Dear Sir, Please help me with the procedure to suspend an employee.
From India, Bengaluru
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2From India, Bengaluru
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Suspension-from-Duty-Pending Inquiry is part of Discipline and a Prerogative of the Employer (Management) and is often taken/resorted to when the "presence" of the Delinquent/Charge-sheeted Employee is "considered" Not Advisable, but it is Not a Punishment.
The Procedure is as follows:
1. First, issue a Charge-sheet, containing the "Alleged Act of Misconduct" / allegation leveled, mentioning sufficiently precisely, the Date, Time, and Place of occurrence of the Act of Misconduct, and above all, the Charge leveled.
2. Once the said Charge-sheet is issued and received/acknowledged by the Charge-sheeted Employee, and Signature obtained on the Office Copy for Record.
3. Issue the Suspension-Pending-Inquiry Order duly Signed by the Authorized Signatory/Punishing Authority stating the "Reason" for the same; Obtain the Signature as proof of Receipt.
4. Since the Charge-sheeted Employee is not allowed to enter the Establishment Work Premise, the Entry Permit is surrendered by him/her for safe Custody. Care should be taken to Fix Up a Suitable Venue to allow him/her to attend Inquiry Proceedings.
5. During the Suspension Period and till the Date the Punishment or Condonation, as the case may be, is awarded, "Subsistence Allowance" is payable as per the Provisions of Certified Standing Orders or the Service Rules, which is clearly mentioned in the Suspension Order Letter.
6. The Inquiry Proceedings into the Charges leveled must be held "in accordance with the Principles of Natural Justice" and the Order of Events laid down for such Domestic/Internal/Detailed Inquiries.
7. Inquiry to commence after giving the C/H Employee "reasonable opportunity" to prepare his/her defense, to get prepared to attend Inquiry Proceedings, etc., and
8. Inquiry Conducted in a manner Fair, Proper, and Just, and till completion thereof and Punishment or Condonation is Awarded, the Charge-sheeted Employee be Treated properly, respectfully, as it were.
9. The Punishing Authority applies his/her Mind to the Inquiry Report with Definite and Conclusive "Findings" and decides "either" "Proportionate Punishment" or Condone.
10. In case condoned, the Period of Suspension-During-Inquiry is treated "On Duty" and due wages paid adjusting the Payment as Subsistence Allowance.
For Clarifications and OR "Learning Lessons in Domestic Inquiry Workshops" can be organized.
Un-Avoidable Costs of a Faulty Inquiry or Vitiated Findings, when Found UnLawful includes:
a) Reinstatement with Full Back Wages/Salary, etc;
b) Loss of Face and ill-Reputation;
c) Litigation Costs;
d) Loss of Credibility, Motivation, Morale of Workforce, in general, etc.
Kritarth Team of Trained Inquiry Officers & Discipline Management Specialists
Bengaluru Office,
1 Feb 2019
From India, Delhi
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The Procedure is as follows:
1. First, issue a Charge-sheet, containing the "Alleged Act of Misconduct" / allegation leveled, mentioning sufficiently precisely, the Date, Time, and Place of occurrence of the Act of Misconduct, and above all, the Charge leveled.
2. Once the said Charge-sheet is issued and received/acknowledged by the Charge-sheeted Employee, and Signature obtained on the Office Copy for Record.
3. Issue the Suspension-Pending-Inquiry Order duly Signed by the Authorized Signatory/Punishing Authority stating the "Reason" for the same; Obtain the Signature as proof of Receipt.
4. Since the Charge-sheeted Employee is not allowed to enter the Establishment Work Premise, the Entry Permit is surrendered by him/her for safe Custody. Care should be taken to Fix Up a Suitable Venue to allow him/her to attend Inquiry Proceedings.
5. During the Suspension Period and till the Date the Punishment or Condonation, as the case may be, is awarded, "Subsistence Allowance" is payable as per the Provisions of Certified Standing Orders or the Service Rules, which is clearly mentioned in the Suspension Order Letter.
6. The Inquiry Proceedings into the Charges leveled must be held "in accordance with the Principles of Natural Justice" and the Order of Events laid down for such Domestic/Internal/Detailed Inquiries.
7. Inquiry to commence after giving the C/H Employee "reasonable opportunity" to prepare his/her defense, to get prepared to attend Inquiry Proceedings, etc., and
8. Inquiry Conducted in a manner Fair, Proper, and Just, and till completion thereof and Punishment or Condonation is Awarded, the Charge-sheeted Employee be Treated properly, respectfully, as it were.
9. The Punishing Authority applies his/her Mind to the Inquiry Report with Definite and Conclusive "Findings" and decides "either" "Proportionate Punishment" or Condone.
10. In case condoned, the Period of Suspension-During-Inquiry is treated "On Duty" and due wages paid adjusting the Payment as Subsistence Allowance.
For Clarifications and OR "Learning Lessons in Domestic Inquiry Workshops" can be organized.
Un-Avoidable Costs of a Faulty Inquiry or Vitiated Findings, when Found UnLawful includes:
a) Reinstatement with Full Back Wages/Salary, etc;
b) Loss of Face and ill-Reputation;
c) Litigation Costs;
d) Loss of Credibility, Motivation, Morale of Workforce, in general, etc.
Kritarth Team of Trained Inquiry Officers & Discipline Management Specialists
Bengaluru Office,
1 Feb 2019
From India, Delhi
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