If an employee is kept under suspension for 90 days or beyond, does it mean that the company has got the right to terminate the employee considering that he is not attending the job for more than 3 months ?
Amit Chaudhury, Kolkata
23rd July 2019 From India, Chennai
Dear Amit,
Can you please explain how the right to terminate the services of one of his employees who has been placed under suspension beyond 90 days accrue to an employer by the mere efflux of time? Can you please quote the authority also in this connection?
23rd July 2019 From India, Salem
Suspension Order at the behest of an Employer is Mere Temporary / Provisional Act of Keeping the said Suspended Employee out of Workplace and is in No Way to Be construed as a Final Decision.
Absensec from Duty due to Suspension is Not Unauthorized Absence from Duty and Not Therefore an Act of Misconduct. Hence, it does Never mean that the Employer has got the right to Terminate the Suspended -employee Terming it Unauthorised Absence from Duty job for more any period of Time.
Employed Person is Suspended Pending Inquiry as a measure of Disciplinary Action Step and
as per the Provisions of Service Rules or the Standing Orders and Not as Arbitrary Act.
During Suspension Period, Subsistence Allowanc is payable/paid and once a Final Decision is taken by the Disciplinary Authority, the Suspension is Revoked.
Any other Interpretation is Unlawful, Immoral, Unethical, Condemnable and Such Brazen Unlaful Act surely leads to Reversal with Back Wages by the Judiciary.
STOP at that Guidance-Seeker.
Kritarth Team
23rd July 2019 From India, Delhi
Dear colleague,
You need to understand that the act of placing an employee under suspension as a part of the disciplinary action is at the behest of the employer and not a choice made by the employee.
Besides, the suspended employee is entitled for subsistence allowance as per law during suspension.
By any stretch of imagination, therefore, to think that such suspension period of three months as absence from duty amounting to a misconduct and on stand alone basis merits discharge/dismissal is farfetched and is nothing short of wishful thinking which does not hold any water.
Vinayak Nagarkar
24th July 2019 From India, Mumbai
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