VSH
Hi, In my private company, one staff member working as an Officer behaved very rudely and had a verbal fight with the Manager of HR. He is not perfect in his given assignments and delays the work purposely. The company wants to take legal action against him by suspending him for a few days.
My query is whether he can be suspended without giving him a Show Cause Notice. For how many days he can be suspended?
Regards
VSH


PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Vmlakshminarayanan
Agm - Hr&admin
Rkn61
Sr. Hr Manager
Ommygautam
Plant Hr Head
Kapoorrr
Advisor(hr)
KK!HR
Management Consultancy
VSH
Working As Manager Hr In Private Company
+1 Other

sekark_7711
23

No without proper enquiry after getting explanation for the given notice , NO Employee can be suspended under disciplinary action for any incident.
From India, Madras
vmlakshminarayanan
919

Hi,

The whole enquiry process to be unbiased and without any prejudice.

Direct suspension not possible. As per process issue the employee with Showcause notice get explanation and then proceed for suspension.

From India, Madras
rkn61
624

Issue a Show Cause Notice and then order for domestic enquiry. Following report from Enquiry officer you can initiate further steps.
From India, Aizawl
kapoorrr
10

Depending upon the gravity of misconduct, an employee can be suspended pending an enquiry. During the suspension period the employee has to be paid subsistence allowance as per the provisions of the standing orders. A charge sheet should be issued to the erring employee and the enquiry to be conducted within stipulated time. If the charges are proved beyond doubts, you can punish the employee as per the provisions of standing orders. If charges are not proved, the employee will be paid full salary less subsistence allowance already paid.
R R Kapoor
Vadodara

From India, Vadodara
ommygautam
78

i did not understand that when any employee has done any misconduct after that we listen " He is not perfect in his given assignments and delays the work purposely." I want to ask have you ever issued him notice for not performing as per management expectations? or only just because of he had a matter with HR , you need to suspend him.
Now coming to your point you cannot suspend him without show cause notice or without any domestic enquiry. Without any enquiry how would you prove his guiltiness.

From India, Rudarpur
KK!HR
1530

Certain Standing Orders provide for suspension as a punishment upto three days. Before imposing suspension as a punishment there is a need to issue a charge sheet/notice.
Suspension pending disciplinary action is also possible. Where the allegation is so serious that the presence of the delinquent employee is likely to prejudicially affect the disciplinary action, an employee can be suspended. For this, there is no need to issue any notice or charge sheet. As per Supreme Court guidelines after every six months cases of suspension have to be reviewed and decided whether to continue suspension or not.
You may decide the matter in the above light of the legal position.

From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.





Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2024 CiteHR

All Copyright And Trademarks in Posts Held By Respective Owners.