jeeni
11
Human Resource Manager

Would it be a correct process to suspension of an employee for 2-3 days without salary for small misconduct? Even we dont ask for their written statements or explanation? Could you all also please elaborate the whole process that what needs to be followed before a suspension?
Regards
Ranjeet

From India, New Delhi
Dear Ranjit

Suspension pending disciplinary action, shall be resorted to either to prevent an employee from tampering with evidence or influencing witnesses if there is such threat by the employee or to ensure safety or security of employees if his presence is a threat to it or where the misconduct committed is of such nature as to involve moral turpitude and his continuance in service hampers the image of the organisation in public.If suspension as a penalty is to be imposed for misconduct then there shall be a proper domestic inquiry and the employee shall be proved to be guilty of the misconduct on the basis evidence.Further, there shall be enabling provisions in the service conditions of the employee to empower the employer to suspend an employee. Otherwise suspension shall not be resorted in a matter of routine or in a mechanical way to satisfy one's whim and fancy.Once suspended for right reasons, the employee is entitled to substance allowance. Suspension without substance allowance is untenable.

b.Saikumar

HR & IR Advisor


From India, Mumbai
jeeni
11
Human Resource Manager

Dear Sai,
That why i am wondering to see that suspension without salary is not justifiable.
What to do if employees are suspended without a proper enquiry? what could be legal implications on such cases?
Regards
Ranjeet

From India, New Delhi
korgaonkar k a
2542
BA,LLB,MPM,DIR&PM,DLL&LW,D.CYBER LAW

Dear Saikumar ji,
Happy to see you once again. Regular contributor like you with more than 1700 posts at the rate an avg. two plus per day, is having halt for couple of days feels member like me something missing from this forum. Your all posts are very accurate and specific in answer which helps enhancing community knowledge.
Your answer in the current thread is also perfect but only thing I wish to add with your permission and due respect to you is, the subsistence allowance payable only in suspension pending enquiry.

From India, Mumbai
Dear Keshavji
Thank you for evincing interest in my posts and feed back from members like you is always reassuring. Yes, you are right that subsistence allowance is not payable in case of suspension imposed as penalty.It missed my attention.Thanks for making the post complete.
B.Saikumar
HR & IR Advisor

From India, Mumbai
Dear Ranjeet
If an employee is suspended by way of penalty without an inquiry or without a proper inquiry, if one conducted, such suspension is untenable in law and the employee will become entitled to full wages for the period of suspension that would have been payable had he not been suspended.
B.Saikumar
HR & IR Advisor

From India, Mumbai
jeeni
11
Human Resource Manager

https://www.citehr.com/505379-pf-esi...racts-amc.html
Dear Sai,
thanks for your update.
Would request you to please also share your views in my other threas. (Link above).
Regards
Ranjeet

From India, New Delhi
sridharan venkataraman
25
Deputy Manager

Dear Ranjeet:
As u already stated that it was a small misconduct committed by an employee. I feel it is not necessary to keep the employee under suspension pending enquiry. You may please think of asking him to submit his explanation and if he admits the guilty of the misconduct and pleads apology you may straightaway issuing order suspending him 2 or 3 days without salary. But at the same time, without giving him an opportunity to explain his side, awarding punishment of suspension without salary will be viewed as violation of principles of natural justice.
Thanks & regards,
V Sridharan

From India, Mumbai
Dear Ranjit,

first thing that you need to put into consideration in supervising HR is to sequence the correct process in providing decisions and evaluations to your people particularly for those employees involving commiting any violations. Giving suspension to your employees without following due process is against on your labor laws.

First thing that you need to do is to send a notice of violation to the employee and with that you are giving him/her the chance to explain his/her side through writing explaination. In our company we give them 3 days due date to reply. No reply means, the employee waived or agrees for whatever the decision and sanction of your labors relations department that will be imposed to him/her.

Second, after calling his attention that your office acknowledge his response.. this is the best time for personal interview (inquiry), there should be a representative from the labor union.

Lastly, the decision of the management based on the inquiry and collective bargaining.

Hope this helps.

From Philippines, Davao City
jeeni
11
Human Resource Manager

Dear All,
i understand that HR is only there in organisation to make aware the management about the coorect side of the law but practically it is very painful to see that nowdays HR work under the pressure of management who merely have knowledge of operations only.

From India, New Delhi

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