Dear HR gurus,
Kindly clarify, what is the difference between warning letter and chargesheet.
When an employee misconduct has to be reported, which is the usual way.
Does incident letter / report is required for both?
Kindly help me in making the above concept clear.
Is it fine to issue chargesheet in service industry, if yes who and how many members must be there in the enquiry committee??
:?: :?: :?: :?: :!: :!:
Sashmita
From India, Delhi
7Kindly clarify, what is the difference between warning letter and chargesheet.
When an employee misconduct has to be reported, which is the usual way.
Does incident letter / report is required for both?
Kindly help me in making the above concept clear.
Is it fine to issue chargesheet in service industry, if yes who and how many members must be there in the enquiry committee??
:?: :?: :?: :?: :!: :!:
Sashmita
From India, Delhi
Hello,
Charge Sheet is a letter that communicates the "charges" being placed against the employee for some of his acts of omission or of commission. It requires of an employee to explain "why disciplinary action may not be taken against him" for having committed the alleged acts of omission or commission-generally referred to as "misconducts.
A Warning letter is a letter where the employer has come to a conclusion having given an employee an opportunity to explain as discussed above or without it, that the misconduct/s have taken place and due cognizance must be taken. Depending the seriousness of the misconduct/s the response is decided. It may be a Warning Letter as in this case. In that sense you may say, warning is a punishment and closes the matter of misconduct for the time being.
Yes, it is very adviseable to obtain a complaint, Report of the incident (as FIR by the Police Stations.)
But notwithstanding the above reply, one must understand the basics of disciplinary actions. These are usually controlled ot regulated by Industrial Employment (Standing Orders) Act 1946 which is applicable to industries and under certain conditions, to establishments covered by the Shops & Commercial Establishment Act of the region.
It is employer's decision to decide how to treat misconducts! It is said the service industry being a sensitive industry, one does not rush with routine disciplinary actions. also the employment in service industry is more of educated class where verbal admonishing will give mileage for a long time and therefore rushing with disciplinary actions could mean being trigger happy.
If you like to raise more questions, you are welcome!
Regards
samvedan
October 20, 2007
------------
From India, Pune
Charge Sheet is a letter that communicates the "charges" being placed against the employee for some of his acts of omission or of commission. It requires of an employee to explain "why disciplinary action may not be taken against him" for having committed the alleged acts of omission or commission-generally referred to as "misconducts.
A Warning letter is a letter where the employer has come to a conclusion having given an employee an opportunity to explain as discussed above or without it, that the misconduct/s have taken place and due cognizance must be taken. Depending the seriousness of the misconduct/s the response is decided. It may be a Warning Letter as in this case. In that sense you may say, warning is a punishment and closes the matter of misconduct for the time being.
Yes, it is very adviseable to obtain a complaint, Report of the incident (as FIR by the Police Stations.)
But notwithstanding the above reply, one must understand the basics of disciplinary actions. These are usually controlled ot regulated by Industrial Employment (Standing Orders) Act 1946 which is applicable to industries and under certain conditions, to establishments covered by the Shops & Commercial Establishment Act of the region.
It is employer's decision to decide how to treat misconducts! It is said the service industry being a sensitive industry, one does not rush with routine disciplinary actions. also the employment in service industry is more of educated class where verbal admonishing will give mileage for a long time and therefore rushing with disciplinary actions could mean being trigger happy.
If you like to raise more questions, you are welcome!
Regards
samvedan
October 20, 2007
------------
From India, Pune
Thanks a lot Samvedan, the difference has been explained very well by you. :) :)
As per this, chargesheet is where employee is given a chance to put his perspective or opinion.
If we discuss about service industry, then does issuing three warning letter means termination or not??
And if employees are reluctant to towards the verbal warnings, what's the best way out to avoid further misconduct or indiscipline.
And if chargesheet has to be issued then what's the procedure... as it involves a committee and within 48 hrs it has to decide. if not satisfactory.. then the proceeding will continue........ plz correct me and give me a clear picture for the same.
Will appreciate your quick response.........
Regards,
Sashmita
From India, Delhi
As per this, chargesheet is where employee is given a chance to put his perspective or opinion.
If we discuss about service industry, then does issuing three warning letter means termination or not??
And if employees are reluctant to towards the verbal warnings, what's the best way out to avoid further misconduct or indiscipline.
