If an employee is kept under suspension for 90 days or beyond, does it mean that the company has the right to terminate the employee, considering that he has not been attending the job for more than 3 months?
Amit Chaudhury, Kolkata
From India, Chennai
Acknowledge(0)
Amend(0)
Amit Chaudhury, Kolkata
From India, Chennai
Acknowledge(0)Amend(0)
Dear Amit,
Can you please explain how the right to terminate the services of one of his employees who has been placed under suspension beyond 90 days accrue to an employer by the mere efflux of time? Can you please quote the authority also in this connection?
From India, Salem
Acknowledge(0)Amend(0)
6108Can you please explain how the right to terminate the services of one of his employees who has been placed under suspension beyond 90 days accrue to an employer by the mere efflux of time? Can you please quote the authority also in this connection?
From India, Salem
Acknowledge(0)Amend(0)
Suspension Order at the behest of an employer is a mere temporary/provisional act of keeping the said suspended employee out of the workplace and is in no way to be construed as a final decision. Absence from duty due to suspension is not unauthorized absence from duty and not, therefore, an act of misconduct. Hence, it does not mean that the employer has the right to terminate the suspended employee, terming it unauthorized absence from duty, for any period of time.
An employed person is suspended pending an inquiry as a measure of disciplinary action step and as per the provisions of service rules or the standing orders and not as an arbitrary act. During the suspension period, a subsistence allowance is payable/paid, and once a final decision is taken by the disciplinary authority, the suspension is revoked.
Any other interpretation is unlawful, immoral, unethical, condemnable, and such a brazen unlawful act surely leads to reversal with back wages by the judiciary.
STOP at that, Guidance-Seeker.
Kritarth Team
23.7.19
From India, Delhi
Acknowledge(0)Amend(0)
An employed person is suspended pending an inquiry as a measure of disciplinary action step and as per the provisions of service rules or the standing orders and not as an arbitrary act. During the suspension period, a subsistence allowance is payable/paid, and once a final decision is taken by the disciplinary authority, the suspension is revoked.
Any other interpretation is unlawful, immoral, unethical, condemnable, and such a brazen unlawful act surely leads to reversal with back wages by the judiciary.
STOP at that, Guidance-Seeker.
Kritarth Team
23.7.19
From India, Delhi
Acknowledge(0)Amend(0)
Dear colleague,
You need to understand that the act of placing an employee under suspension as part of disciplinary action is at the behest of the employer and not a choice made by the employee. Besides, the suspended employee is entitled to a subsistence allowance as per law during suspension.
By any stretch of imagination, therefore, to think that such a suspension period of three months as absence from duty amounting to misconduct and on a stand-alone basis merits discharge/dismissal is farfetched and is nothing short of wishful thinking, which does not hold any water.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
You need to understand that the act of placing an employee under suspension as part of disciplinary action is at the behest of the employer and not a choice made by the employee. Besides, the suspended employee is entitled to a subsistence allowance as per law during suspension.
By any stretch of imagination, therefore, to think that such a suspension period of three months as absence from duty amounting to misconduct and on a stand-alone basis merits discharge/dismissal is farfetched and is nothing short of wishful thinking, which does not hold any water.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Prolonged Suspension of the employee.docx
Employee Termination during covid 19.pdf