Once suspended and after receipt of memorandum of charges (within two months) and its reply (within 15 days of receipt of memorandum), why does the organization take time to revoke the suspension. Is it not, to harass a employee so that he looses his pay and allowances for the period till his suspension is revoked. Is there any rule that after handing over memorandum of charges, the employee should be reinstated immediately?
From India, Coimbatore
1From India, Coimbatore
After issuance of a Charge memo to the delinquent employee and disciplinary procedure can be initiated by Employer, entire process of enquiry and awarding punishment, can be done
within a reasonable period of time.
Supreme court has fixed six months' time for completion of the entire proceedings.
From India, Aizawl
within a reasonable period of time.
Supreme court has fixed six months' time for completion of the entire proceedings.
From India, Aizawl
Is the Employer (Disciplining Authority) regulary Paying the Subsistence Allowance to the Employee-Suspended Pending Inquiry?
Many Employers fail to realize that in the event the alleged Misconduct as stated in the Charge -Sheet/ Show Casue Notice/Explanation seking Letter , is / are Not Found Established/Proved after the Domestic Inquiry is concluded, Full Wages due during Period of Suspension Pending Inquiry shall have to be disbursed . Addidtionally, there is Lurking Risk that in case s/he sues the Employer for Wrongful Dischage/ Wrongdoing, the Judiciary may Award Harsher Penalties for Arbitrary & Perverse Action as the trend indicates.
No doubt Employers have prerogative/Privildge to take Discilinary Action but Laws of our Land
ensure whenever taken up, that the Priviledges are exercised with Due Discretion and Judiciously
Employers are better Advised to Opt for Fair, Just & Proper Dealings with Work, Workr *& Workplace Discipline and shun Arbitrariness and or Arrogance for thier GoodWill & Reputation are also at stake. Sataymev Jayatey
Harsh K Sharan, Kritarth Consulting Team
Bengaluru ServiceCentre, 17.7.2020
From India, Delhi
Many Employers fail to realize that in the event the alleged Misconduct as stated in the Charge -Sheet/ Show Casue Notice/Explanation seking Letter , is / are Not Found Established/Proved after the Domestic Inquiry is concluded, Full Wages due during Period of Suspension Pending Inquiry shall have to be disbursed . Addidtionally, there is Lurking Risk that in case s/he sues the Employer for Wrongful Dischage/ Wrongdoing, the Judiciary may Award Harsher Penalties for Arbitrary & Perverse Action as the trend indicates.
No doubt Employers have prerogative/Privildge to take Discilinary Action but Laws of our Land
ensure whenever taken up, that the Priviledges are exercised with Due Discretion and Judiciously
Employers are better Advised to Opt for Fair, Just & Proper Dealings with Work, Workr *& Workplace Discipline and shun Arbitrariness and or Arrogance for thier GoodWill & Reputation are also at stake. Sataymev Jayatey
Harsh K Sharan, Kritarth Consulting Team
Bengaluru ServiceCentre, 17.7.2020
From India, Delhi
Dear colleague,
The domestic enquiry post chargesheet has to be finished within reasonable period but within six months and the chargesheeted employee can be kept under suspension till that period by paying him applicable rate of subsistence allowance.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
The domestic enquiry post chargesheet has to be finished within reasonable period but within six months and the chargesheeted employee can be kept under suspension till that period by paying him applicable rate of subsistence allowance.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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.
Increment during suspension period.PDF
Prolonged Suspension of the employee.docx