SUSPENSION WITHOUT PAY - IS IT REALLY RIGHT??

Hi All!
I am working for a grain handling firm as an administration officer and also handling HR issues though not very well conversant but trying.
We have one employee who was suspended without pay from January'06 todate. I don't know how it is in other countries but is it really right to suspend someone without pay?? And eventually when we decide to reinstate this person or terminate him, are we supposed to pay him for the months he was on suspension??
Please....... give me your advises!!
Catherine
:?

Hi Cathy,

Greetings and great to see your mail.

As far as legal implications in India are concerned, you cannot suspend a workmen without holding a domestic enquiry and yes you can suspend him pending enquiry but it is very essential to complete the domestic enquiry as soon as possible to establish the misconduct and to give the workman a fair chance of defending his case as per the laws of Natural Justice. Prior to that, every organization should have a set of standing orders or service rules wherein various terms and conditions of service/employment for employees are defined clearly. Once it is there, you can very well follow the same while dealing with disciplinary actions. Pl find out what the other similar industries in your region are following. If you want me to send a draft service rules or standing orders,for your future use, I will be very glad to send the same to you.

One more thing is, if you suspend a workmen after concluding the domestic enquiry and if he is found guilty during the course of enquiry, you can award the punishment of suspension for not more than 8 days (it depends on standing orders or service rules) with full salary and after that you have to pay subsistence allowance as per the rules.

Hope it is clear and if you require any clarifications, please shoot them to me.

Best Regards,

PRADEEP

Not taking into consideration the size of your organisation, what you are referring to, that is suspeding an employee without pay, does not augur well for the going-concern of the company. It badly hurts the company's brand image and makes tough the future recruitments who can potentially be in the circle of the suspended. Take care of the legal obligations also to that, you'll have done better to make your company pay to that suspended employee.

Hi Pradeep!
Thanks for your advise and responding promptly.
I will appreciate if you could email me the draft service rules/standing orders for future use.
Thanks once again.
Cheers!!!!
:)

Vinay,
Thanks for your contribution.
You are right. I am really trying to convince the company to pay this suspended employee but they are reluctant.
Since the guy was suspended for attempted theft, they say that if he insists of being paid for the months he has been on suspension they will prosecute him.
Regards.
Catherine

Dear Catherine,
The concept of paying subsistence allowance is based on the concept in India, which states that nobody is guilty unless proven.
The next thing is that if the employee goes to Court and is aquitted of all charges then you need to pay the full salaries for the months he was in suspension.
Kindly refer to your labour laws of Kenya in this regard.
Regards,
SC

Dear All,
No punishment which affects the pay (i.e loss of pay) can be awarded without going in through a proper disciplinary proceeding. This is the position of law in relation to labour in India.
Hence, verbal suspension order for any reason whatsoever is invalid unless you are a daily paid casual workman in India.
Kind Regards,
SC

Dear Mr. Pradeep
I am working as the Administrator of a Medical College Hospital. We don\' have a certified standing order. Is HR manual and CSO same. Can you please snd me a copy of the Certified Standing Order.My mail id is rmdathan@gmail.com Regards Dathan

Hi Cathy
I am appalled that there is a Company in Kenya that can keep an employee on suspension for such a long period. Under Kanyan Labour Laws this is illegal and it will definitely land them in court once the individual concerned is made aware that he has recourse to the Industrial Court. They will not only be heavily fined but will also be required to pay the individual the entire salary for the time he has been out. Their excuse that he stole will not be entertained since the person has not been convicted by a competent court of law.
Regards
Simon Ngugi