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Anonymous
Friends,

In our company, we allowed a suspended employee to join duty. The chargesheet was supplied with the suspension order. Now, after few days, he was 'allowed to join duty till completion of enquiry'. Is it any different from 'allowed for duty pending enquiry'.
6th August 2017 From India, Pune

Umakanthan53
Labour Law & Hr Consultant
Bharat Gera
Principal Hr Consultant
Dmc123
Legal Consultancy
Pune.hr
Manager
+2 Others

" Suspension of an employee pending enquiry ", per se, is neither punitive nor does it cast any stigma on the part of the concerned employee. Its only a matter of administrative convenience to speed up the disciplinary proceedings against the employee by pre-empting his possible tampering with the records of evidence or influencing the witnesses by remaining on duty. Unfortunately it has become a dry formality to place an employee under suspension immediately with or without serving of the charges of the alleged misconduct either without application of mind or intentionally to intimidate the delinquent. In either case it is going to produce the opposite result only by prolonging the enquiry as well as paying subsistence allowance. Therefore, resorting to suspension pending enquiry is only inevitable depending on the gravity of the charges as well as the possibility of the employee meddling with the material evidence. Otherwise, it can be skipped totally or at any stage later. The revocation of suspension subsequently any time before the completion of the DP can not, in any way, affect the outcome of the disciplinary proceedings
7th August 2017 From India, Salem
In case you allowed suspended employee for duty then what is the necessity for suspension, as rightly mentioned by Mr.Umakanth suspension of an employee is to avoid the possibility of tampering the evidence and the gravity / seriousness of the misconduct.

If you are allowing the Suspended delinquent employee for duty then why you suspended, in case he works then are you paying the subsistence allowance or the salary or both.

If you have suspended an employee pending inquiry then you need to continue till the Domestic inquiry is completed, report submitted and the punishment cleared. If the punishment is other than termination then you need to allow him after the employee completes the punishment.

When there is no suspension then you will allow duty till completion of inquiry & the punishment is other than termination.
Allowed to join duty till completion of inquiry is not at all applicable once the employee is suspended. He is allowed to join duty on completion of inquiry & the punishment is other than termination.

Hope you are clear.
Thanks
Kameswarao
7th August 2017 From India, Hyderabad
In the first place you can suspend as employee pending enquiry only if the charges levelled are so serious that her / his presence may harm working of the organisation.
7th August 2017 From India, Mumbai
Dear Anon

It is the prerogative of the company to suspend an employee pending enquiry if the misconduct which he has indulged in is so grave and serious as to keep him away from work reason being he may influence the witnesses or tamper with the evidence against him. During suspension pending enquiry, the company is required to pay subsistence allowance to the chargesheeted workman as per the Standing orders Act.

However if the suspension is withdrawn against the employee it will cast a burden on the company to prove as to why he was suspended in the first place. Withdrawing the suspension is the company's prerogative also, but if the case is put to judicial scrutiny, then some bias on the company's part may be inferred by the Authority.
9th August 2017 From India, Pune
Dear Anonymous

Both the terms convey the same meaning. they are only different in their composition.

Warm Regards

Bharat Gera
HR Consultant
9322404765
9th August 2017 From India, Thane
what if employee is asked to rejoin the office on the ground of Huminity.

First of all Domestic Enquiry was conducted against the law of Natural justice and also MO , IO are of the same Organisation and Inquiry was closed with saying charged are proved even though it was proven with the proof that charges against th employees were false and it was fabricated.

Now Employee has join th duty. But need guidance what employee can do now and what further implications employee may face.
16th August 2017 From India, Nadiad
Dear Pune.HR,
When a person is more emotional, the first casualty would be his rationale. First and foremost, Suspension of an employee pending enquiry and its revocation after some time are mere administrative acts falling well within the discretion of the disciplinary authority in the wide spectrum of disciplinary proceedings.The delinquent employee can not question this on any grounds other than denial of subsistence allowance or its indefinite prolongation even after the close of the enquiry.
Second, the defects you are pointing out about the enquiry may serve as valid grounds of defense in a judicial appeal if you were punished based on such a defective enquiry. Even chances are there that the entire charges may be dropped altogether and the period of suspension undergone may be regularised as duty.
Therefore, let the employee rejoin duty and patiently await the final orders.
16th August 2017 From India, Salem
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