Dear professionals,
We are about to issue a suspension order for an employee who has been consistently involved in specification errors. He has received a warning letter multiple times for the same issue, leading to significant financial losses and damage to our reputation with valuable customers. Despite these warnings, he has not shown any improvement in his work attitude. After careful consideration, the management has decided to suspend him from service for 3 days.
My question for professionals is how to proceed legally if he refuses to accept or comply with the suspension order, especially considering that our employees are influenced by an unrecognized union.
Warm Regards,
Madan
From India, Madras
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3We are about to issue a suspension order for an employee who has been consistently involved in specification errors. He has received a warning letter multiple times for the same issue, leading to significant financial losses and damage to our reputation with valuable customers. Despite these warnings, he has not shown any improvement in his work attitude. After careful consideration, the management has decided to suspend him from service for 3 days.
My question for professionals is how to proceed legally if he refuses to accept or comply with the suspension order, especially considering that our employees are influenced by an unrecognized union.
Warm Regards,
Madan
From India, Madras
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The method of serving notices/orders is extensively explained in various "IR" related books under the section of "Holding Domestic Enquiry".
In your case, the issue pertains to your assumption regarding whether the concerned employee will accept or reject the suspension order.
Please draft the suspension order on your company letterhead, duly signed by the competent authority, and deliver the original letter to the employee. Request acknowledgement of the duplicate copy of the letter, which you should retain for your records. Serve the notice in the presence of the department manager/supervisor and a representative from the HR or Legal department. If the individual refuses to accept the communication, note this on the letter, obtain signatures from two witnesses, and document it in the employee's personal file. Additionally, dispatch a copy of the letter via UPC and Registered Post Acknowledgement Due to the employee's permanent and last known present addresses. Post another copy on the company's notice board. Also, provide a copy to the Main Security gate of the company and instruct security not to allow the person entry into the factory/establishment.
This is the recommended approach for handling the situation.
Thanks,
R K Nair
From India, Aizawl
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In your case, the issue pertains to your assumption regarding whether the concerned employee will accept or reject the suspension order.
Please draft the suspension order on your company letterhead, duly signed by the competent authority, and deliver the original letter to the employee. Request acknowledgement of the duplicate copy of the letter, which you should retain for your records. Serve the notice in the presence of the department manager/supervisor and a representative from the HR or Legal department. If the individual refuses to accept the communication, note this on the letter, obtain signatures from two witnesses, and document it in the employee's personal file. Additionally, dispatch a copy of the letter via UPC and Registered Post Acknowledgement Due to the employee's permanent and last known present addresses. Post another copy on the company's notice board. Also, provide a copy to the Main Security gate of the company and instruct security not to allow the person entry into the factory/establishment.
This is the recommended approach for handling the situation.
Thanks,
R K Nair
From India, Aizawl
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Dear Nair Sir, Thanking you for your valuable suggestion, your timely advice is really a precious help to me.. Once again thanking you, Warm Regards, Madan
From India, Madras
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From India, Madras
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Dear Sir,
The procedure of suspension from the services as a punishment should be based on the findings of the enquiry officer. First, issue the charge sheet, and then order a domestic enquiry to prove the charges by giving the individual a chance to defend their case and receive the findings of the EO. After that, the management can decide on the gravity of the suspension.
Before suspending a person, issue a show-cause notice requesting their explanation. If they fail to submit a satisfactory explanation, then a suspension order can be issued. Assumption of acceptance is not a matter. The procedure of issuing a suspension order is well explained by Mr. R.K. Nair in his letter, in the third paragraph, and should be followed accordingly.
Please ensure that any actions taken against employees are within the laws.
I hope this clarifies the process for you.
Adoni Suguresh Sr. Executive (Pers & Adm) Rtd Labour Laws Consultant
From India, Bidar
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The procedure of suspension from the services as a punishment should be based on the findings of the enquiry officer. First, issue the charge sheet, and then order a domestic enquiry to prove the charges by giving the individual a chance to defend their case and receive the findings of the EO. After that, the management can decide on the gravity of the suspension.
Before suspending a person, issue a show-cause notice requesting their explanation. If they fail to submit a satisfactory explanation, then a suspension order can be issued. Assumption of acceptance is not a matter. The procedure of issuing a suspension order is well explained by Mr. R.K. Nair in his letter, in the third paragraph, and should be followed accordingly.
