion.
ii) Conducting a Domestic Enquiry in a single sitting is not feasible and goes against the rules of such proceedings. The delinquent employee should be given the opportunity to present their defense both verbally and in writing, provide evidence and documents, have their statement and those of witnesses recorded, and participate in the proceedings. Rushing through the inquiry due to concerns of potential witness tampering by Management is not justifiable and contradicts principles of natural justice for both parties involved.
iii) The provided rationale cannot be accepted under any circumstances.
Please let me know if you need further clarification or assistance on these matters.
Best regards,
[Your Name]
From India, Bangalore
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Your queries are:
i) In the disciplinary matter, whether as a strategic measure, the delinquent employee can request Management to order a Domestic Enquiry in response to the Show Cause Notice (SCN).
ii) If so, can Management proceed to conduct the inquiry without knowing the employee's stance on the issued SCN and prove the charges in a single sitting, i.e., if the delinquent employee insists that the inquiry be completed in one session, to prevent any tampering with Management witnesses after providing an explanation to the SCN.
My views are:
i) It may be possible for the delinquent employee to request a 'Domestic Enquiry' from Management. However, since the charges are being leveled by Management against the employee, it is at the discretion of Management to either agree to the request or close the matter/put it on hold. It is essential for the delinquent employee to respond to the preliminary SCN, without which Management may proceed with the matter to a logical conclusion.
ii) Conducting a Domestic Enquiry in a single sitting is not feasible and goes against the rules of such proceedings. The delinquent employee should be given the opportunity to present their defense both verbally and in writing, provide evidence and documents, have their statement and those of witnesses recorded, and participate in the proceedings. Rushing through the inquiry due to concerns of potential witness tampering by Management is not justifiable and contradicts principles of natural justice for both parties involved.
iii) The provided rationale cannot be accepted under any circumstances.
Please let me know if you need further clarification or assistance on these matters.
Best regards,
[Your Name]
From India, Bangalore
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Dear Sridhraran,
The delinquent employee seems to create a situation in which the hunter becomes the hunted. If the employee adopts the strategy that any explanation submitted by him during the course of the domestic enquiry likely refutes the alleged charges contained in the Show Cause Notice (SCN) - I presume that the SCN issued already contains the charges.
Neither the employer nor the delinquent employee can order the Enquiry Officer (E.O) to close the enquiry in a single sitting. It is the prerogative of the E.O to decide based on the course of the enquiry.
From India, Salem
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The delinquent employee seems to create a situation in which the hunter becomes the hunted. If the employee adopts the strategy that any explanation submitted by him during the course of the domestic enquiry likely refutes the alleged charges contained in the Show Cause Notice (SCN) - I presume that the SCN issued already contains the charges.
Neither the employer nor the delinquent employee can order the Enquiry Officer (E.O) to close the enquiry in a single sitting. It is the prerogative of the E.O to decide based on the course of the enquiry.
From India, Salem
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If notice couldnt be served to the official a reminder may be sent after ascertaing that he has not received due to some lapse on part of courier or other reason.
From India
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From India
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Hi Malini,
Your query is very vague. Please refer to this link for more guidance: [Memo Format for Employee Unauthorised Relocation of Workplace](https://www.citehr.com/601117-memo-format-employee-unauthorised-relocation-work-place.html#2398081).
Thank you.
From India, Bangalore
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Your query is very vague. Please refer to this link for more guidance: [Memo Format for Employee Unauthorised Relocation of Workplace](https://www.citehr.com/601117-memo-format-employee-unauthorised-relocation-work-place.html#2398081).
Thank you.
From India, Bangalore
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Hello friends,
Please note that all such important notices should always be sent to the concerned individual at the last known address ONLY by Registered Post Acknowledgement Due (RPAD) or speed post. In such situations, a courier will not be effective.
Additionally, one copy shall be sent by ordinary post (and/or email/SMS/MMS) even though you will not have proof of posting it as an additional record of utilizing all possible modes of communication.
From India, Bangalore
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Please note that all such important notices should always be sent to the concerned individual at the last known address ONLY by Registered Post Acknowledgement Due (RPAD) or speed post. In such situations, a courier will not be effective.
Additionally, one copy shall be sent by ordinary post (and/or email/SMS/MMS) even though you will not have proof of posting it as an additional record of utilizing all possible modes of communication.
From India, Bangalore
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SHOW CAUSE NOTICE.pdf
DISCIPLINARY ACTIONS PROCEDURE.xls
Notice of Employee Change.doc