one of my workers violated modal standing orders(i.e escaped from work spot without proper approval from HOD's) .After that we have guided personally but no improvement so we issued show cause notice to him but, the worker rejected to accept the show cause notice and he rejected to put signature and neglected the same.Now, what kind of action i have to take against the same worker.Kindly guide me. And all others workers also not ready to give information against him. because they have union so that, we do not have any evidence against him to take action.So, in this complicated situation what i have to do?
From India, Lucknow
Contributing Member
From India, Lucknow
Contributing Member
1) Send the Charge Sheet by Registered Post with Ack due to delinquent employees address.
2) If the REFUSAL TO RECEIVE THE CHARGE SHEET is misconduct in your Standing Order, issue him another Charge Sheet.
3) If no satisfactory reply, conduct domestic enquiry.
4) Punishment based on enquiry findings
From India, Tiruchchirappalli
Contributing Member
182) If the REFUSAL TO RECEIVE THE CHARGE SHEET is misconduct in your Standing Order, issue him another Charge Sheet.
3) If no satisfactory reply, conduct domestic enquiry.
4) Punishment based on enquiry findings
From India, Tiruchchirappalli
Contributing Member
Situation like this is very sensitive and therefore, you have to deal with it very diplomatically.
If you send the show cause notice to his address by registered post, the same my not be accepted but returned as "addressee not available/ traced". If you put it in the notice board of the company he may react. If he does not turn up, you may proceed to take disciplinary action. Based on prima facie information you can suspend him pending enquiry. Then you can issue charge sheet and follow enquiry.
These are all theoretical in nature. Without cooperation of the employee it is very difficult to proceed with it. Therefore, it is always desirable to have a discussion with the Trade Union he is representing and put the matter for a conciliation. When the conciliation in the presence of office bearers of the trade union fails, you can take it forward as an industrial dispute. That would be better, I feel.
Regards,
Madhu.T.K
From India, Kannur
Most Appreciated Member
If you send the show cause notice to his address by registered post, the same my not be accepted but returned as "addressee not available/ traced". If you put it in the notice board of the company he may react. If he does not turn up, you may proceed to take disciplinary action. Based on prima facie information you can suspend him pending enquiry. Then you can issue charge sheet and follow enquiry.
These are all theoretical in nature. Without cooperation of the employee it is very difficult to proceed with it. Therefore, it is always desirable to have a discussion with the Trade Union he is representing and put the matter for a conciliation. When the conciliation in the presence of office bearers of the trade union fails, you can take it forward as an industrial dispute. That would be better, I feel.
Regards,
Madhu.T.K
From India, Kannur
Most Appreciated Member
if he refused to accept the show cause/charge sheet then, can i send the letter ccopy to labour commissioner and i mark absent that day to him.
From India, Lucknow
Contributing Member
From India, Lucknow
Contributing Member
A show cause notice or a charge sheet is only an internal or domestic document. Therefore, it should not be sent to the Labour Commissioner or any other official. Their intervention will take place only when the domestic enquiry report becomes unacceptable. Therefore, you need not send a copy of show cause notice or charge sheet to the labour commissioner but as a last resort you can publish the notice in the newspaper.
Regards,
Madhu.T.K
From India, Kannur
Most Appreciated Member
Regards,
Madhu.T.K
From India, Kannur
Most Appreciated Member
Though the delinquent employee wilfully refuses to accept the charge sheet sent through Registered Post With Ack Due & returns with postal endrosement as "addresse not found", it forms part of record & establishes the management EFFORTS to serve the charge sheet on employee , thereafter it can be published in Newspaper.
Prima Facie, management is expected to communicate to employee to the address provided by him. I strongly recommend to follow the step-by-step procedure for fair & proper enquiry.
From India, Tiruchchirappalli
Contributing Member
Prima Facie, management is expected to communicate to employee to the address provided by him. I strongly recommend to follow the step-by-step procedure for fair & proper enquiry.
From India, Tiruchchirappalli
Contributing Member
when he rejected to take the show cause notice then, can i impose 3% fine on gross salary as per the payment of wages
From India, Lucknow
Contributing Member
From India, Lucknow
Contributing Member
You just can't impose fine just like that, if delinqent fails to give convencing reply, then you can. However this would appear odd.
Alternatively, if your company S.O says refusal to receive SCN as misconduct, issue him an another charge sheet on these lines.
From India, Tiruchchirappalli
Contributing Member
Alternatively, if your company S.O says refusal to receive SCN as misconduct, issue him an another charge sheet on these lines.
From India, Tiruchchirappalli
Contributing Member
if he refused to accept the show cause/charge sheet then, can i mark absent that day to him.
From India, Lucknow
Contributing Member
From India, Lucknow
Contributing Member
If he is still coming for duty you can not mark him absent just because he didn't respond to the show cause notice. But you can suspend him from service and proceed with enquiry. In such cases, he will be marked suspended and will receive subsistence allowance as per the Standing Orders.
Regards,
Madhu.T.K
From India, Kannur
Most Appreciated Member
Regards,
Madhu.T.K
From India, Kannur
Most Appreciated Member
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Labour Welfare Cess Reg Application-FOR MET.docx