Dear seniors, I am an MBA student, and I am trying to develop the concept of suspension and inquiry procedures concerning grievances and disciplines in a company. Can anyone help me with this concept?
Thanks!
From India, Mysore
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Thanks!
From India, Mysore
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It appears that you want to understand the concept of suspension as a measure of imposing discipline and its ramifications on the rights and responsibilities of both the employer and the suspended employee.
Understanding Suspension in Employment
Suspension of an employee may be an initial step or a final consequence in any disciplinary proceedings in the sphere of employment. It implies the temporary debarment of an employee from attending to his duties for a specified period. In other words, suspension is the curtailment of the rights and privileges of a regular employee to attend to his duties for a specified period while the contract of his employment is in operation.
Normally, the employer derives the power to suspend his employee from the implied contract of employment or from the provisions of the Standing Orders or Rules of Discipline applicable as the case may be.
Types of Suspension
Suspension may be of two types:
1. Suspension pending inquiry either contemplated or ordered into against certain grave charges of misconduct or during the pendency of any investigation or trial against him for any criminal offense.
2. Punitive suspension as a measure of punishment against proven charges of misconduct.
Suspension Pending Inquiry
Suspension pending inquiry is regulated either by the Special Law, if applicable, or by the provisions of the Standing Orders certified under the Industrial Employment (Standing Orders) Act, 1946. Normally, during the period of suspension, the employee is entitled to a subsistence allowance without any deductions in lieu of his normal wages or salary. The period of suspension of an employee cannot be infinite, and the subsistence allowance payable is at the discretion of the employer. The maximum period a delinquent employee can be kept under suspension pending inquiry is 180 days only. It is the responsibility of the employer to dispose of the entire disciplinary proceedings expeditiously within a three-month timeframe, subject to extension for reasons to be recorded. The rate of subsistence allowance shall be at 50% of the normal monthly wages last payable to the employee immediately before his suspension for the first 90 days and beyond at 75% until the final orders are passed. Any lapse on the part of the employer in this regard will vitiate the entire disciplinary action. However, if any delay in the inquiry proceedings is caused by the workman, the subsistence allowance beyond 90 days will be reduced to 25%. In the case of suspension pending criminal proceedings by an outside agency or in court, the allowance shall be at 50% for the first 180 days and at 75% beyond 180 days.
The suspended employee is entitled to a subsistence allowance during the entire period of his suspension on the usual date of disbursement of his wages and is prohibited from employment elsewhere during suspension. On passing of final orders other than dismissal, he is entitled to full wages minus the subsistence allowance already received by him for the entire period of suspension.
Punitive Suspension
In the case of punitive suspension, its duration shall be restricted to the maximum number of days mentioned in the standing orders, but the subsistence allowance paid cannot be recovered.
Regards
From India, Salem
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6108Understanding Suspension in Employment
Suspension of an employee may be an initial step or a final consequence in any disciplinary proceedings in the sphere of employment. It implies the temporary debarment of an employee from attending to his duties for a specified period. In other words, suspension is the curtailment of the rights and privileges of a regular employee to attend to his duties for a specified period while the contract of his employment is in operation.
Normally, the employer derives the power to suspend his employee from the implied contract of employment or from the provisions of the Standing Orders or Rules of Discipline applicable as the case may be.
Types of Suspension
Suspension may be of two types:
1. Suspension pending inquiry either contemplated or ordered into against certain grave charges of misconduct or during the pendency of any investigation or trial against him for any criminal offense.
2. Punitive suspension as a measure of punishment against proven charges of misconduct.
Suspension Pending Inquiry
Suspension pending inquiry is regulated either by the Special Law, if applicable, or by the provisions of the Standing Orders certified under the Industrial Employment (Standing Orders) Act, 1946. Normally, during the period of suspension, the employee is entitled to a subsistence allowance without any deductions in lieu of his normal wages or salary. The period of suspension of an employee cannot be infinite, and the subsistence allowance payable is at the discretion of the employer. The maximum period a delinquent employee can be kept under suspension pending inquiry is 180 days only. It is the responsibility of the employer to dispose of the entire disciplinary proceedings expeditiously within a three-month timeframe, subject to extension for reasons to be recorded. The rate of subsistence allowance shall be at 50% of the normal monthly wages last payable to the employee immediately before his suspension for the first 90 days and beyond at 75% until the final orders are passed. Any lapse on the part of the employer in this regard will vitiate the entire disciplinary action. However, if any delay in the inquiry proceedings is caused by the workman, the subsistence allowance beyond 90 days will be reduced to 25%. In the case of suspension pending criminal proceedings by an outside agency or in court, the allowance shall be at 50% for the first 180 days and at 75% beyond 180 days.
The suspended employee is entitled to a subsistence allowance during the entire period of his suspension on the usual date of disbursement of his wages and is prohibited from employment elsewhere during suspension. On passing of final orders other than dismissal, he is entitled to full wages minus the subsistence allowance already received by him for the entire period of suspension.
Punitive Suspension
In the case of punitive suspension, its duration shall be restricted to the maximum number of days mentioned in the standing orders, but the subsistence allowance paid cannot be recovered.
Regards
From India, Salem
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc