Hi seniors, While initiation disciplinary action, whether an employee can directly warn by a warning letter without issuing a showcause notice and reply from him.?
From India, Pondicherry
9From India, Pondicherry
Dear Bala,
The aim of awarding punishment is correcting the behaviour. Your query is on issuing directly a warning letter directly. Yes, it can be issued but only for the minor offences.
However, before issuing a warning letter be clear that you have all the available facts or even material evidence of the misconduct at hand. There should be no room for assumption.
The benefit of the issue of show cause notice is that the company gives the accused employee complete chance to defend his/her position. By chance, if some issue is overlooked then there is a possibility that the recipient of the show cause notice may bring it to the notice. This helps in awarding the right kind of punishment.
Thanks,
Dinesh Divekar
From India, Bangalore
The aim of awarding punishment is correcting the behaviour. Your query is on issuing directly a warning letter directly. Yes, it can be issued but only for the minor offences.
However, before issuing a warning letter be clear that you have all the available facts or even material evidence of the misconduct at hand. There should be no room for assumption.
The benefit of the issue of show cause notice is that the company gives the accused employee complete chance to defend his/her position. By chance, if some issue is overlooked then there is a possibility that the recipient of the show cause notice may bring it to the notice. This helps in awarding the right kind of punishment.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear,
I presume the query to be ís it correct to initiate disciplinary action and at the same time warn the employee'. Further on the condition that warning is not a listed punishment in the Certified Standing Orders/ Service Rules , it can be said that both is possible. While warning is a notice of caution against repeating the alleged acts in future, the disciplinary action is the retribution for the act already done.
From India, Mumbai
I presume the query to be ís it correct to initiate disciplinary action and at the same time warn the employee'. Further on the condition that warning is not a listed punishment in the Certified Standing Orders/ Service Rules , it can be said that both is possible. While warning is a notice of caution against repeating the alleged acts in future, the disciplinary action is the retribution for the act already done.
From India, Mumbai
When you want to initiate disciplinary action against employee, you need to issue Show cause notice to him. So, you need not issue a warning letter to him.
What are the charges levelled against him?
If the charges are of minor in nature, and if the employee commits such omissions and commission in first instance, you can issue a warning letter clearly stating that ' any repetition of such or similar acts shall render yourselves liable for strict disciplinary action' and close the case.
From India, Aizawl
What are the charges levelled against him?
If the charges are of minor in nature, and if the employee commits such omissions and commission in first instance, you can issue a warning letter clearly stating that ' any repetition of such or similar acts shall render yourselves liable for strict disciplinary action' and close the case.
From India, Aizawl
Dear colleague,
'Warning' is an act of punishment for alleged misconduct committed by a workman as contained in the applicable Model/Certified Standing Orders. The well established principles of natural justice require an opportunity to be given to the deliquent to be heard before awarding any punishment.
Therefore, it would be prudent approach to issue letter if not show cause notice for minor offences demanding explanation in writing within stipulated period.
For minor offences, some employer prefer to issue 'caution' letter in place of warning, especially for the first time offender which is also in order if done after giving opportunity to be heard.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
'Warning' is an act of punishment for alleged misconduct committed by a workman as contained in the applicable Model/Certified Standing Orders. The well established principles of natural justice require an opportunity to be given to the deliquent to be heard before awarding any punishment.
Therefore, it would be prudent approach to issue letter if not show cause notice for minor offences demanding explanation in writing within stipulated period.
For minor offences, some employer prefer to issue 'caution' letter in place of warning, especially for the first time offender which is also in order if done after giving opportunity to be heard.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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