On the basis of "Show Cause Notice" received two months ago, the Company may terminate the employee after two months from the "Show Cause Notice", provided the employee gives his justification by mail within 48 hours of receipt of the "Show Cause Notice". From India, Noida
The question is not clear from the query. What is it that you want us to respond to? On the basis of show cause notice, the services of an employee cannot be terminated unless the employee accepts the charges mentioned in the show cause notice. If the employee disputes the charges, then a proper departmental enquiry is to be held. Also, there is no need to wait for two months before termintion. From India, Mumbai
A show cause notice is nothing but a communication to employee directing him to submit his reply/explanation within a specified time frame, so that punitive action should not be initiated by the management.
After submission of show cause notice, an enquiry will be conducted by management, and on the basis of report by Enquiry Officer, if the allegations/charges are proved, a punishment will be awarded to employee (depending on the gravity of misconduct) and if not proved, the matter shall be closed, after sending a communication to employee.
Sir, the question is, Can the company terminate the employee after two months of sending the "show cause notice"?
If the show cause notice is received by the employee on 14th April and the employee gives his explanation to the company within 48 hours, then the company will terminate the employee after two months in June/July based on the show cause notice sent on 14th April. can or not ?
What I explained you above, is the normal procedure to be followed by a management.
Practice of straight away terminating the services of an employee after issuing a SCN is unheard of. Termination from the service is a punishment awarded to an employee by the management, after observing all procedural steps and by observing principles of natural justice.
From your narration, it is inferred that no opportunity is given to the employee, for explaining his part, and matter is not investigated through a domestic enquiry- This is not a good industrial practice.
From India, Aizawl
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On the basis of "Show Cause Notice" received two months ago, the Company may terminate the employee after two months from the "Show Cause Notice", provided the employee gives his justification by mail within 48 hours of receipt of the "Show Cause Notice".
The show-cause notice can be considered as the last opportunity for a person to prove him innocent. If he failed to prove his points, the person who served the notice may take legal action against that person and the person may be charged a fine or punishment.
Termination for cause ensues when the employees' actions are against policy and may lead to serious repercussions for the company, clients and other employees. Termination of employee services with cause may be necessitated by a violation of the company's code of conduct or continuous poor performance.
A show cause notice signals an intention by an employer to take disciplinary action if suitable reasons are not provided for the behaviour by the employee. A show cause notice may be given after a workplace investigation, disclosure by a third party or an admission by the employee themselves.
A notice to show cause has many forms. All types have a similar effect, being some form of disciplinary process. This may be, for instance, a punishment or penalty if you do not reply within the deadline or in an adequate manner.
If you receive a show cause letter from your employer, it is important to take it seriously. A show cause letter is typically issued when an employer has determined that an employee has breached a policy or engaged in misconduct.
The reason people consider it harsher is it prevents you from receiving any compensation. Your record of employment (ROE) issued from the employer shows the reason for termination as with cause. As such, when you're fired, you have no eligibility for employment insurance, severance pay, or notice of termination.
Termination of employment refers to the end of an employee's work with a company. Termination may be voluntary, as when a worker leaves of their own accord. Involuntary termination occurs when a company downsizes, makes layoffs, or fires an employee.
A show cause notice is a formal written request issued by a government regulatory body to an individual or business, asking them to provide a satisfactory explanation or justification for a certain action or behavior.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties.
A show cause letter is issued to an employee, inviting them to answer to allegations of misconduct ahead of a disciplinary hearing. The letter is addressed to the specific employee and it should clearly indicate the details of the misconduct complained of.
Next, a fair hearing should be conducted to evaluate the allegations and the employee's response. This may involve conducting an internal investigation and gathering additional evidence or witness statements.
The show-cause notice is issued within the given time limit of three months before the expiry of three years from the due date of annual returns filings.
However, since the time period for paying tax, interest and penalty specified in SCN is statutorily prescribed to be 30 days in Section 73(8), the reasonable period within which SCN is to be responded should be 30 days.
I am writing this letter in response to your notification regarding my absence from the meeting held on [date and time]. I understand the importance of attending meetings and I am aware that my absence has caused an inconvenience to the team and may have impacted the progress of the project.
Address: 2865 Kasha Unions, West Corrinne, AK 05708-1071
Phone: +3512198379449
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