Hi seniors, While initiation disciplinary action, whether an employee can directly be warned by a warning letter without issuing a show-cause notice and reply from him.?
From India, Pondicherry
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9From India, Pondicherry
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Dear Bala,
The aim of awarding punishment is to correct behavior. Your query is on issuing a warning letter directly. Yes, it can be issued but only for minor offenses.
However, before issuing a warning letter, be clear that you have all the available facts or even material evidence of the misconduct at hand. There should be no room for assumption.
The benefit of issuing a show cause notice is that the company gives the accused employee a complete chance to defend his/her position. If any issues are overlooked, the recipient of the show cause notice may bring them to light, which helps in determining the appropriate punishment.
Thanks,
Dinesh Divekar
From India, Bangalore
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The aim of awarding punishment is to correct behavior. Your query is on issuing a warning letter directly. Yes, it can be issued but only for minor offenses.
However, before issuing a warning letter, be clear that you have all the available facts or even material evidence of the misconduct at hand. There should be no room for assumption.
The benefit of issuing a show cause notice is that the company gives the accused employee a complete chance to defend his/her position. If any issues are overlooked, the recipient of the show cause notice may bring them to light, which helps in determining the appropriate punishment.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear,
I presume the query to be ís it correct to initiate disciplinary action and at the same time warn the employee'. Further on the condition that warning is not a listed punishment in the Certified Standing Orders/ Service Rules , it can be said that both is possible. While warning is a notice of caution against repeating the alleged acts in future, the disciplinary action is the retribution for the act already done.
From India, Mumbai
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I presume the query to be ís it correct to initiate disciplinary action and at the same time warn the employee'. Further on the condition that warning is not a listed punishment in the Certified Standing Orders/ Service Rules , it can be said that both is possible. While warning is a notice of caution against repeating the alleged acts in future, the disciplinary action is the retribution for the act already done.
From India, Mumbai
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When you want to initiate disciplinary action against an employee, you need to issue a show cause notice to him. So, you need not issue a warning letter to him.
What are the charges leveled against him? If the charges are minor in nature, and if the employee commits such omissions and commissions in the first instance, you can issue a warning letter clearly stating that "any repetition of such or similar acts shall render yourselves liable for strict disciplinary action" and close the case.
From India, Aizawl
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What are the charges leveled against him? If the charges are minor in nature, and if the employee commits such omissions and commissions in the first instance, you can issue a warning letter clearly stating that "any repetition of such or similar acts shall render yourselves liable for strict disciplinary action" and close the case.
From India, Aizawl
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Dear colleague,
"Warning" is an act of punishment for alleged misconduct committed by a workman as contained in the applicable Model/Certified Standing Orders. The well-established principles of natural justice require an opportunity to be given to the delinquent to be heard before awarding any punishment.
Therefore, it would be a prudent approach to issue a letter, if not a show-cause notice, for minor offenses demanding an explanation in writing within a stipulated period.
For minor offenses, some employers prefer to issue a "caution" letter in place of a warning, especially for the first-time offender, which is also in order if done after giving an opportunity to be heard.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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"Warning" is an act of punishment for alleged misconduct committed by a workman as contained in the applicable Model/Certified Standing Orders. The well-established principles of natural justice require an opportunity to be given to the delinquent to be heard before awarding any punishment.
Therefore, it would be a prudent approach to issue a letter, if not a show-cause notice, for minor offenses demanding an explanation in writing within a stipulated period.
For minor offenses, some employers prefer to issue a "caution" letter in place of a warning, especially for the first-time offender, which is also in order if done after giving an opportunity to be heard.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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