And if chargesheet has to be issued then what's the procedure... as it involves a committee and within 48 hrs it has to decide. if not satisfactory.. then the proceeding will continue........ plz correct me and give me a clear picture for the same.
Will appreciate your quick response.........
Regards,
Sashmita
From India, Delhi
[b][i]Hello,
Kindly accept the in-line response as the reply!![b][i]
[quote="SASHMITA"]Thanks a lot Samvedan, the difference has been explained very well by you. :) :)
You are welcome. I like to help.
As per this, chargesheet is where employee is given a chance to put his perspective or opinion.
Yes please!
If we discuss about service industry, then does issuing three warning letter means termination or not??
In matters of discipline management, service industry is no different than the manufacturing industry. Processes and steps are same legally speaking. The applicable legislations would also be same. The approach may different from one management to another but the principles and rules of lawa will have to be followed. And most importantly "three warnings" do NOT mean termination UNLESS the terms and conditions so stipulate but even that would be, in my considered opinion, against law.
And if employees are reluctant to towards the verbal warnings, what's the best way out to avoid further misconduct or indiscipline.
Sounds odd, but there are "Verbal Warnings" in writing. Not specifically provided in law but entirely permissible. The mechanism is that you warn some one verbally first and then write down the fact with necessary details on a standard form, sign it and put it on cincerned employee's personal file.
And if chargesheet has to be issued then what's the procedure... as it involves a committee and within 48 hrs it has to decide. if not satisfactory.. then the proceeding will continue........ plz correct me and give me a clear picture for the same.
No, a charge sheet does NOT involve any committee at all. The process is:
1) An incident that demands cognizance to be taken by the management takes somewhere in the premises.
2) It needs to be reported by a complainant-the aggreived employee or any other employee who is an obswerver of the same.
3) The HR after making priliminary investigation that such an incident has indeed occured and needs to be taken cognizance of will, if applicable prepare the Chrage Sheet against the errent employee, get it signed by an authorised person and have it issued to the concerned employee.
4) Depending upon the reply, further course of action will be decided.[b
Actually the subject is vast. The above material is just to givve you an idea. if you can provide more details or raise more specific incidents I may be able to offer better advice![u]
Will appreciate your quick response.........
Cheers!
samvedan
October 23, 2007
Regards,
Sashmita
From India, Pune
Kindly accept the in-line response as the reply!![b][i]
[quote="SASHMITA"]Thanks a lot Samvedan, the difference has been explained very well by you. :) :)
You are welcome. I like to help.
As per this, chargesheet is where employee is given a chance to put his perspective or opinion.
Yes please!
If we discuss about service industry, then does issuing three warning letter means termination or not??
In matters of discipline management, service industry is no different than the manufacturing industry. Processes and steps are same legally speaking. The applicable legislations would also be same. The approach may different from one management to another but the principles and rules of lawa will have to be followed. And most importantly "three warnings" do NOT mean termination UNLESS the terms and conditions so stipulate but even that would be, in my considered opinion, against law.
And if employees are reluctant to towards the verbal warnings, what's the best way out to avoid further misconduct or indiscipline.
Sounds odd, but there are "Verbal Warnings" in writing. Not specifically provided in law but entirely permissible. The mechanism is that you warn some one verbally first and then write down the fact with necessary details on a standard form, sign it and put it on cincerned employee's personal file.
And if chargesheet has to be issued then what's the procedure... as it involves a committee and within 48 hrs it has to decide. if not satisfactory.. then the proceeding will continue........ plz correct me and give me a clear picture for the same.
No, a charge sheet does NOT involve any committee at all. The process is:
1) An incident that demands cognizance to be taken by the management takes somewhere in the premises.
2) It needs to be reported by a complainant-the aggreived employee or any other employee who is an obswerver of the same.
3) The HR after making priliminary investigation that such an incident has indeed occured and needs to be taken cognizance of will, if applicable prepare the Chrage Sheet against the errent employee, get it signed by an authorised person and have it issued to the concerned employee.
4) Depending upon the reply, further course of action will be decided.[b
Actually the subject is vast. The above material is just to givve you an idea. if you can provide more details or raise more specific incidents I may be able to offer better advice![u]
Will appreciate your quick response.........
Cheers!
samvedan
October 23, 2007
Regards,
Sashmita
From India, Pune
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WARNING LETTER FOR ABSENCE.doc