Dear Sir, Please help me with the procedure to suspend an employee.
31st January 2019 From India, Bengaluru
Suspension-from-Duty-Pending Inquiry is part of Discipline and a Prerogative of the Employer (Management) and is often taken/resorted to when the "presense" of the Delinquent/Charge-sheeted Employee is "considered" Not Advisable but it is Not a Punishment.
The Procedure is as follows:
1. First Issue a Charge-sheet, containing the "Alleged Act of Misconduct"/ allegation leveled mentioning sufficiently precisely, the Date, Time and Place of occurence of the Act of Misconduct and above all, the Charge leveled;
2. Once the said Charge-sheet is issued and received/acknowleged by the Charge-sheeted Employee and Signature obtained on the Office Copy for Record;
3. Issue the Suspension-Pending-Inquiry Order duly Signed by the Authorized Signatory/Punishing Authority stating the "Reason" for the same; Obtain the Signature as proof of Recept;
4.Since the Charge-sheeted Employee is not allowed to enter the Establishment Work Premise, the Entry Permit is surrended by him/her for safe Custody. Care be taken to Fix Up Suitable Venue to allow him/her to attend Inquiry Proceedings;
5. During the Suspensin Period and till the Date the Punishment or Condonation, as the case may be, is awarded, "Subsistence Allowance: is payable as per the Provisions of Certified Standing Orders or theService Rules which is clearly mentioned in the Suspension Order Letter;
6. The Inquiry Proceedings into the Charges levelled must be held "in accordance with the Principles of Natural Justice" and the Order of Events laid down for such Domestic/Internal/Detl Inquiries;
7) Inquiry to commence after giving the C/H Employee "reasonable opportunity" to prepare his/her defence, to get prepared to attend Inquiry Proceedings etc and
8) Inquiry Conducted in a manner Fair, Proper and Just and till completeion thereof and Punishment or Condonation is Awarded, the C-sheeted Employee be Treated properly, respectfully, as it were;
8. The Punshing Authority applies his/her Mind to the Inquiry Report with Definite and Conclusive "Findings" and decide "either "Proprportaionate Punishment" or Condone;
9. In case condoned, the Period of Suspension-During-Inquiry is treated "On Duty" and due wages paid adjusting the Payment as Subsistence Allowance.
For Clarifications and OR "Learning Lessons in Domestic Inquiry Workshops" can be organized.
Un-Avoidable Costs of a Faulty Inquiry or Vitiated Findings, when Found UnLawful includeds:
a) Reinstatement with Full Back Wages/Salary etc;
b) Loss of Face and ill-Reputation;
c) Litigation Costs;
d) Loss of Credibility, Motivation, Morale of Workforce, in general etc.
Kritarth Team of Trained Inquiry Officers & Disciline Management Specialists
Bengaluru Office,
1 Feb 2019
1st February 2019 From India, Delhi
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