Disciplinary Actions - Sharing for my HR friends :)
From India, Pune
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boss2966
1189

The presentation you have shared is truly praiseworthy, and we need to understand the procedures and all the provisions available in disciplinary proceedings. Normally, the suspension period entitles one to 50% of their salary, but you have mentioned suspension without pay.

Thank you for sharing, and please continue sharing.

Regards.

From India, Kumbakonam
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Dear Sacheen,

The presentation you have shared is truly praiseworthy, and we need to understand the procedures and all the provisions available in disciplinary proceedings. Normally, the suspension period entitles the employee to 50% of their salary, but you mentioned suspension without pay.

Thanks for sharing and please continue to do so.

I agree with Mr. Bhasker. If the suspension period is below six months, the employee is entitled to 50% of their salary. If it exceeds six months but is less than one year, then the employee will receive 75% of their salary. Beyond one year of suspension, the employee will receive their full salary.

Thanks and regards,
Sanagapalli

From India, Hyderabad
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In your post which started this thread, you have not referred to the procedure to be adopted for imposing a punishment on an individual. The "suspension without pay," "reduction in pay within a class," "demotion to a lower classification," and "dismissal" mentioned in your presentation are the final orders that might be passed at the end of the disciplinary process. Your presentation does not indicate the exact procedure to be followed before imposing a punishment.

For example, and for your information, a worker to whom the Industrial Employment (Standing Orders) Act applies cannot be punished for an act or omission which is not listed as misconduct in the standing orders applicable to him. Moreover, the punishment could be only one of those specified in the certified standing orders applicable to the individual, and if the standing orders are not yet certified, the Model Standing Orders have to be followed. This is the decision of the Honourable Supreme Court of India. Usually, certified standing orders/model standing orders specify the maximum number of days a worker could be punished with "suspension without pay." If your presentation is more comprehensive, it would be of very great help to all.

With regards,

From India, Madras
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Dear Mr. Bhaskar and Mr. Sanagapalli, the "suspension without pay" referred to by Mr. Sacheein is the final punishment that could be imposed on the delinquent worker. The suspension referred to by you is suspension pending enquiry. In the case of "suspension pending enquiry," the worker is entitled, as pointed out by you, to a subsistence allowance at the rates applicable.

Regards

From India, Madras
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boss2966
1189

The suspension is normally like preventive arrest. If the company allows the employee to continue their regular work once they have committed an offense, there are chances of destroying the evidence against them. That's the reason why suspension is implemented. If the final verdict given by the Committee/Board is suspension for a specific period, then it can be without salary. For further clarity, the Committee/Board may also recommend suspension without pay and allowances or with half pay (Subsistence Allowance).

Thank you for providing more clarification, Mr. V. Harikrishnan, and for continuing to impart knowledge to us.

Regards

From India, Kumbakonam
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Hi, this is Vijay from Lanco Industries Limited near Tirupathi. Could you please send me the disciplinary proceedings and letter formats on labor issues?

Regards,
Vijayakrishna,
Executive HR, Lanco Industries Limited, Srikalahasti.

From India, Bangalore
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Hi,

I am HR from Corporate Hospital. One of our employees was terminated on disciplinary grounds, but she didn't sign the termination letter and walked off. Please advise on what HR should do in this case. Can we send a termination letter to her email?

Thank you.

From India, Ambala
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