Hi, Can an employer issue show cause notice with the charges of jealousy, work efficiency, quality compromise in work, negativity for an single instance to an employee ?
From India, Ahmedabad
From India, Ahmedabad
Dear Sonal Dash,
What is the context of your query? Are you an aggrieved employee? Have you raised this query in the capacity of the HR professional? What exactly was the incident? Did it happen for the first time, or it is a repetition? Did a manager come to the HR Department and express his/her frustration against an employee, and you have written down exactly what he/she told you?
An employee can be issued a charge sheet for the misconduct mentioned in the Standing Orders approved by the competent authorities. Before issuing the charge sheet, a domestic enquiry should be conducted, and the Enquiry Officer (EO) should verify and investigate the facts. The focus of the enquiry should be on what happened rather than generating evidence to establish someone's culpability. The comments on the charges mentioned in your post are as follows:
a) Jealousy: - I don't think this misconduct is mentioned in the standing orders. However, effects of the jealousy can be misconduct.
b) Work efficiency: - Yes, subpar efficiency could be misconduct. However, the employee should be communicated well in advance about the norms of efficiency. The measurement of efficiency should be for the work that is part of the employee's Job Descriptions (JDs).
c) Compromise in quality: - This is similar to (b) above. The employee should be informed well in advance how the quality of the work will be measured, when it will be measured, how frequently it will be measured, etc.
d) Negativity: - This is similar to the point (a) above. Negativity in itself cannot be the misconduct, but it could become the cause of the misconduct.
Thanks,
Dinesh Divekar
From India, Bangalore
7879What is the context of your query? Are you an aggrieved employee? Have you raised this query in the capacity of the HR professional? What exactly was the incident? Did it happen for the first time, or it is a repetition? Did a manager come to the HR Department and express his/her frustration against an employee, and you have written down exactly what he/she told you?
An employee can be issued a charge sheet for the misconduct mentioned in the Standing Orders approved by the competent authorities. Before issuing the charge sheet, a domestic enquiry should be conducted, and the Enquiry Officer (EO) should verify and investigate the facts. The focus of the enquiry should be on what happened rather than generating evidence to establish someone's culpability. The comments on the charges mentioned in your post are as follows:
a) Jealousy: - I don't think this misconduct is mentioned in the standing orders. However, effects of the jealousy can be misconduct.
b) Work efficiency: - Yes, subpar efficiency could be misconduct. However, the employee should be communicated well in advance about the norms of efficiency. The measurement of efficiency should be for the work that is part of the employee's Job Descriptions (JDs).
c) Compromise in quality: - This is similar to (b) above. The employee should be informed well in advance how the quality of the work will be measured, when it will be measured, how frequently it will be measured, etc.
d) Negativity: - This is similar to the point (a) above. Negativity in itself cannot be the misconduct, but it could become the cause of the misconduct.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi,
Show cause notice can be issued for poor work performance, quality issues, misconduct etc.
If it is first time rather than issuing show cause better go for verbal warning or written warning. In case of any repetitiveness you may issue show cause notice. While drafting show causes the charges should be framed properly and you should have evidences for the charges. While poor work performance issues or quality issues can be proved with material data how come charges against jealousy you will prove? Jealousy is an emotion - you cannot issue show cause notice for being jealous.
From India, Madras
Show cause notice can be issued for poor work performance, quality issues, misconduct etc.
If it is first time rather than issuing show cause better go for verbal warning or written warning. In case of any repetitiveness you may issue show cause notice. While drafting show causes the charges should be framed properly and you should have evidences for the charges. While poor work performance issues or quality issues can be proved with material data how come charges against jealousy you will prove? Jealousy is an emotion - you cannot issue show cause notice for being jealous.
From India, Madras
The company can be levelled any charges, provided all the charges should be there in the company's standing orders as misconduct.
If none of the charges are not featured in the standing orders are the favourable for the employee to challenge legally.
From India, Mumbai
If none of the charges are not featured in the standing orders are the favourable for the employee to challenge legally.
From India, Mumbai
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SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc