Hi Can anyone make me to understand the process of suspension of an employee and also, Termination. Thank you.
From India, Hyderabad
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From India, Hyderabad
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Types of Suspensions
There are two types of suspensions. One is suspension from services as a punishment. Secondly, it is suspension pending inquiry. During suspension pending inquiry, the employee will be entitled to subsistence allowance, which is defined in the Standing Orders.
Process of Inquiry in Brief
1. Charge-sheet
2. Notice of Inquiry
3. Inquiry (keeping in view the principles of natural justice)
4. Findings of the Inquiry Officer
5. Show-cause notice based on Inquiry Findings and punishment proposed
6. Letter of Punishment (suspension, termination, etc.)
Regards,
Preetam Deshpande
From India, Mumbai
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133There are two types of suspensions. One is suspension from services as a punishment. Secondly, it is suspension pending inquiry. During suspension pending inquiry, the employee will be entitled to subsistence allowance, which is defined in the Standing Orders.
Process of Inquiry in Brief
1. Charge-sheet
2. Notice of Inquiry
3. Inquiry (keeping in view the principles of natural justice)
4. Findings of the Inquiry Officer
5. Show-cause notice based on Inquiry Findings and punishment proposed
6. Letter of Punishment (suspension, termination, etc.)
Regards,
Preetam Deshpande
From India, Mumbai
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Mr. Deshpande has provided all the necessary details. However, I am adding a few additional points:
1. Complaint letter from the concerned party describing the incident.
2. Preliminary investigation followed by a decision to proceed with disciplinary action.
3. Preparation of the charge sheet.
4. Serving of the charge sheet/show cause notice.
5. Obtaining a written reply from the employee.
6. Assessing the reply and informing the employee that the response is unsatisfactory, thus initiating an inquiry.
7. Appointment of an Inquiry Officer.
8. Informing the employee about the appointment of the Inquiry Officer and providing the first date.
9. Allowing the Inquiry Officer to complete the inquiry.
10. Granting the employee an opportunity to be represented by a coworker or, if the Standing Order permits, a Union Representative.
11. Providing reasonable opportunities for producing witnesses and cross-examining Management's witnesses.
12. Submission of the Inquiry Officer's report.
13. Reviewing the report and having the authority to issue a speaking order after confirming agreement with the findings and imposing a punishment.
14. Normal punishments such as suspension or warnings may not require a second show cause notice. However, in the case of dismissal, a second show cause notice specifying the punishment must be issued.
15. The punishment, especially in cases of dismissal, should be provided in writing after receiving the employee's reply.
From India, Chennai
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1. Complaint letter from the concerned party describing the incident.
2. Preliminary investigation followed by a decision to proceed with disciplinary action.
3. Preparation of the charge sheet.
4. Serving of the charge sheet/show cause notice.
5. Obtaining a written reply from the employee.
6. Assessing the reply and informing the employee that the response is unsatisfactory, thus initiating an inquiry.
7. Appointment of an Inquiry Officer.
8. Informing the employee about the appointment of the Inquiry Officer and providing the first date.
9. Allowing the Inquiry Officer to complete the inquiry.
10. Granting the employee an opportunity to be represented by a coworker or, if the Standing Order permits, a Union Representative.
11. Providing reasonable opportunities for producing witnesses and cross-examining Management's witnesses.
12. Submission of the Inquiry Officer's report.
13. Reviewing the report and having the authority to issue a speaking order after confirming agreement with the findings and imposing a punishment.
14. Normal punishments such as suspension or warnings may not require a second show cause notice. However, in the case of dismissal, a second show cause notice specifying the punishment must be issued.
15. The punishment, especially in cases of dismissal, should be provided in writing after receiving the employee's reply.
From India, Chennai
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