Dear Friends, Plz tell me the difference between suspension and termination. Is suspension is a punishment or not , and where is provisions about it ? Regards, Amit.
From India, Kanpur
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2From India, Kanpur
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Dear Amit,
As the name suggests, termination means the separation or severance of the employer-employee relationship. Normally, termination is initiated by the employer. When the same action occurs from the side of the employee, we refer to it as resignation.
Suspension can occur in two ways, each serving different purposes. Suspension is implemented pending a particular event or outcome.
In other words, if an employee has committed a serious misconduct such as making life threats to superiors, willfully damaging property, or engaging in sabotage, then in such circumstances, the employee may be suspended pending disciplinary action, which could ultimately lead to termination. Therefore, the employer has the right to suspend an employee in critical circumstances until a final decision is made. The suspended employee is entitled to a subsistence allowance during the suspension period. Additionally, if no action is decided upon, the employee is also entitled to all benefits, including full wages for the intervening period and continuity of service.
The other form of suspension is as a form of punishment. There are various types of punishments, such as a warning, fine, suspension for no more than 4 days, discharge, and dismissal, which is the most severe punishment. These punishments are in increasing order depending on the seriousness of the misconduct. The last three punishments are imposed only after a disciplinary inquiry is conducted, during which charges are established.
You can find a list of misconduct, punishments, and procedures in the Industrial Employment Standing Orders Act, which includes prescribed Model Standing Orders.
From India, Kolhapur
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As the name suggests, termination means the separation or severance of the employer-employee relationship. Normally, termination is initiated by the employer. When the same action occurs from the side of the employee, we refer to it as resignation.
Suspension can occur in two ways, each serving different purposes. Suspension is implemented pending a particular event or outcome.
In other words, if an employee has committed a serious misconduct such as making life threats to superiors, willfully damaging property, or engaging in sabotage, then in such circumstances, the employee may be suspended pending disciplinary action, which could ultimately lead to termination. Therefore, the employer has the right to suspend an employee in critical circumstances until a final decision is made. The suspended employee is entitled to a subsistence allowance during the suspension period. Additionally, if no action is decided upon, the employee is also entitled to all benefits, including full wages for the intervening period and continuity of service.
The other form of suspension is as a form of punishment. There are various types of punishments, such as a warning, fine, suspension for no more than 4 days, discharge, and dismissal, which is the most severe punishment. These punishments are in increasing order depending on the seriousness of the misconduct. The last three punishments are imposed only after a disciplinary inquiry is conducted, during which charges are established.
You can find a list of misconduct, punishments, and procedures in the Industrial Employment Standing Orders Act, which includes prescribed Model Standing Orders.
From India, Kolhapur
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Hello,
While I agree with points made by Adv. Kulkarni, permit me to state my take on this matter.
"Termination" and "Suspension" are two mutually exclusive issues.
Putting an end to the contract of employment, whether by the employer (as a result of disciplinary action or by superannuation in the natural course) or by an employee deciding to terminate the contract of employment (resignation, Voluntary Retirement, etc.), indicates the end of the "employer-employee" relationship between the employee and the employer.
"Suspension" can be either by way of punishment (and cannot be for more than FOUR days for one matter) as a response to some defined misconduct on the part of the employee. It does not put an end to the contract of employment or a break in service. It is just that the contract of employment is "suspended" and NOT terminated. Therefore, the employer-employee relationship continues. The other type of "suspension" is by way of an action to suspend the employee in response to defined misconduct pending investigation, procedural compliance, and the employer's final decision in the matter. The Law (Industrial Employment (S.O.) Act 1946) permits such an action but within stipulated parameters. This is NOT punishment contemplated under the act. It is resorted to only in cases of SERIOUS misconduct when the management considers the continued presence of the accused employee to be detrimental to evidence or a threat to the complaints and/or witnesses or to the plant and property of the organization. However, here also the employer-employee relationship is put in suspended animation but not by way of punishment. It is for these reasons suspension pending investigation, etc., has to be handled very carefully as otherwise it may be viewed as bias on the part of the employer and it could then vitiate/dilute the ultimate quantum of punishment in litigation if it leads to that!
Regards,
samvedan
October 28, 2013
From India, Pune
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While I agree with points made by Adv. Kulkarni, permit me to state my take on this matter.
"Termination" and "Suspension" are two mutually exclusive issues.
Putting an end to the contract of employment, whether by the employer (as a result of disciplinary action or by superannuation in the natural course) or by an employee deciding to terminate the contract of employment (resignation, Voluntary Retirement, etc.), indicates the end of the "employer-employee" relationship between the employee and the employer.
