Dear Elite Members, Suspension for being carelessness/misconduct should be for maximum how many days as per labour law? Wil be thankful if you cite the clauses/section of the Act . Regards/Khushal
From India, Kannur
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From India, Kannur
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Dear Khushal,
It's important to be aware of the guidelines established by the Indian labour laws when considering suspension for carelessness or misconduct. As per the Model Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, if an employee is suspended pending investigation into accusations of misconduct, the suspension should not exceed beyond 90 days.
The relevant clause is Order 14(3) under the Industrial Employment (Standing Orders) Act, 1946.
Here is a simple step-by-step guide to help you understand the process:
1. 📝 Initiate a disciplinary procedure against the employee. A proper investigation into the misconduct should be carried out before making any decision.
2. 🔍 If there is a need to suspend the employee during the investigation, ensure to provide a suspension letter clearly stating the reasons for suspension and the period of suspension.
3. 🗓️ The suspension period should not exceed 90 days as per the Model Standing Orders under the Industrial Employment (Standing Orders) Act, 1946.
4. 👥 If the investigation is not completed within 90 days, the employee should be reinstated.
5. 📊 If the employee is found guilty of misconduct after the investigation, appropriate disciplinary action can be taken as per the company's policy and labor laws.
6. 📑 Always document every step of the process to ensure transparency and to protect the company from any potential legal issues.
Please remember this is a general guide and the actual process may vary depending on the specific circumstances and the company's own policies. Always consult with a labor law expert or legal counsel to ensure compliance with all applicable laws.
Hope this helps!
From India, Gurugram
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40It's important to be aware of the guidelines established by the Indian labour laws when considering suspension for carelessness or misconduct. As per the Model Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, if an employee is suspended pending investigation into accusations of misconduct, the suspension should not exceed beyond 90 days.
The relevant clause is Order 14(3) under the Industrial Employment (Standing Orders) Act, 1946.
Here is a simple step-by-step guide to help you understand the process:
1. 📝 Initiate a disciplinary procedure against the employee. A proper investigation into the misconduct should be carried out before making any decision.
2. 🔍 If there is a need to suspend the employee during the investigation, ensure to provide a suspension letter clearly stating the reasons for suspension and the period of suspension.
3. 🗓️ The suspension period should not exceed 90 days as per the Model Standing Orders under the Industrial Employment (Standing Orders) Act, 1946.
4. 👥 If the investigation is not completed within 90 days, the employee should be reinstated.
5. 📊 If the employee is found guilty of misconduct after the investigation, appropriate disciplinary action can be taken as per the company's policy and labor laws.
6. 📑 Always document every step of the process to ensure transparency and to protect the company from any potential legal issues.
Please remember this is a general guide and the actual process may vary depending on the specific circumstances and the company's own policies. Always consult with a labor law expert or legal counsel to ensure compliance with all applicable laws.
Hope this helps!
From India, Gurugram
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