In such a case a copy can be sent to his last known address (as per office records) by registered post acknowledgment due and a copy in an ordinary post also. If the employee refuses to receive the registered letter also, you can have the letter as returned with the mark of postman as'refused' and it will become a good evidence for the management in case of any future dispute.
From India, Madras
63From India, Madras
Dear Workout,
I suggest try all these
1.Call the employee and serve him the letter in presence of 2 witnesses.In case he refuses to accept, record it and take signature of witnesses.
2.Mail a soft copy to him, both on office as well as personal id.
3.Send a copy by registered post at permanent address as noted in personal file.
4.Keep record of all these actions in his personal file.
Regards,
Suresh Rathi
From India, Delhi
I suggest try all these
1.Call the employee and serve him the letter in presence of 2 witnesses.In case he refuses to accept, record it and take signature of witnesses.
2.Mail a soft copy to him, both on office as well as personal id.
3.Send a copy by registered post at permanent address as noted in personal file.
4.Keep record of all these actions in his personal file.
Regards,
Suresh Rathi
From India, Delhi
Mr.Sachin is right here.
Accepting any communication from the employer is mandatory by the standing order.If he refuses to accept it this may lead to a misconduct and you can issue him a show cause notice by Rega A.D.This is only required if you want to punish him.
Mangesh Wakodkar
Aurangbad.
From India, Pune
Accepting any communication from the employer is mandatory by the standing order.If he refuses to accept it this may lead to a misconduct and you can issue him a show cause notice by Rega A.D.This is only required if you want to punish him.
Mangesh Wakodkar
Aurangbad.
From India, Pune
Dear Workout,
Mr. Rathi has suggested the right course of action only with a couple of things more to it.
Mail him the warning letter at his present and permanent address both and please make sure that you mention the fact that the same is mailed to you because you refused to accept the same at office in the presence of such and such witnesses.
From India, New Delhi
Mr. Rathi has suggested the right course of action only with a couple of things more to it.
Mail him the warning letter at his present and permanent address both and please make sure that you mention the fact that the same is mailed to you because you refused to accept the same at office in the presence of such and such witnesses.
From India, New Delhi
Hi Anonymous,
When an employee refuses to take the warning letter and sign it, the best course open to you is to send it to his last known address under RPAD. If he acknolwedges that letter, keep the acknowledgement as proof of having served the notice on him. Otherwise, the postal department will return the letter with specific reason, such, as for example, "addressee refused", "Adressee not found" "Addressee left" etc. This letter can be preserved and can be produced in any court of law as a proof of having served the notice to the employee, but he has not taken it for the reason mentioned in the letter by the postal authorities.
If the employee thinks that he is too smart, follow the above method and show to the court that you have done your part of the duty.
But before issuing this notice through post, it would be better to cousel the employee and try to cajole him to accept it. If this does not materialise, you can ask a friend of him, in whom he has a close relationship and in whom he believes, to advise him to take the notice. On refusal, the employees' friend signature can be taken and record the fact you have tried to bring him round through a friend and that effort also failed. Then arrange to send the notice through a RPAD.
M.J.SUBRAMANYAM, BANGALORE
From India, Bangalore
When an employee refuses to take the warning letter and sign it, the best course open to you is to send it to his last known address under RPAD. If he acknolwedges that letter, keep the acknowledgement as proof of having served the notice on him. Otherwise, the postal department will return the letter with specific reason, such, as for example, "addressee refused", "Adressee not found" "Addressee left" etc. This letter can be preserved and can be produced in any court of law as a proof of having served the notice to the employee, but he has not taken it for the reason mentioned in the letter by the postal authorities.
If the employee thinks that he is too smart, follow the above method and show to the court that you have done your part of the duty.
But before issuing this notice through post, it would be better to cousel the employee and try to cajole him to accept it. If this does not materialise, you can ask a friend of him, in whom he has a close relationship and in whom he believes, to advise him to take the notice. On refusal, the employees' friend signature can be taken and record the fact you have tried to bring him round through a friend and that effort also failed. Then arrange to send the notice through a RPAD.
M.J.SUBRAMANYAM, BANGALORE
From India, Bangalore
In case the employee refuses to sign on warning letter then in that case u can send the warning letter to his current address/ permanent address through register AD. Also u can warn him through E- mail (official), and take the print & keep it in personal file of the employee.
From India, Delhi
From India, Delhi
If an employee doesn't accept the warning letter just put remarks on the copy of the letter with your signature so that i future when you want to refer the same you have the remarks writtten on it.
Regards, Derek Gomes
From India, Nagpur
Regards, Derek Gomes
From India, Nagpur
If an employee is a workman under Industrial Disputes Act, it becomes a misconduct as per Industrial Employment (Standing Orders) Act. You can record his refusal to accept the same with signatures of other employees party to his refusal. This record will help you in initiating another disciplinary action. This will also add gravity to his initial misconduct for which he is being warned. After recording, you can send it by register AD and put its receipt on the record. On legal grounds it will be deemed to be issued to that person.
Even if the employee is not a workman you can follow the same procedure and issue him another warning letter for his refusal to accept previous warning letter.
Sending an email could be legally controversial.
Anand Gumaste
From India, Pune
Even if the employee is not a workman you can follow the same procedure and issue him another warning letter for his refusal to accept previous warning letter.
Sending an email could be legally controversial.
Anand Gumaste
From India, Pune
[If an employee is a workman under Industrial Disputes Act, it becomes a misconduct as per Industrial Employment (Standing Orders) Act. You can record his refusal to accept the same with signatures of other employees party to his refusal. This record will help you in initiating another disciplinary action. This will also add gravity to his initial misconduct for which he is being warned. After recording, you can send it by register AD and put its receipt on the record. On legal grounds it will be deemed to be issued to that person.
Even if the employee is not a workman you can follow the same procedure and issue him another warning letter for his refusal to accept previous warning letter.
Sending an email could be legally controversial.
Anand Gumaste
From India, Pune
Even if the employee is not a workman you can follow the same procedure and issue him another warning letter for his refusal to accept previous warning letter.
Sending an email could be legally controversial.
Anand Gumaste
From India, Pune
You can issue the employee a show cause notice stating the refusal of acceptance of warning letter.
You can also send the letter via reg. post and keep that in record. Also, you can put that warning letter on notice board along with the copy of show cause notice or you can publish the warning letter in local newspaper to keep that in record.
Moreover, I am not familiar with local laws of your country. You can take advice from your local senior's in your field.
With Regards
Sachin Gupta
From India, Srinagar
You can also send the letter via reg. post and keep that in record. Also, you can put that warning letter on notice board along with the copy of show cause notice or you can publish the warning letter in local newspaper to keep that in record.
Moreover, I am not familiar with local laws of your country. You can take advice from your local senior's in your field.
With Regards
Sachin Gupta
From India, Srinagar
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee Warning Notice_Template _MH.doc