PBS KUMAR (HR - PROFESSIONAL) 01 March 2010

IS HR HEAD SIG IS VALID ON DISCIPLANRY LETTER ?

Dear Exparts,

Its Most ugent required information please healp.

Is the Personnel Department Hear or HR Head signature is valid on the 'Termination Letter ' or Discharge Letter' or 'Show cause notice' or 'Charge sheet' ? Our managemet is incesting me to sign on one of the Managers Termination Letter. As a Personnel Department Head my argument is :- The HR Head or Personnel Department head should not sign on such letters either Factory Head / Concern Dept. Head / Occupair , if the case goes to labour court the Personnel Head / Hr head has the represent the case on behalf of the management Is it True ?

PLEASE GIVE YOUR OPENION IMMEDIATELY.

Regards,

PBS KUMAR

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7 Replies

R.R. KRISHNAA (Legal Manager) 01 March 2010

Only the personnel manager has to issue show cause notice, charge sheet or any termination letter.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 01 March 2010

TERMINATION LETTER MUST BE SIGNED BY THE APPOINTING AUTHORITY ONLY, NOT BELOW OR SOME OTHER PEOPLE.

HC. Subbaramu Chamappa Hanagodu (HR & IR Consultant) 01 March 2010

You study your cos' Standing Orders. Normally disciplinary procedures are drawn in there. The authority to sign the Show cause notice, Charge sheet, Appointment of Enquiry Ofiicer etc, etc is done by the delegation of power. Being HR Manager, thereis no bar for you to isuue such communications. However, awarding punishments such as dismissal have to be issued by appointing / disciplinary authority after applying his mind judiciously.

HC. Subbaramu

HR & Labour Law consultant

Bangalore

V. VASUDEVAN (LEGAL COUNSEL) 01 March 2010

Adv.Janardhana Reddy is absolutely right. Only the appointing authority has the powers of discharge, termination and related powers. While he can delegate/authorise powers for investigation, enquiry, etc. the ultimate power of termination and pre-termination process is vested in him.

vasudevan

gauri tomar (AM- Human Resource) 01 March 2010

If Senior Management has spoken with HR Head and ask person to terminate. So, HR head can issue the termination letter . He has the authority to take decision.

Regards,

Gauri Tomar

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 01 March 2010

Any disciplinary action must be taken by the AUTHORITY, in this case authority is appointment officer. Even ratification before or after the action of inferior authority is inferior ORDER as per the decided cases of Apex courts and against to the Principle of Natural Justice.