Umakanthan53
Labour Law & Hr Consultant
[email protected]
Hr Executive
KK!HR
Management Consultancy

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
As an Employer, Maximum How many days to be suspend to any worker for Misconduct at the time of Workplace without any domestic Inquiry??
From India, Vadodara
No punishment much less suspension can be ordered without a domestic enquiry unless the charges are unequivocally admitted by the delinquent employee. The maximum duration of punitive suspension under model standing orders is four days.
From India, Salem
In answering the query , among others someone has mentioned that subsistence allowance paid to a delinquent employee who is being dismissed post enquiry , could be adjusted against his terminal dues .
If enquiry was concluded with a punishment, the employee shall not, in any event be liable to refund or forfeit any part of the subsistence allowance admissible to him/her.
Panchsen
P. Senthilkumar

9884009193

From India, Chennai
Suspension is not punishment. Practically, when the presence of the delinquent employee is not desirable, during investigation/enquiry, then the employer suspends the delinquent employee and it is not as a 'punishment'. It is another aspect, whether the employer conducts a formal domestic enquiry or not. However, without proceeding further i.e. conducting a domestic enquiry, suspension is not advisable.
In any event, should not be for more than 90 days, otherwise, full salary would be payable. During the initial period of 90 days, subsistence allowance as per standing orders applicable upon the industry, will have to be paid.

From India, Faridabad
There is no prescribed time limit, neither can be. However Principle of Natural Justice has to be maintained. Undue delay on part of Employer is likely to be challenged and can go against the employer as malafied action/victimization. Also beyond 90/120 days of suspension pending inquiry the subsistence allowance will be 75%.
Regards
Shailesh Parikh
99 98 97 10 65
Vadodara

From India, Mumbai
From the query it is not clear as to whether it is suspension as a punishment or suspension pending enquiry which is contemplated. The position regarding suspension as punishment is that you have to strictly follow the applicable Standing Orders or Service Rules as the case may be on the duration of such suspension. In case of suspension pending departmental enquiry, though there is no outer limit prescribed in law, but it has to be reasonable. Supreme Court guidelines stipulate that all cases of suspension have to be reviewed periodically (at least once in six months) as to the desirability of prolonging it further.
The stage of the proceedings is also not very clear as to whether charge sheet has been issued or not, if issued the response thereof.
At any rate it can be safely concluded that there cannot be an indefinite suspension and the delay in concluding the proceedings would be hard to defend if challenged in Courts.

From India, Mumbai
Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™