Dear Seniors,
Here, I need clarification regarding the disciplinary action procedure. To the best of my knowledge, if an employee is involved in any kind of misconduct as prescribed in ASO, the employer has to initiate Disciplinary Action by issuing a Charge sheet.
During my interview with a Senior Manager IR, he mentioned that giving a Charger sheet first is incorrect. Instead, he suggested that we should issue a Show Cause Notice (SCN) initially. Only after proving the misconduct, we can then give the charge sheet, he added.
Please share your views on which document should be issued first to the delinquent employee. Is there any specific procedure or law that dictates this? Please SHARE with me.
Best Regards, Sakthi Sukumar
From India, Mumbai
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16Here, I need clarification regarding the disciplinary action procedure. To the best of my knowledge, if an employee is involved in any kind of misconduct as prescribed in ASO, the employer has to initiate Disciplinary Action by issuing a Charge sheet.
During my interview with a Senior Manager IR, he mentioned that giving a Charger sheet first is incorrect. Instead, he suggested that we should issue a Show Cause Notice (SCN) initially. Only after proving the misconduct, we can then give the charge sheet, he added.
Please share your views on which document should be issued first to the delinquent employee. Is there any specific procedure or law that dictates this? Please SHARE with me.
Best Regards, Sakthi Sukumar
From India, Mumbai
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Dear Sakthi Sukumar,
The concept of discipline in the workplace includes disciplinary control over employees. This is accomplished through a set of procedures called disciplinary proceedings or disciplinary actions comprising several stages such as calling for an explanation by issuing a show-cause notice, framing charges of misconduct through a charge memo, conducting a domestic enquiry, issuing a second show-cause notice on the conclusion of the charges being proved, and issuing final orders. All these actions are based on the Principles of Natural Justice. However, skipping a step or two is a matter of expediency based on the gravity of the misconduct and the reasonableness of the circumstances leading to the final decision. Therefore, the opinion of your Senior is also correct. In a clear-cut case of serious misconduct, skipping the first show-cause notice cannot be considered a flaw.
From India, Salem
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The concept of discipline in the workplace includes disciplinary control over employees. This is accomplished through a set of procedures called disciplinary proceedings or disciplinary actions comprising several stages such as calling for an explanation by issuing a show-cause notice, framing charges of misconduct through a charge memo, conducting a domestic enquiry, issuing a second show-cause notice on the conclusion of the charges being proved, and issuing final orders. All these actions are based on the Principles of Natural Justice. However, skipping a step or two is a matter of expediency based on the gravity of the misconduct and the reasonableness of the circumstances leading to the final decision. Therefore, the opinion of your Senior is also correct. In a clear-cut case of serious misconduct, skipping the first show-cause notice cannot be considered a flaw.
From India, Salem
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Dear sakthi. Most of the time, the employer will issue show cause notice cum charge sheet. ( Both will be clubbed). Regards Priyank Advocate and labour consultant
From India, Bangalore
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From India, Bangalore
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DISCIPLINARY ACTION PROCEDURE.pdf
DISCIPLINARY ACTIONS PROCEDURE.xls