Please ensure that any actions taken against employees are within the laws.
I hope this clarifies the process for you.
Adoni Suguresh Sr. Executive (Pers & Adm) Rtd Labour Laws Consultant
From India, Bidar
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Any worker can be suspended pending an inquiry if their presence in the company is likely to cause any damage to the company, business, officers, or coworkers.
However, you must specify the charges and correlate them with the misconducts outlined in the model standing orders or your certified standing orders. At the conclusion, you can state, "Since your continuing presence in the company is likely to cause damage to the company, business, officers, or coworkers, choose one charge related to the allegations and suspend the worker."
Remember to deactivate their attendance card.
Contrary to what our colleagues have suggested, serving the chargesheet in the presence of witnesses may not be necessary. If the worker does not receive the chargesheet, it will constitute another misconduct, leading to further disciplinary action.
If the worker declines to accept the chargesheet, simply make an endorsement below it stating, "You were served this chargesheet on (date) at (time) by (name of the officer), but you refused to receive it. Hence, it is being sent via RPAD."
RPAD stands for Registered Post with Acknowledgement Due.
From India, Madras
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However, you must specify the charges and correlate them with the misconducts outlined in the model standing orders or your certified standing orders. At the conclusion, you can state, "Since your continuing presence in the company is likely to cause damage to the company, business, officers, or coworkers, choose one charge related to the allegations and suspend the worker."
Remember to deactivate their attendance card.
Contrary to what our colleagues have suggested, serving the chargesheet in the presence of witnesses may not be necessary. If the worker does not receive the chargesheet, it will constitute another misconduct, leading to further disciplinary action.
If the worker declines to accept the chargesheet, simply make an endorsement below it stating, "You were served this chargesheet on (date) at (time) by (name of the officer), but you refused to receive it. Hence, it is being sent via RPAD."
RPAD stands for Registered Post with Acknowledgement Due.
From India, Madras
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These days such mail can be sent by courier, which will be faster and the Proof of Delivery (POD) can be sought from the Courier Agent as record.
From India, Bengaluru
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From India, Bengaluru
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Hello N.K. Sundaram, I think PoD of Private Couriers is NOT legally valid. Only Registered post OR SpeedPost is legally valid — to the extent I know of. Rgds, TS
From India, Hyderabad
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From India, Hyderabad
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Mr. Sateesh,
Maybe, I'm not too sure. However, many of the postal services and products are becoming obsolete, much like the good old telegraph. One day, Registered Post with Acknowledgment Due (RPAD) may also become extinct. The Money Order system through the Post Office has undergone a significant transformation. Hence, one day, Proof of Delivery (POD) through private courier systems may become necessary. Why else would companies like Blue Dart and DHL insist on obtaining the mobile number and telephone number of the recipient? I am uncertain. Anyway, thank you for enlightening me.
Best wishes
From India, Bengaluru
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Maybe, I'm not too sure. However, many of the postal services and products are becoming obsolete, much like the good old telegraph. One day, Registered Post with Acknowledgment Due (RPAD) may also become extinct. The Money Order system through the Post Office has undergone a significant transformation. Hence, one day, Proof of Delivery (POD) through private courier systems may become necessary. Why else would companies like Blue Dart and DHL insist on obtaining the mobile number and telephone number of the recipient? I am uncertain. Anyway, thank you for enlightening me.
Best wishes
From India, Bengaluru
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If such suspension orders from services, which may lead to ultimate termination and the employee concerned challenges such decision of the employer in court, it is suggested to produce proof of dispatch by postal authorities, rather than a courier agent - which are well-accepted documents in a court of law.
It is also agreed that in the current era, communication by email shall also be treated as documents by the court.
Thanks
R K Nair
From India, Aizawl
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It is also agreed that in the current era, communication by email shall also be treated as documents by the court.
Thanks
R K Nair
From India, Aizawl
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As Mr. Nair mentioned above, even email communication is legal now. That is why, in an email etiquette program, we insist on users that any communication that leaves your IP address is legally valid, and one can be proceeded against in the event something incriminating is sent.
From India, Bengaluru
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From India, Bengaluru
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