On the basis of "Show Cause Notice" received two months ago, the Company may terminate the employee after two months from the "Show Cause Notice", provided the employee gives his justification by mail within 48 hours of receipt of the "Show Cause Notice".
From India, Noida
2From India, Noida
The question is not clear from the query. What is it that you want us to respond to?
On the basis of show cause notice, the services of an employee cannot be terminated unless the employee accepts the charges mentioned in the show cause notice. If the employee disputes the charges, then a proper departmental enquiry is to be held. Also, there is no need to wait for two months before termintion.
From India, Mumbai
On the basis of show cause notice, the services of an employee cannot be terminated unless the employee accepts the charges mentioned in the show cause notice. If the employee disputes the charges, then a proper departmental enquiry is to be held. Also, there is no need to wait for two months before termintion.
From India, Mumbai
A show cause notice is nothing but a communication to employee directing him to submit his reply/explanation within a specified time frame, so that punitive action should not be initiated
by the management.
After submission of show cause notice, an enquiry will be conducted by management, and on the basis of report by Enquiry Officer, if the allegations/charges are proved, a punishment will be awarded to employee (depending on the gravity of misconduct) and if not proved, the matter shall be closed, after sending a communication to employee.
From India, Aizawl
by the management.
After submission of show cause notice, an enquiry will be conducted by management, and on the basis of report by Enquiry Officer, if the allegations/charges are proved, a punishment will be awarded to employee (depending on the gravity of misconduct) and if not proved, the matter shall be closed, after sending a communication to employee.
From India, Aizawl
Sir, the question is,
Can the company terminate the employee after two months of sending the "show cause notice"?
If the show cause notice is received by the employee on 14th April and the employee gives his explanation to the company within 48 hours, then the company will terminate the employee after two months in June/July based on the show cause notice sent on 14th April. can or not ?
From India, Noida
Can the company terminate the employee after two months of sending the "show cause notice"?
If the show cause notice is received by the employee on 14th April and the employee gives his explanation to the company within 48 hours, then the company will terminate the employee after two months in June/July based on the show cause notice sent on 14th April. can or not ?
From India, Noida
Hi
What I explained you above, is the normal procedure to be followed by a management.
Practice of straight away terminating the services of an employee after issuing a SCN is unheard of. Termination from the service is a punishment awarded to an employee by the management, after observing all procedural steps and by observing principles of natural justice.
From your narration, it is inferred that no opportunity is given to the employee, for explaining
his part, and matter is not investigated through a domestic enquiry- This is not a good industrial practice.
From India, Aizawl
What I explained you above, is the normal procedure to be followed by a management.
Practice of straight away terminating the services of an employee after issuing a SCN is unheard of. Termination from the service is a punishment awarded to an employee by the management, after observing all procedural steps and by observing principles of natural justice.
From your narration, it is inferred that no opportunity is given to the employee, for explaining
his part, and matter is not investigated through a domestic enquiry- This is not a good industrial practice.
From India, Aizawl
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Termination-emp loyment_563.pdf
Termination letter.doc