Dear Sirs,
Refusal of any Charge sheet, Show cause notice, suspension orders etc by an employee, leads to another misconduct and such refusal should be supported by two witnesses which is a must and will hold as documentary proof for such refusal not only in the domestic enquiry process but also in the labour court if the delinquent challange the orders in the court of law.
Adoni Suguresh
Sr.Executive (Pers and Admin)
Labour Laws Consultant
From India, Bidar
150Refusal of any Charge sheet, Show cause notice, suspension orders etc by an employee, leads to another misconduct and such refusal should be supported by two witnesses which is a must and will hold as documentary proof for such refusal not only in the domestic enquiry process but also in the labour court if the delinquent challange the orders in the court of law.
Adoni Suguresh
Sr.Executive (Pers and Admin)
Labour Laws Consultant
From India, Bidar
A worker refused to accept show cause letter once by oral discussion & twice by post, So what should be the further action/proceeding for the same.? Pls guide
From India, Aurangabad
From India, Aurangabad
dear Mr.Madan,
In case you have issued the show cause notice and called for the explanation of the employee and upon being satisfied that he is guilty of the error, in case you feel that suspension of 3 days as per standing orders will suffice, you can issue him the suspension letter and if he accepts it, well and good otherwise offer it in the presence of 2 witnesses and after he declines to accept it, let the 2 witnesses endorse the copy of suspension letter, which you can subsequently send by regd post AD to his address on record. Meantime, give a copy of the suspension letter to the security guard, instructing him that you have punished the employee for misconduct and he should not be given entry into the premises.
From India, Pune
In case you have issued the show cause notice and called for the explanation of the employee and upon being satisfied that he is guilty of the error, in case you feel that suspension of 3 days as per standing orders will suffice, you can issue him the suspension letter and if he accepts it, well and good otherwise offer it in the presence of 2 witnesses and after he declines to accept it, let the 2 witnesses endorse the copy of suspension letter, which you can subsequently send by regd post AD to his address on record. Meantime, give a copy of the suspension letter to the security guard, instructing him that you have punished the employee for misconduct and he should not be given entry into the premises.
From India, Pune
Dear Mr Madan
If you feel that the employee may not accept the suspension order, pl mention in the order that the suspension will take effect only after he accepts the order. If he refuses when issued in the presence of two witnesses, make endorsement in the order and take the signatures of the witnesses and display a copy of the order on the notice board - if your standing order has such a provision. In case if he reports for duty next day, issue the order once again at the gate itself informing that he has to accept the suspension order and he cannot be allowed for duty. If the employee still refuses to receive the order, don't allow him inside and treat him as absent for duty and send seperate charge sheet by RPAD to his residential address after waiting for some days for his unauthorised absence. Pl arrange seperate enquiries by an independant Enquiry Officer for the misconducts for which it has been decided to suspend him and for his unauthorised absence. In case if required, you may have to arrange the enquiry outside the factory premises and on completion of the enquiries you can decide the punishment. Regards
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
)
From India, Bangalore
If you feel that the employee may not accept the suspension order, pl mention in the order that the suspension will take effect only after he accepts the order. If he refuses when issued in the presence of two witnesses, make endorsement in the order and take the signatures of the witnesses and display a copy of the order on the notice board - if your standing order has such a provision. In case if he reports for duty next day, issue the order once again at the gate itself informing that he has to accept the suspension order and he cannot be allowed for duty. If the employee still refuses to receive the order, don't allow him inside and treat him as absent for duty and send seperate charge sheet by RPAD to his residential address after waiting for some days for his unauthorised absence. Pl arrange seperate enquiries by an independant Enquiry Officer for the misconducts for which it has been decided to suspend him and for his unauthorised absence. In case if required, you may have to arrange the enquiry outside the factory premises and on completion of the enquiries you can decide the punishment. Regards
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
From India, Bangalore
Dear sir/madam,
Greetings for the day,
If employee is not willing to accept suspension order you send the same to him/her by registered post with acknowledgement letter on his correspondence & permanent address. Afterward paste the same to your official noticeboard witnessed by two employees & security personnel.
Thanks & regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Greetings for the day,
If employee is not willing to accept suspension order you send the same to him/her by registered post with acknowledgement letter on his correspondence & permanent address. Afterward paste the same to your official noticeboard witnessed by two employees & security personnel.
Thanks & regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Dear HR Fraternity,
I have gone through this thread carefully.
"How To Proceed - An Employee Refuses To Accept / Obey Suspension Order" is a title of the thread. The queriest emphasis is on how to proceed legally if he fails to accept/obey the suspension order.
However, no one focused on 3 days suspension order which the queriest intend to issue is legally valid or not, except Mr. Adoni Suguresh. But there is no single appreciation to him, unfortunately.
Suspension for not more than 4 days or not more than days as mentioned in respective State IE(SO) Law is necessarily a punishment on consequent to Enquiry Findings only which can not be imposed without holding domestic enquiry or without following rule of natural justice.
From India, Mumbai
I have gone through this thread carefully.
"How To Proceed - An Employee Refuses To Accept / Obey Suspension Order" is a title of the thread. The queriest emphasis is on how to proceed legally if he fails to accept/obey the suspension order.
However, no one focused on 3 days suspension order which the queriest intend to issue is legally valid or not, except Mr. Adoni Suguresh. But there is no single appreciation to him, unfortunately.
Suspension for not more than 4 days or not more than days as mentioned in respective State IE(SO) Law is necessarily a punishment on consequent to Enquiry Findings only which can not be imposed without holding domestic enquiry or without following rule of natural justice.
From India, Mumbai
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