I have been issued an indisciplinary Show Cause Notice (SCN) by my employer for getting into a fight with a colleague. However, I did not engage in the kind of altercation described in the SCN. In fact, my colleague did not even report this incident to anyone. HR apparently heard about it from elsewhere and issued the SCN 15 days after the incident, alleging indisciplinary action in what seems to be a personal vendetta against me.
Upon receiving the SCN, I promptly provided my explanation. It has been 3 days since I submitted my response, and I have not yet received any communication from my employer. I seek advice on the next steps to take and what procedures might be available to me. What is the expected timeline for my employer to respond? Should I send a follow-up email to remind them? Will my salary be deducted for the days of suspension?
Please advise.
From India, Surat
Acknowledge(0)
Amend(0)
3Upon receiving the SCN, I promptly provided my explanation. It has been 3 days since I submitted my response, and I have not yet received any communication from my employer. I seek advice on the next steps to take and what procedures might be available to me. What is the expected timeline for my employer to respond? Should I send a follow-up email to remind them? Will my salary be deducted for the days of suspension?
Please advise.
From India, Surat
Acknowledge(0)Amend(0)
Dear Colleague,
It is not clear whether you are kept under suspension pending enquiry.
In this case, if you are kept under suspension pending a domestic enquiry, then you will be paid Subsistence Allowance, say 50% of wages to start with.
If you are not under pending enquiry suspension and working as usual, then there is no question of salary deduction until the enquiry is conducted and punishment is imposed.
There is no timeline generally for replying to your explanation, but some standing orders have a timeline. You need to refer to the Standing Orders or Disciplinary procedures of your company. If no mention is made, the employer is not bound to reply within any timeline, but after a long delay, he cannot proceed with disciplinary action further.
From your side, if you are clear and no strong incident happened as well as you have replied to the SCN, then you are not expected to go and follow up on the status. Let it take its own course of time.
If Management wants to proceed with disciplinary action, they will conduct a direct enquiry, and at that time, you should present your side to the satisfaction of the Management.
After the disciplinary process, if Management imposes "suspension" as punishment, then you will not be entitled to any wages for the suspended days.
Try to settle the matter with HR smoothly so that it does not adversely affect your career track later when you are called to explain.
From India, Chennai
Acknowledge(2)
Amend(0)
It is not clear whether you are kept under suspension pending enquiry.
In this case, if you are kept under suspension pending a domestic enquiry, then you will be paid Subsistence Allowance, say 50% of wages to start with.
If you are not under pending enquiry suspension and working as usual, then there is no question of salary deduction until the enquiry is conducted and punishment is imposed.
There is no timeline generally for replying to your explanation, but some standing orders have a timeline. You need to refer to the Standing Orders or Disciplinary procedures of your company. If no mention is made, the employer is not bound to reply within any timeline, but after a long delay, he cannot proceed with disciplinary action further.
From your side, if you are clear and no strong incident happened as well as you have replied to the SCN, then you are not expected to go and follow up on the status. Let it take its own course of time.
If Management wants to proceed with disciplinary action, they will conduct a direct enquiry, and at that time, you should present your side to the satisfaction of the Management.
After the disciplinary process, if Management imposes "suspension" as punishment, then you will not be entitled to any wages for the suspended days.
Try to settle the matter with HR smoothly so that it does not adversely affect your career track later when you are called to explain.
From India, Chennai
Acknowledge(2)Amend(0)
Dear Dr. P. SIVAKUMAR,
Appreciate your input and advice. I have been asked to refrain from joining and interacting with colleagues in SCN, to which I have replied with my explanation. In a recent update, I received a reply from HR stating they are unsatisfied with the submitted response, and they are proceeding to a departmental inquiry. The inquiry officer, date, and time will be notified.
However, I am certain that no written complaint has been filed against me from the other party, as we both (myself and the complainant) have a good connection. It is the HR who has escalated the entire issue, possibly to settle a past vendetta with me.