"Suspension" can be either by way of punishment (and cannot be for more than FOUR days for one matter) as a response to some defined misconduct on the part of the employee. It does not put an end to the contract of employment or a break in service. It is just that the contract of employment is "suspended" and NOT terminated. Therefore, the employer-employee relationship continues. The other type of "suspension" is by way of an action to suspend the employee in response to defined misconduct pending investigation, procedural compliance, and the employer's final decision in the matter. The Law (Industrial Employment (S.O.) Act 1946) permits such an action but within stipulated parameters. This is NOT punishment contemplated under the act. It is resorted to only in cases of SERIOUS misconduct when the management considers the continued presence of the accused employee to be detrimental to evidence or a threat to the complaints and/or witnesses or to the plant and property of the organization. However, here also the employer-employee relationship is put in suspended animation but not by way of punishment. It is for these reasons suspension pending investigation, etc., has to be handled very carefully as otherwise it may be viewed as bias on the part of the employer and it could then vitiate/dilute the ultimate quantum of punishment in litigation if it leads to that!
Regards,
samvedan
October 28, 2013
From India, Pune
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This is part of the post of Mr. Samvedan:
"Suspension" can be either by way of punishment (and cannot be for more than four days for one matter).
Attribution: https://www.citehr.com/474622-differ...#ixzz2j4nDcOq9
To my knowledge, there is no such ceiling as four days anywhere. In fact, the Model Standing Orders in most of the states have the ceiling as 30 days in case of punishment for one offense. It could either be 30 days or one month.
From India, Chennai
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"Suspension" can be either by way of punishment (and cannot be for more than four days for one matter).
Attribution: https://www.citehr.com/474622-differ...#ixzz2j4nDcOq9
To my knowledge, there is no such ceiling as four days anywhere. In fact, the Model Standing Orders in most of the states have the ceiling as 30 days in case of punishment for one offense. It could either be 30 days or one month.
From India, Chennai
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Hello,
Mr. T. Sivasankaran,
I maintain what I have said and reassert the same.
I wish you had not made a blanket comment on the issue you are not familiar with.
Model Standing Orders provided under the Bombay Industrial Employment (Standing Orders) Rules 1959 at Schedule I stipulate unequivocally at Clause 25 outlining various "punishments" under subclause 1(c). I quote, "Suspended by an order in writing signed by the Manager for a period not exceeding four days." Clause 25 starts by stating, "A workman guilty of misconduct may be..."
Further under Clause 25(5), and I quote again:
"A workman against whom any action is proposed to be taken under subclauses (b), (c), or (d) of Clause (1) may be suspended pending the inquiry or for the period, if any, allowed to him for giving his explanation. The order of suspension may take effect immediately on its communication to the workman."
For Maharashtra at least, I stand vindicated! I hope next time more care and caution would be exercised before becoming judgmental!
Personally, I refrain from commenting on areas that I am not equipped to comment on!
Regards,
Samvedan
October 29, 2013
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From India, Pune
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Mr. T. Sivasankaran,
I maintain what I have said and reassert the same.
I wish you had not made a blanket comment on the issue you are not familiar with.
Model Standing Orders provided under the Bombay Industrial Employment (Standing Orders) Rules 1959 at Schedule I stipulate unequivocally at Clause 25 outlining various "punishments" under subclause 1(c). I quote, "Suspended by an order in writing signed by the Manager for a period not exceeding four days." Clause 25 starts by stating, "A workman guilty of misconduct may be..."
Further under Clause 25(5), and I quote again:
"A workman against whom any action is proposed to be taken under subclauses (b), (c), or (d) of Clause (1) may be suspended pending the inquiry or for the period, if any, allowed to him for giving his explanation. The order of suspension may take effect immediately on its communication to the workman."
For Maharashtra at least, I stand vindicated! I hope next time more care and caution would be exercised before becoming judgmental!
Personally, I refrain from commenting on areas that I am not equipped to comment on!
Regards,
Samvedan
October 29, 2013
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From India, Pune
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Dear Mr. T. Sivasankaran,
I have gone through the posts of yourself and also of Mr. Samvedan. What Mr. Samvedan has stated is correct. There cannot be an unlimited number of days of suspension as a punishment. So, a four-day limit is certainly prescribed in the Model Standing Orders of most of the states.
Perhaps you may be referring to the action of suspension pending disciplinary inquiry for which there is no limit. However, unreasonable suspension is always questionable in the courts, and courts may revoke suspension.
Adv. K. H. Kulkarni
From India, Kolhapur
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I have gone through the posts of yourself and also of Mr. Samvedan. What Mr. Samvedan has stated is correct. There cannot be an unlimited number of days of suspension as a punishment. So, a four-day limit is certainly prescribed in the Model Standing Orders of most of the states.
