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sana (lawyer)     10 October 2012

Show cause notice to a employee

We have issued a show cause notice to our employee for leaving the duty premises for 2 hours without intimation to any body. Hence we have issued him a show cause notice and the last Para of the show cause notice reads as follows:

"Therefore, you are hereby called upon to submit your written explanation within three days of receipt of this notice, as to why appropriate disciplinary action should not be initiated against you. Should you fail to submit your explanation in writing within the stipulated time, it will be presumed that you admit the charges and it will be concluded that you have no explanation to offer.  Accordingly, a disciplinary action as deemed fit will be taken without any further reference to you." 

 

THe employee is still coming to work but have not replied. He is not answering if we ask for the reply.

1. Please let us know what steps we can take for his non reply within stipulated time.

2. Can he be given additional days to reply?

3. Whether we can hold domestic enquiry without receiving his reply?

PLease help. 

Thank you in advance.

 



Learning

 6 Replies

SAA_Bombay (Pro)     10 October 2012

any company can directly ask to employee for issue, why need of show cause notice for internal matters? now, you can directly call & can ask for not replying to your notice, no need to chew matter for long. Finish it in short.  

M.S.R.Murty ( Manager (Admn))     10 October 2012

Dear Sena Ji,

For 2 hours absent or absconding from duty, you may give punishment upto one day salary deduction to your employee.

remaining all are indefensible and Mr.Sanjay ji also  suggested well.

raghavendra (employeee)     10 October 2012

show cause notice issued is right because if you have not taken  appropriate action ,not only he all will start same kind of misconduct , if he not  replied to you show cause notice issue one  more notice  and ask him attend the enquiry proceding , because  employee should not deprive from his  right , or you can immediately suspend him ,

give your company details

 

santosh shetty

bangalore

M.S.R.Murty ( Manager (Admn))     10 October 2012

Dear Santosh ji,

show cause notice issuance is right when the Employee habituated with absconding duty in offcie hours regularly.  But once in a while cases should be retrospective.  Normally private sector duty timings are incertain and unsteady.  Certain flexibilities are required with understanding.  Otherwise the Company may not create confidence in the minds of employees.  Such impact would be on all employees.

H. S. Thukral (Lawyer)     12 October 2012

Wind it up by issuing a warning letter. If you propose to inflict punishment you shall have to hold an inquiry. The misconduct does not warrant any major punishment. 

Sudhir Kumar, Advocate (Advocate)     13 October 2012

It appears someone has newly leanrt the work "show cause notice".  Even if you intended to deduct a days salary still no SCN would have been needed even if it was Govt deptt.

 

Perhaps that employee better understands the futility and immaturity of the management and has not replied.

 

If you want to confer martrydom on him then please pester him for reply, stop his salary, suspend him etc....


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