Dear All, Please suggest the way How to issue a warning letter to the employee while he is denying to accept the same.
From India, Kanpur
From India, Kanpur
Dear Anubhav,
It is mandatory for each employee to receive the official communication that is issued to him/her. Refusing to accept the official communication is "misconduct". However, for refusal to accept the warning letter, you cannot issue second warning letter. What if the employee refuses to accept this warning letter also? Will you issue third warning letter? This cycle of issue of warning letter and refusal has to be nipped in bud at right away.
I recommend you suspending the employee immediately and issue the show cause notice for refusal to accept the warning letter. If he refused to accept the show cause notice also then let the suspension continue and order domestic enquiry. Based on the findings of the Enquiry Report, you may take the appropriate action. Possibly it could be termination.
However, before following these steps of progressive of discipline, I need to ask whether you have approved and certified Standing Orders? If the Standing Orders are not well in place then have you communicated to the employees that refusal to accept the official communication is also misconduct? Even if the certified Standing Orders are well in place, do the employees know that these are binding to them?
Above all, do you have sufficient evidence based on which the employee was issued the warning letter? Is it because HR received the call from HOD and HR jumped the guns? Have you investigated the matter thoroughly? When employee refuses to accept the warning letter this shows that his perceptions about alleged misconduct are different. Why this is so? Are you consistent in handling the indiscipline of the employees? Did you let off few defaulters earlier but not suddenly started invoking the rule of discipline?
There are so many questions associated with your post gentleman. Therefore, please give complete information.
Thanks,
Dinesh Divekar
From India, Bangalore
7884It is mandatory for each employee to receive the official communication that is issued to him/her. Refusing to accept the official communication is "misconduct". However, for refusal to accept the warning letter, you cannot issue second warning letter. What if the employee refuses to accept this warning letter also? Will you issue third warning letter? This cycle of issue of warning letter and refusal has to be nipped in bud at right away.
I recommend you suspending the employee immediately and issue the show cause notice for refusal to accept the warning letter. If he refused to accept the show cause notice also then let the suspension continue and order domestic enquiry. Based on the findings of the Enquiry Report, you may take the appropriate action. Possibly it could be termination.
However, before following these steps of progressive of discipline, I need to ask whether you have approved and certified Standing Orders? If the Standing Orders are not well in place then have you communicated to the employees that refusal to accept the official communication is also misconduct? Even if the certified Standing Orders are well in place, do the employees know that these are binding to them?
Above all, do you have sufficient evidence based on which the employee was issued the warning letter? Is it because HR received the call from HOD and HR jumped the guns? Have you investigated the matter thoroughly? When employee refuses to accept the warning letter this shows that his perceptions about alleged misconduct are different. Why this is so? Are you consistent in handling the indiscipline of the employees? Did you let off few defaulters earlier but not suddenly started invoking the rule of discipline?
There are so many questions associated with your post gentleman. Therefore, please give complete information.
Thanks,
Dinesh Divekar
From India, Bangalore
If he is not accepting any letter by hand, you can send it through registered post with acknowledgement card and take action. This is the alternate solution for these type of issues. Thanks,
From India, Chennai
From India, Chennai
Every organisation needs to have their legal framework in relation to employees in place.
Standing orders,code of conduct for employees should be framed and made known to all employees.
Warning letters are normally the end product of some investigation,enquiry where the employee would have been given chance to place his side forward.
Once it has been done and the authority has decided to issue warning letter to document the conduct of employee,refusal to receive the same becomes further misconduct.
Sending the warning letter by speed post/Registered post is an option which can be examined as even this will be refused on delivery.But that is legally good enough to document the fact that employee has been warned.
From India, Pune
Standing orders,code of conduct for employees should be framed and made known to all employees.
Warning letters are normally the end product of some investigation,enquiry where the employee would have been given chance to place his side forward.
Once it has been done and the authority has decided to issue warning letter to document the conduct of employee,refusal to receive the same becomes further misconduct.
Sending the warning letter by speed post/Registered post is an option which can be examined as even this will be refused on delivery.But that is legally good enough to document the fact that employee has been warned.
From India, Pune
Dear Mr Anubhav
If your Standing orders permit, display the warning letter with an endorsement in it that the workman had refused to receive and therefore the same is displayed in the Notice Board as per the Standing orders.
Regards
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
)
From India, Bangalore
If your Standing orders permit, display the warning letter with an endorsement in it that the workman had refused to receive and therefore the same is displayed in the Notice Board as per the Standing orders.
Regards
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
From India, Bangalore
I cent percent agree with Mr. Dinesh Divekar and appreciate his comments too.
