Show cause for not receiving call outside of duty hours.
8 months ago
I work in an Eastern Railways maintenance plant as a Supervisor. Can my boss issue chargesheet to me for not receiving call outside of office hours ?
A.Dear Client,
As per Rule 3(2) (i) of the Railway Services(Conduct) Rules, 1966, Every railway servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all railway servants for the time being under his control and authority, In the light of the provisions of rule 3(2)(ii) it is impressed upon all Railway servants that (i) Oral instructions should not, as far as possible, be issued by senior officers to their subordinates; (ii) If the oral instructions are issued by any senior officer they should be confirmed by him in writing immediately thereafter; (iii) If a junior officer seeks confirmation to the oral instructions given by the senior, the latter should confirm it in writing, whenever such confirmation is sought; (iv) A junior officer who has received oral orders from his superior officer should seek confirmation in writing as early as practicable; So, being the aforesaid provision of service rules and holding a supervisory position, you may submit your explanation to the Charge Sheet issued to you by your superior. It may please be noted that the position of supervisor in any establishment is treated as an essential and emergency staff and based on the nature of urgency especially in case of natural disaster, his services may be called on by the superior even in odd hours.
As per Rule 3(2) (i) of the Railway Services(Conduct) Rules, 1966, Every railway servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all railway servants for the time being under his control and authority, In the light of the provisions of rule 3(2)(ii) it is impressed upon all Railway servants that (i) Oral instructions should not, as far as possible, be issued by senior officers to their subordinates; (ii) If the oral instructions are issued by any senior officer they should be confirmed by him in writing immediately thereafter; (iii) If a junior officer seeks confirmation to the oral instructions given by the senior, the latter should confirm it in writing, whenever such confirmation is sought; (iv) A junior officer who has received oral orders from his superior officer should seek confirmation in writing as early as practicable; So, being the aforesaid provision of service rules and holding a supervisory position, you may submit your explanation to the Charge Sheet issued to you by your superior. It may please be noted that the position of supervisor in any establishment is treated as an essential and emergency staff and based on the nature of urgency especially in case of natural disaster, his services may be called on by the superior even in odd hours.
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A.Dear Client,
employment Contract and Company Policies: Your employment contract and any company policies or guidelines should outline your responsibilities, including expectations regarding availability outside of office hours. Some jobs, especially those with on-call or emergency responsibilities, may require employees to be reachable outside of regular working hours. If your contract or company policies specify such requirements, not being available when required could potentially lead to consequences.
Reasonableness and Compensation: If your role explicitly requires you to be on-call or available outside of office hours, it's generally expected that you fulfill those obligations. However, it's important to consider the reasonableness of these expectations and whether you are being compensated appropriately for your time and availability.
Labor Laws and Fair Treatment: Labor laws in many jurisdictions aim to protect employees from unfair treatment. If the expectations placed on you are excessive or unreasonable, or if they significantly infringe upon your work-life balance, you might have legal grounds to discuss the matter with HR or legal advisors.
Communication and Justification: If your boss is concerned about your availability outside of office hours, it's advisable to have an open and respectful conversation. You can discuss your role, your responsibilities, and any potential challenges that prevent you from being available at all times. Finding a mutually agreeable solution is often beneficial for both parties.
Chargesheet and Disciplinary Action: The issuance of a chargesheet or disciplinary action is typically a formal process that should follow the established protocols of your company. If you receive a chargesheet, it's important to review it carefully, understand the allegations made against you, and respond appropriately within the provided time frame.
Thanks
employment Contract and Company Policies: Your employment contract and any company policies or guidelines should outline your responsibilities, including expectations regarding availability outside of office hours. Some jobs, especially those with on-call or emergency responsibilities, may require employees to be reachable outside of regular working hours. If your contract or company policies specify such requirements, not being available when required could potentially lead to consequences.
Reasonableness and Compensation: If your role explicitly requires you to be on-call or available outside of office hours, it's generally expected that you fulfill those obligations. However, it's important to consider the reasonableness of these expectations and whether you are being compensated appropriately for your time and availability.
Labor Laws and Fair Treatment: Labor laws in many jurisdictions aim to protect employees from unfair treatment. If the expectations placed on you are excessive or unreasonable, or if they significantly infringe upon your work-life balance, you might have legal grounds to discuss the matter with HR or legal advisors.
Communication and Justification: If your boss is concerned about your availability outside of office hours, it's advisable to have an open and respectful conversation. You can discuss your role, your responsibilities, and any potential challenges that prevent you from being available at all times. Finding a mutually agreeable solution is often beneficial for both parties.
Chargesheet and Disciplinary Action: The issuance of a chargesheet or disciplinary action is typically a formal process that should follow the established protocols of your company. If you receive a chargesheet, it's important to review it carefully, understand the allegations made against you, and respond appropriately within the provided time frame.
Thanks
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