Dear Seniors, Please guide me that, if an employee doesn’t accept show cause notice or a MEMO then what is the further action HR supposed to take?
From India, Pune
3From India, Pune
Hi Pradnya
You can send show cause notice through a register id to his residential address and if his house is closed than you can stick it on his house door initimating him to reply within a specified time and if he doesnt than frame chargesheet.
siddharth
From India, Surat
You can send show cause notice through a register id to his residential address and if his house is closed than you can stick it on his house door initimating him to reply within a specified time and if he doesnt than frame chargesheet.
siddharth
From India, Surat
Thanks Siddharth, But problem is concern employee is coming in the office regularly but not ready to take that show cause notice in hand & I can not handover it to him forcefully...
From India, Pune
From India, Pune
Dear Pradnya
Greetings.
Refusal to receive a Charge sheet or a Written Communication from Management / Employer as mentioned by you, amounts to acts of gross/grave misconduct for which your Employee is liable to punishment. Please take following action immediately:
1. A Letter signed by the Punishing Authority under his Official Seal must be issued to the delinquent Employee/charge sheeted employee informing/advising him that he would not be allowed to resume duty / taken on duty unless he receives and replies to the charge sheet. Give him 2 Working Days Time from the time of issue of the above mentioned letter to receive the Charge Sheet / Show Cause Notice.
Also, inform him that for not receiving the first Charge sheet, another Charge sheet for refusal will be issued to him.
2. In the event of an Employee refusing to receive a charge sheet in the first instance itself, the Superior responsible for issuing this charge sheet must record such refusal in writing on the signed copy of the charge sheet and arrange 2 witnesses (colleagues) to attest such refusal in their handwriting (signature). After this step, signed copies of the said charge sheet with office seal of the Issuing Authority, should be registered posted to the concerned employee at his local and home addresses as per company records.
Simultaneously, a signed copy of this charge sheet should be posted on the departmental main notice board.
In case, the registered posted envelope is returned, with postal remarks "refuse to receive" , management should initiate disciplinary action namely:
Appointing an Inquiry Officer and nominating a Management's Representative to conduct a proper and fair domestic inquiry as per laid down procedure.
Management is not helpless in respect of initiating disciplinary action.
From India, Delhi
Greetings.
Refusal to receive a Charge sheet or a Written Communication from Management / Employer as mentioned by you, amounts to acts of gross/grave misconduct for which your Employee is liable to punishment. Please take following action immediately:
1. A Letter signed by the Punishing Authority under his Official Seal must be issued to the delinquent Employee/charge sheeted employee informing/advising him that he would not be allowed to resume duty / taken on duty unless he receives and replies to the charge sheet. Give him 2 Working Days Time from the time of issue of the above mentioned letter to receive the Charge Sheet / Show Cause Notice.
Also, inform him that for not receiving the first Charge sheet, another Charge sheet for refusal will be issued to him.
2. In the event of an Employee refusing to receive a charge sheet in the first instance itself, the Superior responsible for issuing this charge sheet must record such refusal in writing on the signed copy of the charge sheet and arrange 2 witnesses (colleagues) to attest such refusal in their handwriting (signature). After this step, signed copies of the said charge sheet with office seal of the Issuing Authority, should be registered posted to the concerned employee at his local and home addresses as per company records.
Simultaneously, a signed copy of this charge sheet should be posted on the departmental main notice board.
In case, the registered posted envelope is returned, with postal remarks "refuse to receive" , management should initiate disciplinary action namely:
Appointing an Inquiry Officer and nominating a Management's Representative to conduct a proper and fair domestic inquiry as per laid down procedure.
Management is not helpless in respect of initiating disciplinary action.
From India, Delhi
Pradnya Please read attachment posted by Cite HR Senior, it would help you gain more knowledege. siddharth
From India, Surat
From India, Surat
You can take witness for this kind of rejection by employee and send the show cause notice by registered post to his residence or paste it at his residence .
If he still rejects that itself is indiscipline in terms of standing orders of the company ( check this with your co.standing orders) and issue one more chargesheet. If the resistence continues , suspend the empoyee pending domestice enquiry . Conduct domestic enquiry by third party and proceed as per law.
B.Dakshina murty
Manger - HR
From India, Hyderabad
If he still rejects that itself is indiscipline in terms of standing orders of the company ( check this with your co.standing orders) and issue one more chargesheet. If the resistence continues , suspend the empoyee pending domestice enquiry . Conduct domestic enquiry by third party and proceed as per law.
B.Dakshina murty
Manger - HR
From India, Hyderabad
Dear Predhanya,
In every Industrial establishment Standing orders plays an important role,There nay be some clause in standing order of your establishment also.go through sanding orders applicable to your establishment.However refusal to accept any written communication including show-cause or charge sheet is a misconduct foe which disciplinary action as per standing orders can be initiated.
From India, Mumbai
In every Industrial establishment Standing orders plays an important role,There nay be some clause in standing order of your establishment also.go through sanding orders applicable to your establishment.However refusal to accept any written communication including show-cause or charge sheet is a misconduct foe which disciplinary action as per standing orders can be initiated.
From India, Mumbai
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SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc