Understanding Suspension Start Date: Does It Begin on Acceptance or Issuance Date?

I have a query. I hope I will get a suitable and appropriate reply.

Charge Sheet and Suspension Order Details

We served a Charge Sheet cum Suspension Order pending enquiry dated 20th June to a worker. The suspension was with immediate effect. The Charge Sheet cum Suspension Order was served on him on 24th June when he reported for duty (he remained absent unauthorizedly since 20th June). As per the Charge Sheet, he was supposed to sign the register daily, which was kept at the Factory's Main Gate for this purpose. The worker also replied on the same day, apologized for the absence, and assured the management that he would not repeat the same in the future. Considering his sincere apology and his past long association with the company, the Management decided to let him go this time by issuing a stern warning letter and decided to suspend him for three working days as a punishment.

Question on Suspension Effectiveness

Since when will this suspension be effective? From the day the worker accepts this new order or from 20th June, the day on which the Charge Sheet cum Suspension Order was made, although it was accepted on 24th June.

The worker still remains absent and does not sign the register at the Main Gate.

Friends, your urgent reply is solicited.

Regards,

Dear Rakesh,

The employee is under suspension pending inquiry until you revoke it by issuing a letter. Four/three days of suspension is a punishment. You need to obtain a reply to the charge sheet where the employee can accept the charges and assure not to repeat the misconduct. Thereafter, the disciplinary authority can issue a letter stating, "We have received your reply dated... in response to the charge sheet dated... Although the act of misconduct committed by you is grave in nature and calls for appropriate punishment, considering your acceptance, apology, and other circumstances, I impose a punishment of a three-day suspension effective from... as per clauses (...) and (...) of the standing order applicable to you."

You can revoke the suspension pending inquiry and can issue a three-day suspension the very next day. As a safeguard measure, you can initiate the domestic inquiry by appointing an Investigating Officer (IO) and Presenting Officer (PO). Let the accused employee accept the charges before the IO.

Hope this helps.

Regards,
Shailesh Parikh
Vadodara, Gujarat
[Phone Number Removed For Privacy Reasons]