Can We Withhold Four Annual Increments for Misconduct? Seeking Advice on Disciplinary Action Limits

Dear all, We would like to initiate disciplinary action against one of our workers who was found guilty of misconduct, which entails stopping annual increments. However, the certified standing orders of the company do not specify how many increments can be stopped. I would like to know if the company can withhold four annual increments or if it is limited to two as mentioned in the model standing orders. Kindly advise me.

Regards,
Riya

Dear Riya, even in government offices, a maximum of 2 annual increments is being stopped. If you stop 4 years of annual increments, you will have to let go of the employee.

Questions Regarding Misconduct

What misconduct has been found in your worker? Have you served the Show Cause Notice to the worker? Was the Board of Inquest/Court of Inquiry held? Have you announced the findings and recommendations of the Board/Court to the worker? Has he accepted his fault?

Without clear postings, no one can provide a response to your thread, Riya. Always provide the required information specific to your issue to receive a proper response from the members.

Dear Bhaskar, Thank you for your response. We have conducted a domestic enquiry and complied with all the requirements under labor law. We have given the enquiry report to the worker and obtained his reply as well. The final order is pending. Please note that our certified standing orders do not mention how many increments can be stopped. I would like to know if there are any conditions regarding the number of increments that can be stopped.

Regards, Riya

In Defence, only a 2-year increment can be withheld as a punishment, not more than that. Since your company's discipline policy is not clear about withholding the increment of any employee, you can adopt the general practice followed by other government companies. Even his seniority should be reduced for a maximum period of 2 years, which will affect his further promotion. Depending on the severity of the offense, you can decide on the appropriate punishment.

Regards