Dear seniors,
I am MBA student and i am trying to come up with the concept of suspension and enquiry procedure in term of grievances and disciplines in company? can anyone help me with this concept,
thanks!
From India, Mysore
I am MBA student and i am trying to come up with the concept of suspension and enquiry procedure in term of grievances and disciplines in company? can anyone help me with this concept,
thanks!
From India, Mysore
Dear friend,
To me it appears that you want to understand the concept of suspension as a measure of imposing discipline and its ramifications on the rights and responsibilities of both the employer and the suspended employee.
Suspension of an employee may be an initial step or a final consequence in any disciplinary proceedings in the sphere of employment. It implies the temporary debarment of an employee to attend to his duties for a specified period. In other words, suspension is the state of curtailment of the rights and privileges of a regular employee to attend to his duties for a specified period while the contract of his employment is otherwise in operation.
Normally, the employer derives the power to suspend his employee from the implied contract of employment or from the provisions of the Standing Orders or Rules of Discipline applicable as the case be.
Suspension may be of two types - (1) suspension pending enquiry either contemplated or ordered into against certain grave charges of any misconduct or during the pendency of any investigation or trial against him for any criminal offence and (2) punitive suspension as a measure of punishment against proven charges of misconduct.
Suspension pending enquiry is regulated either by the Special Law, if any applicable or by the provisions of the Standing Ordres certified under the Industrial Employment (Standing Orders ) Act, 1946. Normally, during the period of suspension the employee is entitled to subsistence allowance without any deductions in lieu of his normal wages or salary. The period of suspension of an employee can not be infinite and the subsistence allowance payable be the same as per the discretion of the employer. The maximum period a delinquent employee can be kept under suspension pending enquiry is 180 days only. It is the responsibility of the employer to dispose of the entire disciplinary proceedings expeditiously within three months time frame subject to extension for reasons to be recorded. The rate of subsistence allowance shall be at 50% of the normal monthly wages last payable to the employee immediately before his suspension for the first 90 days and beyond at 75% till the final orders are passed. Any lapse on the part of the employer in this regard will vitiate the entire disciplinary action. However, the delay if any caused to the enquiry proceedings is attributable on the part of workman, the subsistence allowance beyond 90 days be reduced to 25%. In the case of suspension pending criminal proceedings by an outside agency or in Court, the allowance shall be at 50% for the first 180 days and at 75% beyond 180 days .
The suspended employee is entitiled to subsistence allowance thus during the entire period of his suspension on the usual date of disbursement of his wages and prohibited from employment elsewhere during suspension. On passing of final orders other than dismissal, he is entitled to full wages minus the subsistence allowance already received by him for the entire period of suspension.
In case of punitive suspension, its duration shall be restricted to the maximum no of days mentioned in the standing orders but the subsistence allowance paid can not be recovered.
From India, Salem
6018To me it appears that you want to understand the concept of suspension as a measure of imposing discipline and its ramifications on the rights and responsibilities of both the employer and the suspended employee.
Suspension of an employee may be an initial step or a final consequence in any disciplinary proceedings in the sphere of employment. It implies the temporary debarment of an employee to attend to his duties for a specified period. In other words, suspension is the state of curtailment of the rights and privileges of a regular employee to attend to his duties for a specified period while the contract of his employment is otherwise in operation.
Normally, the employer derives the power to suspend his employee from the implied contract of employment or from the provisions of the Standing Orders or Rules of Discipline applicable as the case be.
Suspension may be of two types - (1) suspension pending enquiry either contemplated or ordered into against certain grave charges of any misconduct or during the pendency of any investigation or trial against him for any criminal offence and (2) punitive suspension as a measure of punishment against proven charges of misconduct.
Suspension pending enquiry is regulated either by the Special Law, if any applicable or by the provisions of the Standing Ordres certified under the Industrial Employment (Standing Orders ) Act, 1946. Normally, during the period of suspension the employee is entitled to subsistence allowance without any deductions in lieu of his normal wages or salary. The period of suspension of an employee can not be infinite and the subsistence allowance payable be the same as per the discretion of the employer. The maximum period a delinquent employee can be kept under suspension pending enquiry is 180 days only. It is the responsibility of the employer to dispose of the entire disciplinary proceedings expeditiously within three months time frame subject to extension for reasons to be recorded. The rate of subsistence allowance shall be at 50% of the normal monthly wages last payable to the employee immediately before his suspension for the first 90 days and beyond at 75% till the final orders are passed. Any lapse on the part of the employer in this regard will vitiate the entire disciplinary action. However, the delay if any caused to the enquiry proceedings is attributable on the part of workman, the subsistence allowance beyond 90 days be reduced to 25%. In the case of suspension pending criminal proceedings by an outside agency or in Court, the allowance shall be at 50% for the first 180 days and at 75% beyond 180 days .
The suspended employee is entitiled to subsistence allowance thus during the entire period of his suspension on the usual date of disbursement of his wages and prohibited from employment elsewhere during suspension. On passing of final orders other than dismissal, he is entitled to full wages minus the subsistence allowance already received by him for the entire period of suspension.
In case of punitive suspension, its duration shall be restricted to the maximum no of days mentioned in the standing orders but the subsistence allowance paid can not be recovered.
From India, Salem
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