Somnath Mukherjee
Principal Consultant & Catalyst
Man Association Corporation (MacIndia)
somnath.aaryan@gmail.com
+91 9903 176 144
From India, Kolkata
Somnath Mukherjee
Principal Consultant & Catalyst
Man Association Corporation (MacIndia)
somnath.aaryan@gmail.com
+91 9903 176 144
From India, Kolkata
Dear Mr. Anubhav,
As rightly pointed out by Shri Dineshji, in case of Disciplinary action, every issue has tobe thoroughly checked and then decide. A Preliminary enquiry will reveal some truth to decide reg.; issuing SCN & why X is not receiving it.
Normally, employees follow all Co. Rules including taking SCN unless there is strong reason for not taking. Co. must educate employees thru serving S.O. copy & Other service rules. SO tobe issued to each employee & taken acknowledgement to avoid employee saying that he is not aware; or Management has not informed. Court will side with the employee if mandatory Rules are not followed.
In case of SCN, Suspension etc., it will vitiate plant atmosphere & disturb work. Gravity of Misconduct to be investigated. Ur post shows that X is still working but refusing to take SCN which will weaken Management’s power.
As pointed out by other members, please reveal the full facts to suggest possible actions.
HR Consultant 18.4.2015
From India, Bangalore
As rightly pointed out by Shri Dineshji, in case of Disciplinary action, every issue has tobe thoroughly checked and then decide. A Preliminary enquiry will reveal some truth to decide reg.; issuing SCN & why X is not receiving it.
Normally, employees follow all Co. Rules including taking SCN unless there is strong reason for not taking. Co. must educate employees thru serving S.O. copy & Other service rules. SO tobe issued to each employee & taken acknowledgement to avoid employee saying that he is not aware; or Management has not informed. Court will side with the employee if mandatory Rules are not followed.
In case of SCN, Suspension etc., it will vitiate plant atmosphere & disturb work. Gravity of Misconduct to be investigated. Ur post shows that X is still working but refusing to take SCN which will weaken Management’s power.
As pointed out by other members, please reveal the full facts to suggest possible actions.
From India, Bangalore
If a delinquent employee is having audacity to refuse accepting letter issued by management then why confine to warning. I think HR can suggest better solution. Thanks Sushil
From India, New Delhi
From India, New Delhi
Dear Friends,
I do not recommend suspending employee on refusal of WL.
Suspension pending enquiry can not be done in every case. I left this topic to others to discuss.
I suggest in this case as under:
1. Offer him this letter once again in presence of two witnesses;
2. Advise him that no communication can be refused to accept by any party;
3. Tell him that, refusal to accept any official communication of company is a misconduct for which he can be charged separately;
4. Read the letter to him and explain it in language known to him or in Hindi;
5. You can also tell him that this is a WL which gives you an opportunity to improve himself;
6. If he doesn't accept the letter even after the above said efforts, record all the above things on the WL and write down that despite this, the employee refused to accept the letter;
7. Take signature of both the witnesses on above said recording;
8. Display one copy of WL having all this recording on NB and send one copy at his address by RAD post.
9. Issue him a Charge Sheet, conduct enquiry in to the charges framed. 10.Follow the same procedure as above in case he once again refuse to accept this CS;
11.Take appropriate action against him which should not be disproportionate to his misconduct.
From India, Mumbai
I do not recommend suspending employee on refusal of WL.
Suspension pending enquiry can not be done in every case. I left this topic to others to discuss.
I suggest in this case as under:
1. Offer him this letter once again in presence of two witnesses;
2. Advise him that no communication can be refused to accept by any party;
3. Tell him that, refusal to accept any official communication of company is a misconduct for which he can be charged separately;
4. Read the letter to him and explain it in language known to him or in Hindi;
5. You can also tell him that this is a WL which gives you an opportunity to improve himself;
6. If he doesn't accept the letter even after the above said efforts, record all the above things on the WL and write down that despite this, the employee refused to accept the letter;
7. Take signature of both the witnesses on above said recording;
8. Display one copy of WL having all this recording on NB and send one copy at his address by RAD post.
9. Issue him a Charge Sheet, conduct enquiry in to the charges framed. 10.Follow the same procedure as above in case he once again refuse to accept this CS;
11.Take appropriate action against him which should not be disproportionate to his misconduct.
From India, Mumbai
You can issue the Warning letter in front of two witnesses...(out of two witnesses - preferably one should be from employee)...when he refuses ...write remark as"Refused to accept"...and take signature of the witnesses...this is treated as good as issued to him. You also can take disciplinary action "for refusal to accept legal communication from the employer" clause under Model Standing Order, by issuing Charge Sheet....which further can be proceed with Domestic Enquiry.
From India, Pune
From India, Pune
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WARNING LETTER FOR ABSENCE.doc