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 to date. 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 advice!!
Catherine
From Kenya
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1I 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 to date. 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 advice!!
Catherine
From Kenya
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Hi Cathy,
Greetings, and great to see your email.
As far as legal implications in India are concerned, you cannot suspend a workman without holding a domestic inquiry. Yes, you can suspend him pending inquiry, but it is essential to complete the domestic inquiry as soon as possible to establish the misconduct and to give the workman a fair chance to defend 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 clearly defined. Once these are in place, you can follow them while dealing with disciplinary actions. Please find out what similar industries in your region are following. If you would like me to send a draft of service rules or standing orders for your future use, I would be glad to do so.
One more thing, if you suspend a workman after concluding the domestic inquiry and if he is found guilty during the course of the inquiry, you can award the punishment of suspension for not more than 8 days (depending on standing orders or service rules) with full salary. After that, you have to pay subsistence allowance as per the rules.
I hope this is clear, and if you require any clarifications, please let me know.
Best Regards,
PRADEEP
From India, Hyderabad
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Greetings, and great to see your email.
As far as legal implications in India are concerned, you cannot suspend a workman without holding a domestic inquiry. Yes, you can suspend him pending inquiry, but it is essential to complete the domestic inquiry as soon as possible to establish the misconduct and to give the workman a fair chance to defend 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 clearly defined. Once these are in place, you can follow them while dealing with disciplinary actions. Please find out what similar industries in your region are following. If you would like me to send a draft of service rules or standing orders for your future use, I would be glad to do so.
One more thing, if you suspend a workman after concluding the domestic inquiry and if he is found guilty during the course of the inquiry, you can award the punishment of suspension for not more than 8 days (depending on standing orders or service rules) with full salary. After that, you have to pay subsistence allowance as per the rules.
I hope this is clear, and if you require any clarifications, please let me know.
Best Regards,
PRADEEP
From India, Hyderabad
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Not taking into consideration the size of your organization, what you are referring to, that is suspending 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 it tough for future recruitments who can potentially be in the circle of the suspended. Take care of the legal obligations also so that you'll have done better to make your company pay to that suspended employee.
From India
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From India
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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!!!! :)
From Kenya
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From Kenya
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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 on being paid for the months he has been on suspension, they will prosecute him.
Regards,
Catherine
From Kenya
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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 on being paid for the months he has been on suspension, they will prosecute him.
Regards,
Catherine
From Kenya
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Dear Catherine,
The concept of paying a subsistence allowance is based on the principle in India, which states that nobody is guilty unless proven. Furthermore, if the employee goes to court and is acquitted of all charges, then you are required to pay the full salaries for the months he was in suspension. I recommend referring to the labor laws of Kenya for more information on this matter.
Regards,
SC
From India, Thane
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The concept of paying a subsistence allowance is based on the principle in India, which states that nobody is guilty unless proven. Furthermore, if the employee goes to court and is acquitted of all charges, then you are required to pay the full salaries for the months he was in suspension. I recommend referring to the labor laws of Kenya for more information on this matter.
Regards,
SC
From India, Thane
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Dear All,
No punishment that affects the pay (i.e., loss of pay) can be awarded without going through a proper disciplinary proceeding. This is the legal position concerning labor in India.
Therefore, a verbal suspension order for any reason is invalid unless you are a daily-paid casual worker in India.
Kind Regards,
SC
From India, Thane
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No punishment that affects the pay (i.e., loss of pay) can be awarded without going through a proper disciplinary proceeding. This is the legal position concerning labor in India.
Therefore, a verbal suspension order for any reason is invalid unless you are a daily-paid casual worker in India.
Kind Regards,
SC
From India, Thane
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I am appalled that there is a company in Kenya that can keep an employee on suspension for such a long period. Under Kenyan labor 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
From Kenya, Nairobi
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Regards,
Simon Ngugi
From Kenya, Nairobi
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A Handbook on Employee Relations and Labour Laws in India.pdf
Labour laws.ppt
All the labour laws.doc