Should I raise this vendetta issue with the concerned HR head (Head Office) so that they may intervene and ensure a fair process is followed in the inquiry, or appoint an inquiry officer from the Head Office? I am concerned that the appointed inquiry officer (by the current HR and management) might be biased and unjust towards me, making it challenging for me to justify my position.
Should I bring to the attention of the Head Office any ulterior motives of the regional team towards me? Can the current regional HR issue an SCN without any complainant, solely based on hearsay?
I look forward to your further advice.
From India, Surat
Acknowledge(0)Amend(0)
0
0
Appreciate your input and advice. I have been asked to refrain from joining and interacting with colleagues in SCN, to which I have replied with my explanation. In a recent update, I received a reply from HR stating they are unsatisfied with the submitted response, and they are proceeding to a departmental inquiry. The inquiry officer, date, and time will be notified.
However, I am certain that no written complaint has been filed against me from the other party, as we both (myself and the complainant) have a good connection. It is the HR who has escalated the entire issue, possibly to settle a past vendetta with me.
Should I raise this vendetta issue with the concerned HR head (Head Office) so that they may intervene and ensure a fair process is followed in the inquiry, or appoint an inquiry officer from the Head Office? I am concerned that the appointed inquiry officer (by the current HR and management) might be biased and unjust towards me, making it challenging for me to justify my position.
Should I bring to the attention of the Head Office any ulterior motives of the regional team towards me? Can the current regional HR issue an SCN without any complainant, solely based on hearsay?
I look forward to your further advice.
From India, Surat
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. In a disciplinary process, it is essential to follow the proper procedures laid out in the organization's policy and relevant laws. It is not advisable to assume bias or ulterior motives without concrete evidence. It is crucial to focus on providing a factual defense during the enquiry process. You can request for a fair and unbiased investigation without preemptively accusing the HR team of bias.
0
0
Dear Colleague,
It is unfair if it is handled biased and unfair. You may very well give a letter asking for a basic complaint against what is given by the other person. (Normally, HR will threaten the other person to get a complaint if not done so far, which may or may not happen).
As you rightly felt, if you do not trust the local HR, you can use the escalation matrix allowed and provide full details of the incident to escalate. It has reached a disciplinary action level, so why hesitate to use all possible supportive channels available to you.
Handle confidently and utilize all channels. Even in an inquiry if conducted, have a good co-employee in the inquiry to support you in the process. (He can only observe and cannot make any major contributions, but he will still witness fairness).
From India, Chennai
Acknowledge(2)Amend(0)
0
0
It is unfair if it is handled biased and unfair. You may very well give a letter asking for a basic complaint against what is given by the other person. (Normally, HR will threaten the other person to get a complaint if not done so far, which may or may not happen).
As you rightly felt, if you do not trust the local HR, you can use the escalation matrix allowed and provide full details of the incident to escalate. It has reached a disciplinary action level, so why hesitate to use all possible supportive channels available to you.
Handle confidently and utilize all channels. Even in an inquiry if conducted, have a good co-employee in the inquiry to support you in the process. (He can only observe and cannot make any major contributions, but he will still witness fairness).
From India, Chennai
Acknowledge(2)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. It is important to adhere to the correct legal procedures in such cases. Kindly see the amendment below.
0
0
Dear Dr P. SIVAKUMAR,
Appreciate your response and guidance. As mentioned earlier, I have escalated the entire scenario to top management, including the unethical and biased behavioral attitude of regional HR and management. In response to my email, a grievance committee member has assured me of a fair and unbiased inquiry, requesting my cooperation and support until the date and time of the enquiry is notified. I have responded very positively, assuring them of my full cooperation.
In the communication from the grievance team, there was no involvement of local management. How do you interpret this sign?
I intend to escalate the biased practices of the current management, such as harassment and discrimination based on religion, with audio recording evidence. Please guide and advise on the next steps.
I am truly grateful for your reply and guidance.
From India, Surat
Acknowledge(0)Amend(0)
0
0
Appreciate your response and guidance. As mentioned earlier, I have escalated the entire scenario to top management, including the unethical and biased behavioral attitude of regional HR and management. In response to my email, a grievance committee member has assured me of a fair and unbiased inquiry, requesting my cooperation and support until the date and time of the enquiry is notified. I have responded very positively, assuring them of my full cooperation.
