Your intentions are understood that a 'habitual late comer' has to be punished for the 'indiscipline' with a punishment of 'suspension' If so first thing is to check your Standing order or Conduct and Discipline Rule applicable to such kind of personnel and find what it says about such cases and how to handle it. If there is no such a SO or a Rule in vogue in your Estt. it would be prudent to bring-in operation properly draft Rules in your HR policy. Then the SO or Rule itself will tell you what to do. Generally any indiscipline should be dealt with by giving enough opportunity to the accused to defend them against charges to be framed on the alleged indiscipline. If you have your HR personnel in position they'll know how a domestic inquiry should be initiated and how to proceed thereafter. Therefore assuming all what is required is available in your estt. The first thing to do is to initiate a formal 'domestic inquiry', issue show cause notice, obtain explanation and proceed based on the outcome based on the evidences & records available to you. You, any Competent Authority can suspend any accused pending inquiry for a period as provided for in your HR policy. But such a suspension would give a right to the concerned for 'subsistence allow.' during the suspension. Whereas your query is not sounding so as you are contemplating substituting adjustment of EL/PL against the suspension period which both does not go together.
Even if the inquiry findings slaps Demotion or Reduction in salary on an erring employee it should backed by a properly conducted 'domestic inquiry' only. There is other legal route to punish an errant outside a 'domestic inquiry' procedure. Any short cut method is not workable.
From India, Bangalore
1073Even if the inquiry findings slaps Demotion or Reduction in salary on an erring employee it should backed by a properly conducted 'domestic inquiry' only. There is other legal route to punish an errant outside a 'domestic inquiry' procedure. Any short cut method is not workable.
From India, Bangalore
Dear Mr Nitin
Your Queries :- If An Employee Who Is Not Working Well And The Employer Wants To Suspend Him For One Week So Can Employer Suspend Him Or Not? If Employer Suspend Him And Employee Has A Balance Leave So At The Time Of Salary Preparation Can We Adjust Their Leave Against Suspension Period AND If We Demote To An Employee So Can We Decrease Their Salary Or Not? Please Reply..........
Answer:- The Employer / the Punishing Authority can issue Suspension-Pending Inquiry Order as prescribed in the SO or the Service Rules for grave act of Misconduct and thereafter on the conclusion of the Inquiry held as per Procedures issue Punishment Order.
In other cases of alleged Misconduct, better issue Charge-Sheet or Explanation Letter, get the Explanation Hold a Proper Inquiry and then issue Punishment Order based on the Findings.
During Suspension Pending Inquiry , the Employer has to pay Subsistence Allowance. In case the Suspension is a Punishment Order after Inquiry Findings, the Suspended Employee is not paid her/his wages/salary as that is a Punishment.
Employer can exercise his/her prerogative to Demote the concerned Employee and in that event, the Employee shall receive the Wages/Salary applicable to the Demoted Post.
Employee's Un-availed Leave can not be set off against /in lieu of the Suspension period.
Please advice in case you require any other assistance.
Kritarth Team
info@kritarth.in 91 9560453756
27.6.15
From India, Delhi
Your Queries :- If An Employee Who Is Not Working Well And The Employer Wants To Suspend Him For One Week So Can Employer Suspend Him Or Not? If Employer Suspend Him And Employee Has A Balance Leave So At The Time Of Salary Preparation Can We Adjust Their Leave Against Suspension Period AND If We Demote To An Employee So Can We Decrease Their Salary Or Not? Please Reply..........
Answer:- The Employer / the Punishing Authority can issue Suspension-Pending Inquiry Order as prescribed in the SO or the Service Rules for grave act of Misconduct and thereafter on the conclusion of the Inquiry held as per Procedures issue Punishment Order.
In other cases of alleged Misconduct, better issue Charge-Sheet or Explanation Letter, get the Explanation Hold a Proper Inquiry and then issue Punishment Order based on the Findings.
During Suspension Pending Inquiry , the Employer has to pay Subsistence Allowance. In case the Suspension is a Punishment Order after Inquiry Findings, the Suspended Employee is not paid her/his wages/salary as that is a Punishment.
Employer can exercise his/her prerogative to Demote the concerned Employee and in that event, the Employee shall receive the Wages/Salary applicable to the Demoted Post.
Employee's Un-availed Leave can not be set off against /in lieu of the Suspension period.
Please advice in case you require any other assistance.
Kritarth Team
info@kritarth.in 91 9560453756
27.6.15
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Prolonged Suspension of the employee.docx