Hi Folks :
We are in the services industry with branches all over India.
An employee is found to have committed an act of mis-conduct which has been known to us after his severance from the Org, due to his resignation.
Due to the employee not having submitted the no due certificates from the concerned depts/authorities, his final accounts has not yet been settled.
Pls inform whether the disciplinary action can now be initiated against him by serving him with a show cause notice and proceeding as per law.
Further, we are certain he wd not receive our SCN, charge sheet, notice of enquiry etc and wd not participate in the disciplinary proceedings.
Under the circumstances, wd like to be informed of course of action to be initiated.
Awaiting good responses,
your pal,
Dhinakaran
From India, Hyderabad
4We are in the services industry with branches all over India.
An employee is found to have committed an act of mis-conduct which has been known to us after his severance from the Org, due to his resignation.
Due to the employee not having submitted the no due certificates from the concerned depts/authorities, his final accounts has not yet been settled.
Pls inform whether the disciplinary action can now be initiated against him by serving him with a show cause notice and proceeding as per law.
Further, we are certain he wd not receive our SCN, charge sheet, notice of enquiry etc and wd not participate in the disciplinary proceedings.
Under the circumstances, wd like to be informed of course of action to be initiated.
Awaiting good responses,
your pal,
Dhinakaran
From India, Hyderabad
dear
if someone has resigned from your organisation ,whan what action you want to take against him .he has already resigned than what you will gain to take action against him.
you have not cleared his dues because he has not submitted his no dues certificate from different departments.
personnel department can take no dues from different departments and his accounts can be settled.if he has to pay something to company after full and final you can ask him to pay and if you have to pay some amount to him you should clear his dues.i could not understood motive of taking action agaisnt him without any fault of him.
tks
j s malik
From India, Delhi
if someone has resigned from your organisation ,whan what action you want to take against him .he has already resigned than what you will gain to take action against him.
you have not cleared his dues because he has not submitted his no dues certificate from different departments.
personnel department can take no dues from different departments and his accounts can be settled.if he has to pay something to company after full and final you can ask him to pay and if you have to pay some amount to him you should clear his dues.i could not understood motive of taking action agaisnt him without any fault of him.
tks
j s malik
From India, Delhi
Mr Malik :
Thks for ur comments which are more based on the general non-statutory basis.
The empl's mis-conducts have been known to us after his severance from the Org.
Your suggestion of payment and receipt to and him is a general one which will only make the delinquent empl go unpunished and loss to the Org.
As HR chief of the Org, I cannot ignore the issue.
I am sure some of the HR folks wd be more practicable and comment on the issue and help me to deal with the issue.
Rgds
:::Dhinakaran
From India, Hyderabad
Thks for ur comments which are more based on the general non-statutory basis.
The empl's mis-conducts have been known to us after his severance from the Org.
Your suggestion of payment and receipt to and him is a general one which will only make the delinquent empl go unpunished and loss to the Org.
As HR chief of the Org, I cannot ignore the issue.
I am sure some of the HR folks wd be more practicable and comment on the issue and help me to deal with the issue.
Rgds
:::Dhinakaran
From India, Hyderabad
Dear Dhinakaran,
I agree with Mr. Malik, The employee had put his papers even before the company investigated / discovered abt the mis-conduct.
Now it will only be seen by him and the other employees that - your company is tryign to put the blame on the person and show the management that attrition happened only because of Employee misconsuct.
It will be created by them later on that the company has less values for its people.
Again - I completely agree with Mr. Maliks opinions and views. That should be opted at this point. Its too late for company to issue chargesheet.
Should have been done much b4 the employee thought of resignation. Then it would be called termination
From India, Madras
I agree with Mr. Malik, The employee had put his papers even before the company investigated / discovered abt the mis-conduct.
Now it will only be seen by him and the other employees that - your company is tryign to put the blame on the person and show the management that attrition happened only because of Employee misconsuct.
It will be created by them later on that the company has less values for its people.
Again - I completely agree with Mr. Maliks opinions and views. That should be opted at this point. Its too late for company to issue chargesheet.
Should have been done much b4 the employee thought of resignation. Then it would be called termination
From India, Madras
Dear Dhinakran,
I guess your motive of issuing a charge sheet and conducting an enquiry on the delinquent employee is to terminate the employee for his misconduct. In that case your purpose has been fulfilled to the fullest and you should be happy about it rather then brewing over the issue. As a HR chief of the organization, please don't get too egoistical about the issue and try to clear his dues as early as possible unless ofcourse the misconduct is of a monetary nature. Be proactive and see to it that the next time you are not caught on the wrong foot.
Regards
From India, New Delhi
I guess your motive of issuing a charge sheet and conducting an enquiry on the delinquent employee is to terminate the employee for his misconduct. In that case your purpose has been fulfilled to the fullest and you should be happy about it rather then brewing over the issue. As a HR chief of the organization, please don't get too egoistical about the issue and try to clear his dues as early as possible unless ofcourse the misconduct is of a monetary nature. Be proactive and see to it that the next time you are not caught on the wrong foot.
Regards
From India, New Delhi
Dear Friend,
Lokking in to other side of the coin you should tighten your systems and processes instead trying to take action against an employee who has already left the organization.
One more point is that when an employee has not completed all his responsibilities like completing the No objection part and all why you kept quite instead sending a letter to him and to his new employer ( if you know the details ).
If you act now, what will be the image of the HR and the organization in the books of other employees of your own organization and what the message you are giving to your employees.
It is the mistake of you and on behalf of the organization, it is the time to come out of ego factor, accept the mistake and correct the system, work out an SOP and strengthen the system.
with best regards - kameswarao
From India, Hyderabad
Lokking in to other side of the coin you should tighten your systems and processes instead trying to take action against an employee who has already left the organization.
One more point is that when an employee has not completed all his responsibilities like completing the No objection part and all why you kept quite instead sending a letter to him and to his new employer ( if you know the details ).
If you act now, what will be the image of the HR and the organization in the books of other employees of your own organization and what the message you are giving to your employees.
It is the mistake of you and on behalf of the organization, it is the time to come out of ego factor, accept the mistake and correct the system, work out an SOP and strengthen the system.
with best regards - kameswarao
From India, Hyderabad
charge sheet is not actually built to harass employee in any manner it is better for u to charge sheet him before his resignation
if he already left the job then it is not good for u or him to beat the line after snake is passed.
if u do so u just only wasting ur effort
it is better for anybody to work for positive cause
if his conduct has done any harm to your company then serve him a demand note with warning the loses is to be recovered from your pf etc. before clearing his full and final
serving charge sheet will make matter complicated
put ego aside and think calmly
From India, Mumbai
if he already left the job then it is not good for u or him to beat the line after snake is passed.
if u do so u just only wasting ur effort
it is better for anybody to work for positive cause
if his conduct has done any harm to your company then serve him a demand note with warning the loses is to be recovered from your pf etc. before clearing his full and final
serving charge sheet will make matter complicated
put ego aside and think calmly
From India, Mumbai
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.
SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc