Sumitk.saxena
Service/manager-hr
Natraj@sakthimanagement.com
Head - Outsourcing
Adoni Suguresh
Sr.executive (per & Adm)
Rkn61
Hr Manager
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
Dmc123
Legal Consultancy
Fredrick Castro
General Manager -personnel
+2 Others

Thread Started by #smadanhr@gmail.com

Dear professionals,
We are about to give suspension order for an employee who is being continuously involved in spec-error. He had been given warning letter for the same matter several time, (which involved immense wastage of money and disrepute from valuable customers) but he is not changing his attitude towards his work. After deliberate consideration the management has decided to suspend him from service for 3 days. Now my question here to professionals is, How to proceed legally, if he fails to accept/obey the suspension order, because our employees are being induced by un-recognised union.
Warm Regards,
Madan
2nd June 2014 From India, Madras
The method of serving notices/orders is very much elaborated in various "IR" related books under section of

"Holding Domestic enquiry".

Here in your case, the issue is regarding your assumption whether the employeeconcerned will accept/or

reject the suspension order.

Please make out the suspension order in your company letter head, duly signed by the competent authoority

and serve the original letter to him and ask him to acknowledge the duplicate coy of the letter, which you may

keep for your record purpose. You can serve the notice, in the presence of his department manager/supervisor

and a representative from HR or Legal deptt. If the person refuses to acceptthe communication, endorse the same

on the letter and obtain signature(s) of two witnesses and record the same in his personal file. Simultaneously,

a copy of the letter could be despatched through UPC and Registered Post Ack Due to his permanent address

and last known present address of the employee. Another copy could also be exhibited on the notice board of

the company. Also mark a copy to Main Security gate of the company and instruct security to not to allow the

person inside the factory/establishment.

This is the way you shoulld handle the situation.

Thanks

R K Nair
2nd June 2014 From India, Aizawl
Dear Nair Sir, Thanking you for your valuable suggestion, your timely advice is really a precious help to me.. Once again thanking you, Warm Regards, Madan
2nd June 2014 From India, Madras
Dear Sir,
The procedure of suspension from the services as a punishment should be based on the findings of enquiry officer. First issue the charge sheet and then order for a domestic enquiry to prove his charges by giving him a chance to defend his case and get the findings of ther EO and then management can decide the gravity of suspension. Before suspending a person, issue him a show cause notice calling his explanation, if he fails to submit his explanation and his explanation is not satisfactory, then you can issue me a suspension order. Assumption of acceptance or not a matter. The procedure of issuing suspension order is well explained by Mr.R.K.Nair, in his letter, in third para and follow accordingly. Please see that whatever action is being initiated against the employees should be within the laws.
I hope it stands clarified to you,
Adoni Suguresh
Sr.Executive (Pers & Adm) Rtd
Labour Laws Consultant
4th June 2014 From India, Bidar
Any worker can be suspended pending enquiry if his presence in the company is likely to cause any damage to the company or the business or officers or co workers.

But you have to spell out the charges and correlate it with the misconducts found in the model standing orders or your certified standing orders and at the end of it you can mention that " Since your continuing presence in the company is likely to cause any damage to the company /business / officers /r co workers.

Choose anyone which is related to the charges and suspend him.

Remember to deactivate his attendance card.

What has been stated by our colleagues like trying to serve it in the presence of witnesses may not be necessary. If he does not receive the charge sheet it will become another misconduct for which another disciplinary action can be initiated.

If he does not receive then just make an endorsement below the chargesheet stating " you were served this chargesheet on (date) at (time) by (name of the officer) but you refused to receive the same and hence it is sent by RPAD"

