Dear Sirs,
Refusal of any chargesheet, show-cause notice, suspension orders, etc., by an employee leads to another misconduct. Such a refusal should be supported by two witnesses, which is a must and will serve as documentary proof for such refusal. This evidence will be crucial not only in the domestic inquiry process but also in the labor court if the delinquent challenges the orders in a court of law.
Adoni Suguresh Sr. Executive (Personnel and Administration) Labor Laws Consultant
From India, Bidar
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152Refusal of any chargesheet, show-cause notice, suspension orders, etc., by an employee leads to another misconduct. Such a refusal should be supported by two witnesses, which is a must and will serve as documentary proof for such refusal. This evidence will be crucial not only in the domestic inquiry process but also in the labor court if the delinquent challenges the orders in a court of law.
Adoni Suguresh Sr. Executive (Personnel and Administration) Labor Laws Consultant
From India, Bidar
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A worker refused to accept show cause letter once by oral discussion & twice by post, So what should be the further action/proceeding for the same.? Pls guide
From India, Aurangabad
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From India, Aurangabad
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Dear Mr. Madan,
In case you have issued the show cause notice and called for an explanation from the employee, and upon being satisfied that he is guilty of the error, if you feel that a 3-day suspension as per the standing orders will suffice, you can issue him the suspension letter. If he accepts it, well and good; otherwise, offer it in the presence of two witnesses. After he declines to accept it, have the two witnesses endorse the copy of the suspension letter, which you can subsequently send by registered post with acknowledgment due to his address on record.
In the meantime, provide a copy of the suspension letter to the security guard, instructing him that the employee has been punished for misconduct and should not be allowed entry into the premises.
From India, Pune
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In case you have issued the show cause notice and called for an explanation from the employee, and upon being satisfied that he is guilty of the error, if you feel that a 3-day suspension as per the standing orders will suffice, you can issue him the suspension letter. If he accepts it, well and good; otherwise, offer it in the presence of two witnesses. After he declines to accept it, have the two witnesses endorse the copy of the suspension letter, which you can subsequently send by registered post with acknowledgment due to his address on record.
In the meantime, provide a copy of the suspension letter to the security guard, instructing him that the employee has been punished for misconduct and should not be allowed entry into the premises.
From India, Pune
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Dear Mr. Madan,
If you feel that the employee may not accept the suspension order, please mention in the order that the suspension will take effect only after he accepts it. If he refuses when issued in the presence of two witnesses, make an endorsement in the order, take the signatures of the witnesses, and display a copy of the order on the notice board, if your standing order has such a provision.
In case he reports for duty the next day, issue the order once again at the gate itself, informing him that he has to accept the suspension order and that he cannot be allowed to work. If the employee still refuses to receive the order, do not allow him inside, treat him as absent for duty, and send a separate charge sheet by RPAD to his residential address after waiting for some days for his unauthorized absence.
Please arrange separate enquiries by an independent Enquiry Officer for the misconducts for which it has been decided to suspend him and for his unauthorized absence. If necessary, you may have to arrange the inquiry outside the factory premises. Upon completion of the inquiries, you can decide on the punishment.
Regards,
N. Nataraajhan
Sakthi Management Services
HP: +91 94835 17402
Email: natraj@sakthimanagement.com
From India, Bangalore
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If you feel that the employee may not accept the suspension order, please mention in the order that the suspension will take effect only after he accepts it. If he refuses when issued in the presence of two witnesses, make an endorsement in the order, take the signatures of the witnesses, and display a copy of the order on the notice board, if your standing order has such a provision.
In case he reports for duty the next day, issue the order once again at the gate itself, informing him that he has to accept the suspension order and that he cannot be allowed to work. If the employee still refuses to receive the order, do not allow him inside, treat him as absent for duty, and send a separate charge sheet by RPAD to his residential address after waiting for some days for his unauthorized absence.
Please arrange separate enquiries by an independent Enquiry Officer for the misconducts for which it has been decided to suspend him and for his unauthorized absence. If necessary, you may have to arrange the inquiry outside the factory premises. Upon completion of the inquiries, you can decide on the punishment.
Regards,
N. Nataraajhan
Sakthi Management Services
HP: +91 94835 17402
Email: natraj@sakthimanagement.com
From India, Bangalore
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Dear Sir/Madam,
Greetings for the day.
If an employee is not willing to accept a suspension order, you should send the same to him/her by registered post with an acknowledgment letter to his/her correspondence and permanent address. Subsequently, post the same on your official noticeboard witnessed by two employees and security personnel.
Thanks and regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
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Greetings for the day.
If an employee is not willing to accept a suspension order, you should send the same to him/her by registered post with an acknowledgment letter to his/her correspondence and permanent address. Subsequently, post the same on your official noticeboard witnessed by two employees and security personnel.
Thanks and regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
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Dear HR Fraternity,
I have gone through this thread carefully. "How To Proceed - An Employee Refuses To Accept/Obey Suspension Order" is the title of the thread. The queriest's emphasis is on how to proceed legally if he fails to accept/obey the suspension order. However, no one focused on the 3-day suspension order, which the queriest intends to issue, whether it is legally valid or not, except Mr. Adoni Suguresh. Unfortunately, there is no single appreciation for him.
Suspension for not more than 4 days or not more than the days as mentioned in the respective State IE(SO) Law is necessarily a punishment consequent to Enquiry Findings only, which cannot be imposed without holding a domestic enquiry or without following the rule of natural justice.
From India, Mumbai
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I have gone through this thread carefully. "How To Proceed - An Employee Refuses To Accept/Obey Suspension Order" is the title of the thread. The queriest's emphasis is on how to proceed legally if he fails to accept/obey the suspension order. However, no one focused on the 3-day suspension order, which the queriest intends to issue, whether it is legally valid or not, except Mr. Adoni Suguresh. Unfortunately, there is no single appreciation for him.
Suspension for not more than 4 days or not more than the days as mentioned in the respective State IE(SO) Law is necessarily a punishment consequent to Enquiry Findings only, which cannot be imposed without holding a domestic enquiry or without following the rule of natural justice.
From India, Mumbai
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