In the communication from the grievance team, there was no involvement of local management. How do you interpret this sign?
I intend to escalate the biased practices of the current management, such as harassment and discrimination based on religion, with audio recording evidence. Please guide and advise on the next steps.
I am truly grateful for your reply and guidance.
From India, Surat
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply is incorrect.
0
0
Dear Colleague,
For your current situation, I personally suggest that for some time, you confine and restrict your actions only connected to the Domestic Enquiry and the present subject. Any escalation in general will give you color now. Hence, overcome the present crisis with positivity and strongly believe that your side is genuine.
In the case of other discriminations, it has to be spoken by all employees together, and you individually should not get noticed and victimized. After all, all managements will analyze pros and cons only from a business perspective. Therefore, for now, my suggestion is to limit yourself to overcoming your present challenges. Keep trying for the next employment opportunity, and once you are safer in getting and joining the next employment, personally, as a well-wisher to the previous organization, you may escalate such aspects only to the top management confidentially so that it will be helpful to them to correct their systems.
This advice is based on many of my friends' personal experiences, which were not at all good when escalating such matters, and they were plotted for being sent out. After all, we are living in a world where we need to be tactful. There may be different views on this point, but this is my personal perspective based on 30 years of past experiences and the experiences of my friends.
From India, Chennai
Acknowledge(0)Amend(0)
0
0
For your current situation, I personally suggest that for some time, you confine and restrict your actions only connected to the Domestic Enquiry and the present subject. Any escalation in general will give you color now. Hence, overcome the present crisis with positivity and strongly believe that your side is genuine.
In the case of other discriminations, it has to be spoken by all employees together, and you individually should not get noticed and victimized. After all, all managements will analyze pros and cons only from a business perspective. Therefore, for now, my suggestion is to limit yourself to overcoming your present challenges. Keep trying for the next employment opportunity, and once you are safer in getting and joining the next employment, personally, as a well-wisher to the previous organization, you may escalate such aspects only to the top management confidentially so that it will be helpful to them to correct their systems.
This advice is based on many of my friends' personal experiences, which were not at all good when escalating such matters, and they were plotted for being sent out. After all, we are living in a world where we need to be tactful. There may be different views on this point, but this is my personal perspective based on 30 years of past experiences and the experiences of my friends.
From India, Chennai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains some personal opinions and suggestions but lacks accuracy in addressing the legal aspects of the situation described in the original post. It's important to focus on legal rights and procedures in such cases.
0
0
Dear Dr. P. SIVAKUMAR,
Thank you for your reply.
Regarding your guidance, I feel it is best to focus on the current ongoing crisis. After the coup, it will reveal such issues to top management, as you also pointed out that every discussion is solely business-centric. Therefore, they will consider their management role.
As an individual, it may not directly impact their discrimination, but one's conscience will never allow staying silent on such issues. After addressing this, it will surely bring the issue to light for them to decide whether to correct their processes or not.
Lastly, I am very grateful for your guidance.
From India, Surat
Acknowledge(0)Amend(0)
0
0
Thank you for your reply.
Regarding your guidance, I feel it is best to focus on the current ongoing crisis. After the coup, it will reveal such issues to top management, as you also pointed out that every discussion is solely business-centric. Therefore, they will consider their management role.
As an individual, it may not directly impact their discrimination, but one's conscience will never allow staying silent on such issues. After addressing this, it will surely bring the issue to light for them to decide whether to correct their processes or not.
Lastly, I am very grateful for your guidance.
From India, Surat
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user reply does not address the labor law aspect of the situation. It is crucial to focus on legal rights and HR procedures in such cases.
0
0
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply is mostly accurate. However, there are a few points to clarify: - The employer must provide a reasonable opportunity for the employee to respond to the show cause notice before taking any disciplinary action. - If the employer proceeds with suspension as a punishment, the employee may be entitled to subsistence allowance during the suspension period as per law or company policy. Reference: Section 10 of the Industrial Employment (Standing Orders) Act, 1946.