RPAD means registered post with acknowledgement due
4th June 2014 From India, Madras
These days such mail can be sent by courier, which will be faster and the Proof of Delivery (POD) can be sought from the Courier Agent as record.
4th June 2014 From India
Hello N.K. Sundaram, I think PoD of Private Couriers is NOT legally valid. Only Registered post OR SpeedPost is legally valid — to the extent I know of. Rgds, TS
4th June 2014 From India, Hyderabad
Mr.Sateesh,
May be, am not too sure. However, many of the postal services and products are going off like the good old telegraph... One fine day RPAD may also become extinct... Money Order system throough Post Office has undergone sea change. So one fine day POD through private courier system may become valid, or else, why Blue Dart / DHL insist on mobile number of person receiving courier , telephone number etc... Am not sure... Anyway, thanks for enlightening me.
Best wishes
4th June 2014 From India
If such suspension orders from services, which may lead to ultimate termination and the
employee concerned challenges such decision of employer in Court, it is suggested
to produce proof of despatch by postal authorities, rather than Courier agent- which are
well accepted documents in Court of Law.
It is also agreed that in the current era, communication by e-mail also shall be
treated as documents by Court.
Thanks
R K Nair
5th June 2014 From India, Aizawl
As Mr. Nair mentioned above, even Email communication is legal now. That is why, in e-mail etiquette programme, we insist on the users that any communication that leaves your IP address is legally valid and one can be proceeded against, in the event of something incriminating is sent.
5th June 2014 From India
#Anonymous
Dear Sirs,
Refusal of any Charge sheet, Show cause notice, suspension orders etc by an employee, leads to another misconduct and such refusal should be supported by two witnesses which is a must and will hold as documentary proof for such refusal not only in the domestic enquiry process but also in the labour court if the delinquent challange the orders in the court of law.
Adoni Suguresh
Sr.Executive (Pers and Admin)
Labour Laws Consultant
5th June 2014 From India, Bidar
A worker refused to accept show cause letter once by oral discussion & twice by post, So what should be the further action/proceeding for the same.? Pls guide
21st August 2015 From India, Aurangabad
dear Mr.Madan,
In case you have issued the show cause notice and called for the explanation of the employee and upon being satisfied that he is guilty of the error, in case you feel that suspension of 3 days as per standing orders will suffice, you can issue him the suspension letter and if he accepts it, well and good otherwise offer it in the presence of 2 witnesses and after he declines to accept it, let the 2 witnesses endorse the copy of suspension letter, which you can subsequently send by regd post AD to his address on record. Meantime, give a copy of the suspension letter to the security guard, instructing him that you have punished the employee for misconduct and he should not be given entry into the premises.
21st August 2015 From India, Pune
Dear Mr Madan

If you feel that the employee may not accept the suspension order, pl mention in the order that the suspension will take effect only after he accepts the order. If he refuses when issued in the presence of two witnesses, make endorsement in the order and take the signatures of the witnesses and display a copy of the order on the notice board - if your standing order has such a provision. In case if he reports for duty next day, issue the order once again at the gate itself informing that he has to accept the suspension order and he cannot be allowed for duty. If the employee still refuses to receive the order, don't allow him inside and treat him as absent for duty and send seperate charge sheet by RPAD to his residential address after waiting for some days for his unauthorised absence. Pl arrange seperate enquiries by an independant Enquiry Officer for the misconducts for which it has been decided to suspend him and for his unauthorised absence. In case if required, you may have to arrange the enquiry outside the factory premises and on completion of the enquiries you can decide the punishment. Regards

N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail : )
22nd August 2015 From India, Bangalore
Dear sir/madam,
Greetings for the day,
If employee is not willing to accept suspension order you send the same to him/her by registered post with acknowledgement letter on his correspondence & permanent address. Afterward paste the same to your official noticeboard witnessed by two employees & security personnel.
Thanks & regards,
From,
Sumit Kumar Saxena
24th August 2015 From India, Ghaziabad
Dear HR Fraternity,
I have gone through this thread carefully.
"How To Proceed - An Employee Refuses To Accept / Obey Suspension Order" is a title of the thread. The queriest emphasis is on how to proceed legally if he fails to accept/obey the suspension order.
However, no one focused on 3 days suspension order which the queriest intend to issue is legally valid or not, except Mr. Adoni Suguresh. But there is no single appreciation to him, unfortunately.
Suspension for not more than 4 days or not more than days as mentioned in respective State IE(SO) Law is necessarily a punishment on consequent to Enquiry Findings only which can not be imposed without holding domestic enquiry or without following rule of natural justice.
24th August 2015 From India, Mumbai
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™