If an employee ,refused to accept the show cause notice for a malpractices conducted during his duty hour which was caught by the security; what has to be next procedure??kindly advice
Regards
Arun
From India, Bangalore
4Regards
Arun
From India, Bangalore
Just verify the manpower you engage so that Karnataka standing orders are applicable to your org. If the act is applicable read & follow the following.
Always keep two witnesses while issuing any document related to disciplinary action ac per the standing orders act. In such case if employee refuses to accept it, in the presence of the witnesses inform the crux content of the document that was refused by the employee. At the bottom of the document write the following: Offered (document type) to (name) but she / he refused to accept the same. As such the content was orally read out to (name). Signature, date & time
Name & signature of witness 1 and witness 2 with date & time.
If you follow the procedure, the document is deemed as issued under the standing orders.
From India, Mumbai
Always keep two witnesses while issuing any document related to disciplinary action ac per the standing orders act. In such case if employee refuses to accept it, in the presence of the witnesses inform the crux content of the document that was refused by the employee. At the bottom of the document write the following: Offered (document type) to (name) but she / he refused to accept the same. As such the content was orally read out to (name). Signature, date & time
Name & signature of witness 1 and witness 2 with date & time.
If you follow the procedure, the document is deemed as issued under the standing orders.
From India, Mumbai
Please send Show Cause Notice with remarks by Employer"Refused to accept on----- when served in Person @ Time in the presence of Witnesses------------------- by Registered Post Ack Due to Employees Residence Address as available in the records of the Company.Further, additional charge of "Refusal to receive Notice/Communication " etc if the same is provided in your Service Rules/Certified Standing Orders.
From India, New Delhi
From India, New Delhi
Refusal to accept/receive an Official Communication, Letter, Instruction, Order etc, in itself is a serious Misconduct for on the part of the concerned Employed Person who refused to obey Managements Orders to receive and acknowledge receipt of the said Communication.
Accordingly, s/he is liable to Disciplinary Action as per Service Rules applicable to him/her which every Establishment like yours (a Commercial Establishment) must frame for all Employed Persons.
You may inform the concerned Employed Person of the repercussions of such a Refusal personally as well as in writing giving him/her an opportunity to act lawfully failing which s/he may be denied entry to the Workplace till s/he receives the Communication and responds thereto.
Further, in such situations where an Employed Person refused to receive the Communication, obtain the Signatures of at least Two Employee Witnesses to such refusal, put up theCommunication Copy on the Notice Boards and simultaneously send Signed Copies of the said Communication by Regd Post at his/her Local and Home Addresses per Personal Record, and i the event s/he refuses to still receive the Communication, posted to him/her and returned with Postal Remarks on the Regd Envelopes " Addressee Refused to receive" or "Addressee Not found at the Address" carefully preserve the Returned Envelopes to be examined before Inquiry Officer/Inquiry Committee, Proceed with Domestic / Internal Inquiry as procedures laid down and in accordance with the Principles of Natural Justice and on receipt of the Inquiry Report take appropriate Disciplinary Action
For any other assitance, Team Kritarth is always ready and willing to provide
Team Kritarth,
Home | Kritarth Consulting Private Limited
27.6.17
From India, Delhi
Accordingly, s/he is liable to Disciplinary Action as per Service Rules applicable to him/her which every Establishment like yours (a Commercial Establishment) must frame for all Employed Persons.
You may inform the concerned Employed Person of the repercussions of such a Refusal personally as well as in writing giving him/her an opportunity to act lawfully failing which s/he may be denied entry to the Workplace till s/he receives the Communication and responds thereto.
Further, in such situations where an Employed Person refused to receive the Communication, obtain the Signatures of at least Two Employee Witnesses to such refusal, put up theCommunication Copy on the Notice Boards and simultaneously send Signed Copies of the said Communication by Regd Post at his/her Local and Home Addresses per Personal Record, and i the event s/he refuses to still receive the Communication, posted to him/her and returned with Postal Remarks on the Regd Envelopes " Addressee Refused to receive" or "Addressee Not found at the Address" carefully preserve the Returned Envelopes to be examined before Inquiry Officer/Inquiry Committee, Proceed with Domestic / Internal Inquiry as procedures laid down and in accordance with the Principles of Natural Justice and on receipt of the Inquiry Report take appropriate Disciplinary Action
For any other assitance, Team Kritarth is always ready and willing to provide
Team Kritarth,
Home | Kritarth Consulting Private Limited
27.6.17
From India, Delhi
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