Employee Suspension Dilemma: How to Legally Handle Refusal and Union Influence?

Handling Employee Suspension and Legal Compliance

We are about to issue a suspension order for an employee who has been consistently involved in specification errors. He has received a warning letter multiple times for the same issue, leading to significant financial losses and damage to our reputation with valuable customers. Despite these warnings, he has not shown any improvement in his work attitude. After careful consideration, the management has decided to suspend him from service for 3 days.

My question for professionals is how to proceed legally if he refuses to accept or comply with the suspension order, especially considering that our employees are influenced by an unrecognized union.

Warm Regards,
Madan

Serving Notices and Orders: A Comprehensive Guide

The method of serving notices/orders is extensively explained in various "IR" related books under the section of "Holding Domestic Enquiry."

In your case, the issue pertains to your assumption regarding whether the concerned employee will accept or reject the suspension order.

Please draft the suspension order on your company letterhead, duly signed by the competent authority, and deliver the original letter to the employee. Request acknowledgment of the duplicate copy of the letter, which you should retain for your records. Serve the notice in the presence of the department manager/supervisor and a representative from the HR or Legal department. If the individual refuses to accept the communication, note this on the letter, obtain signatures from two witnesses, and document it in the employee's personal file. Additionally, dispatch a copy of the letter via UPC and Registered Post Acknowledgement Due to the employee's permanent and last known present addresses. Post another copy on the company's notice board. Also, provide a copy to the Main Security gate of the company and instruct security not to allow the person entry into the factory/establishment.

This is the recommended approach for handling the situation.

Thanks,

R K Nair

The procedure for suspension from services as a punishment should be based on the findings of the enquiry officer. First, issue the charge sheet, and then order a domestic enquiry to prove the charges by giving the individual a chance to defend their case and receive the findings of the EO. After that, the management can decide on the gravity of the suspension.

Before suspending a person, issue a show-cause notice requesting their explanation. If they fail to submit a satisfactory explanation, then a suspension order can be issued. Assumption of acceptance is not a matter. The procedure of issuing a suspension order is well explained by Mr. R.K. Nair in his letter, in the third paragraph, and should be followed accordingly.

Please ensure that any actions taken against employees are within the laws.

I hope this clarifies the process for you.

Regards,
Adoni Suguresh
Sr. Executive (Pers & Adm)
Rtd Labour Laws Consultant

Suspension Procedures for Employees

Any worker can be suspended pending an inquiry if their presence in the company is likely to cause any damage to the company, business, officers, or coworkers.

However, you must specify the charges and correlate them with the misconducts outlined in the model standing orders or your certified standing orders. At the conclusion, you can state, "Since your continuing presence in the company is likely to cause damage to the company, business, officers, or coworkers, choose one charge related to the allegations and suspend the worker."

Remember to deactivate their attendance card.

Contrary to what our colleagues have suggested, serving the chargesheet in the presence of witnesses may not be necessary. If the worker does not receive the chargesheet, it will constitute another misconduct, leading to further disciplinary action.

If the worker declines to accept the chargesheet, simply make an endorsement below it stating, "You were served this chargesheet on (date) at (time) by (name of the officer), but you refused to receive it. Hence, it is being sent via RPAD."

RPAD stands for Registered Post with Acknowledgement Due.

Suspension Orders and Legal Considerations

If such suspension orders from services, which may lead to ultimate termination, and the employee concerned challenges such a decision of the employer in court, it is suggested to produce proof of dispatch by postal authorities rather than a courier agent. These are well-accepted documents in a court of law.

It is also agreed that in the current era, communication by email shall also be treated as documents by the court.

Thanks

R K Nair

Refusal of any charge sheet, show-cause notice, suspension orders, etc., by an employee leads to another misconduct. Such a refusal should be supported by two witnesses, which is a must and will serve as documentary proof for such refusal. This evidence will be crucial not only in the domestic inquiry process but also in the labor court if the delinquent challenges the orders in a court of law.

Regards,
Adoni Suguresh
Sr. Executive (Personnel and Administration)
Labor Laws Consultant

A worker refused to accept a show cause letter once during an oral discussion and twice by post. What should be the further action or proceeding for the same? Please guide.

Dear Mr. Madan,

In case you have issued the show cause notice and called for an explanation from the employee, and upon being satisfied that he is guilty of the error, if you feel that a 3-day suspension as per the standing orders will suffice, you can issue him the suspension letter. If he accepts it, well and good; otherwise, offer it in the presence of two witnesses. After he declines to accept it, have the two witnesses endorse the copy of the suspension letter, which you can subsequently send by registered post with acknowledgment due to his address on record.

In the meantime, provide a copy of the suspension letter to the security guard, instructing him that the employee has been punished for misconduct and should not be allowed entry into the premises.

Regards

If you feel that the employee may not accept the suspension order, please mention in the order that the suspension will take effect only after he accepts it. If he refuses when issued in the presence of two witnesses, make an endorsement in the order, take the signatures of the witnesses, and display a copy of the order on the notice board, if your standing order has such a provision.

In case he reports for duty the next day, issue the order once again at the gate itself, informing him that he has to accept the suspension order and that he cannot be allowed to work. If the employee still refuses to receive the order, do not allow him inside, treat him as absent for duty, and send a separate charge sheet by RPAD to his residential address after waiting for some days for his unauthorized absence.

Please arrange separate enquiries by an independent Enquiry Officer for the misconducts for which it has been decided to suspend him and for his unauthorized absence. If necessary, you may have to arrange the inquiry outside the factory premises. Upon completion of the inquiries, you can decide on the punishment.

Regards

Dear Sir/Madam,

Greetings for the day.

If an employee is not willing to accept a suspension order, you should send the same to him/her by registered post with an acknowledgment letter to his/her correspondence and permanent address. Subsequently, post the same on your official noticeboard witnessed by two employees and security personnel.

Thanks and regards,

From,
Sumit Kumar Saxena

Dear HR Fraternity,

I have gone through this thread carefully. "How To Proceed - An Employee Refuses To Accept/Obey Suspension Order" is the title of the thread. The querist's emphasis is on how to proceed legally if he fails to accept/obey the suspension order. However, no one focused on the 3-day suspension order, which the querist intends to issue, whether it is legally valid or not, except Mr. Adoni Suguresh. Unfortunately, there is no single appreciation for him.

Suspension Guidelines

Suspension for not more than 4 days or not more than the days as mentioned in the respective State IE(SO) Law is necessarily a punishment consequent to Enquiry Findings only, which cannot be imposed without holding a domestic enquiry or without following the rule of natural justice.