Perhaps you may be referring to the action of suspension pending disciplinary inquiry for which there is no limit. However, unreasonable suspension is always questionable in the courts, and courts may revoke suspension.
Adv. K. H. Kulkarni
From India, Kolhapur
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Mr. Samvedan is correct insofar as suspension as punishment is concerned. The Model Standing Orders under Maharashtra State Rules stipulate suspension not exceeding four days as a punishment. Probably a different period could be stipulated by Model Standing Orders under a different state.
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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Interesting. I agree with Adv. Kulkarni. I wish to add as follows:
Termination: Can be classified as punitive if it is by way of dismissal of services for misconduct under the Standing Orders. However, resignation from services voluntarily also amounts to termination. Summary dismissal is no longer a legitimate disciplinary action as it would amount to retrenchment.
Suspension: Suspensions are of two kinds, "Suspension" as punishment and "Suspension pending inquiry". Usually, Standing Orders, if there is one in existence in the particular establishment, duly certified by the certifying officer, define suspension as a punishment with an outer limit as to the number of days (e.g., in the Tea Industry where I work, the maximum number of days a worker/employee can be suspended as punishment is 21 days or 3 weeks). "Suspension pending inquiry" is not punitive, and an employee is placed under suspension pending inquiry when there is prima facie evidence of serious misconduct and there is sufficient reason to believe that his or her presence at work could potentially jeopardize/influence documentary evidence/witnesses and consequently prejudice the outcome of the departmental/domestic inquiry. During the period of suspension pending inquiry, the concerned employee has to be paid subsistence allowance, but the employee is barred from the workplace during the entire period of suspension pending inquiry.
From India, Kolkata
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Termination: Can be classified as punitive if it is by way of dismissal of services for misconduct under the Standing Orders. However, resignation from services voluntarily also amounts to termination. Summary dismissal is no longer a legitimate disciplinary action as it would amount to retrenchment.
Suspension: Suspensions are of two kinds, "Suspension" as punishment and "Suspension pending inquiry". Usually, Standing Orders, if there is one in existence in the particular establishment, duly certified by the certifying officer, define suspension as a punishment with an outer limit as to the number of days (e.g., in the Tea Industry where I work, the maximum number of days a worker/employee can be suspended as punishment is 21 days or 3 weeks). "Suspension pending inquiry" is not punitive, and an employee is placed under suspension pending inquiry when there is prima facie evidence of serious misconduct and there is sufficient reason to believe that his or her presence at work could potentially jeopardize/influence documentary evidence/witnesses and consequently prejudice the outcome of the departmental/domestic inquiry. During the period of suspension pending inquiry, the concerned employee has to be paid subsistence allowance, but the employee is barred from the workplace during the entire period of suspension pending inquiry.
From India, Kolkata
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While I agree with our friend's views on the subject, I simply put it as follows:
Suspension: Keeping an employee away from work for a specified period (check your company's standing orders) due to indiscipline acts of the employee. Such indiscipline is serious and grave that if he continues in the employment during the course of domestic enquiry proceedings, he will influence the proceedings. Therefore, management keeps him aside during such a period (suspension pending enquiry case).
Case 2: Suspension can be a straightforward decision due to unreasonable acts of an employee. Sometimes, depending on the gravity of the case, certain organizations will take this serious view while issuing a show-cause notice.
Termination:
Case 1: Termination of employment contract on completion of a specific period.
Case 2: Termination of an employee after holding a domestic enquiry, and he is found guilty as per the Enquiry officer's report.
Hope you can understand now.
B. Dakshina Murty
From India, Hyderabad
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Suspension: Keeping an employee away from work for a specified period (check your company's standing orders) due to indiscipline acts of the employee. Such indiscipline is serious and grave that if he continues in the employment during the course of domestic enquiry proceedings, he will influence the proceedings. Therefore, management keeps him aside during such a period (suspension pending enquiry case).
Case 2: Suspension can be a straightforward decision due to unreasonable acts of an employee. Sometimes, depending on the gravity of the case, certain organizations will take this serious view while issuing a show-cause notice.
Termination:
Case 1: Termination of employment contract on completion of a specific period.
Case 2: Termination of an employee after holding a domestic enquiry, and he is found guilty as per the Enquiry officer's report.
Hope you can understand now.
B. Dakshina Murty
From India, Hyderabad
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While the learned members have all chipped in with valuable information on the subject of suspension and termination, a word of caution for employers is that they should not exercise this power mechanically and without the application of mind. Since suspension hurts an employee more than punishment both financially and emotionally, employers should not allow suspension to continue for prolonged periods. It is essential to ensure the expeditious disposal of disciplinary cases that are pending while an employee is suspended.
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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