Dear Senior's,
If an employee who is not working well and the employer wants to suspend him for one week so can employer suspend him or not? If employer suspend him and employee has a balance leave so at the time of salary preparation can we adjust their leave against suspension period AND If we demote to an employee so can we decrease their salary or not? Please reply..........
Thanks & Regard's
Nitin Sharma
From India, Delhi
4If an employee who is not working well and the employer wants to suspend him for one week so can employer suspend him or not? If employer suspend him and employee has a balance leave so at the time of salary preparation can we adjust their leave against suspension period AND If we demote to an employee so can we decrease their salary or not? Please reply..........
Thanks & Regard's
Nitin Sharma
From India, Delhi
What do you mean by saying employee not working well?
Is he a poor worker or intentionally showing poor work output.
Suspension is basically disciplinary in nature and cannot be invoked for incapability in work.
He can be sent for additional training.
Demoting an employee,reducing salary can be done by following due procedure of law-certified standing order etc.
https://www.citehr.com/84507-decreas...otion-pg2.html
Basic principle for demotion:Every arbitrary demotion is illegal if made without giving any opportunity to the employee to defend his cause.
One has to equally understand impact of demotion on employee and negative effects to individual and organisation also.
So deal with such cases after deep and careful thought in all angles.
From India, Pune
Is he a poor worker or intentionally showing poor work output.
Suspension is basically disciplinary in nature and cannot be invoked for incapability in work.
He can be sent for additional training.
Demoting an employee,reducing salary can be done by following due procedure of law-certified standing order etc.
https://www.citehr.com/84507-decreas...otion-pg2.html
Basic principle for demotion:Every arbitrary demotion is illegal if made without giving any opportunity to the employee to defend his cause.
One has to equally understand impact of demotion on employee and negative effects to individual and organisation also.
So deal with such cases after deep and careful thought in all angles.
From India, Pune
Hi Nitin,
Suspension & forced leave are two different things...
Suspension can be used against a misconduct, violation or breach of policies, only when other means of counseling statements have been exhausted. Immediate suspension can also be possible, when the misconduct results in loss of trust, or any further damage is anticipated. Suspension is generally "unpaid" & followed by an domestic or legal enquiry. Suspension on full pay can also be used when an employee needs to be removed from the workplace to avoid prejudicing an investigation. This is used not as a punishment, but in the employer's best interest.
If you want to compensate the suspension against the earned leave days, then it is 'forced leave'. This is an adjustment accepted by employee, as the suspension is not shown on his record, as well organization is clean since the leave application is made to be filled up by employee. Such leaves are useful, when there is no real work available to the employee & company has no other choice than to 'lay off' employees.
With neither action, the "efficiency" of the employee would show any upgrade after the suspension. His priorities & dedication towards job may increase, but not his productivity & work accuracy. At the same time, his interest in the job may diminish with this suspension. You need to first find out on which aspect the employee is really lacking. Also think if you can motivate him further by inducting trainings or suggesting different opportunities to show good performance (May be change of department?).
If after all, the employee is really an underperformer, then why don't you just ask him to leave? May be this is not the suitable job for him, or he is not the suitable candidate for your organization...
Demotion with salary decrease is not a good move for company as well as for the employee. Demotion just increases dissatisfaction at both levels.... Alternative is to let the person go & hire someone with less salary at the junior level. Here issue is not only the employee performance, but the promotion policy of the company in the first place.
Best Regards,
Amod Bobade.
Suspension & forced leave are two different things...
Suspension can be used against a misconduct, violation or breach of policies, only when other means of counseling statements have been exhausted. Immediate suspension can also be possible, when the misconduct results in loss of trust, or any further damage is anticipated. Suspension is generally "unpaid" & followed by an domestic or legal enquiry. Suspension on full pay can also be used when an employee needs to be removed from the workplace to avoid prejudicing an investigation. This is used not as a punishment, but in the employer's best interest.
If you want to compensate the suspension against the earned leave days, then it is 'forced leave'. This is an adjustment accepted by employee, as the suspension is not shown on his record, as well organization is clean since the leave application is made to be filled up by employee. Such leaves are useful, when there is no real work available to the employee & company has no other choice than to 'lay off' employees.
With neither action, the "efficiency" of the employee would show any upgrade after the suspension. His priorities & dedication towards job may increase, but not his productivity & work accuracy. At the same time, his interest in the job may diminish with this suspension. You need to first find out on which aspect the employee is really lacking. Also think if you can motivate him further by inducting trainings or suggesting different opportunities to show good performance (May be change of department?).
If after all, the employee is really an underperformer, then why don't you just ask him to leave? May be this is not the suitable job for him, or he is not the suitable candidate for your organization...
Demotion with salary decrease is not a good move for company as well as for the employee. Demotion just increases dissatisfaction at both levels.... Alternative is to let the person go & hire someone with less salary at the junior level. Here issue is not only the employee performance, but the promotion policy of the company in the first place.
Best Regards,
Amod Bobade.
Thank you so much Nath Rao Sir & Amod Sir for your great reply but by mistake I have written here the employee not working well. Actually an employee does not come on duty time so my boss decided that we should give him a suspension letter.
From India, Delhi
From India, Delhi
Not coming on duty time is a breach of discipline.
Is he a frequent late comer?
Has he been warned earlier?
You just cannot suspend a person coming late first time or even infrequently,without following earlier warning and counselling procedures.
This is supposed to be how a good employer treats staff.
But then we have employers waiting for least chance to remove/suspend employees also.
Basically a sense of fairness and justice should be the cornerstone of any action.
From India, Pune
Is he a frequent late comer?
Has he been warned earlier?
You just cannot suspend a person coming late first time or even infrequently,without following earlier warning and counselling procedures.
This is supposed to be how a good employer treats staff.
But then we have employers waiting for least chance to remove/suspend employees also.
Basically a sense of fairness and justice should be the cornerstone of any action.
From India, Pune
Not only we have warned him so many times but also deducting their salary. Even after that she’s coming late. She doesn’t care about their salary.
From India, Delhi
From India, Delhi
You have to mention in the suspension letter that you won't be paid during the period of suspension . Suspension is a punishment if you one can avail leaves during suspension period then suspension will become meaningless .
We discourage demotion yes you can promote someone one on that position or hire some one else but you cannot decrease the salary of that employee its not good for empployee motivation/morale as well as not good for the company as well .
From Pakistan, Karachi
We discourage demotion yes you can promote someone one on that position or hire some one else but you cannot decrease the salary of that employee its not good for empployee motivation/morale as well as not good for the company as well .
From Pakistan, Karachi
Hi Nitin,
Is the employee a 'He' or a 'She'. Not that this matters, but your responses give mixed indications.
Anyway, 'she' may show that she doesn't care about salary, but actually everyone does. A delayed promotion/increment (or demotion in this case) (as compared to other peers getting these perks) always affects a person.... She may show that for one or two instances it did not affect her, but in long run she will surely feel it. Try to have candid discussion with her & understand her concerns. Also give clear indications of these long term effects on her career with this background.
If you want to make it an example to highlight your office punctuality rules, then surely suspension is one of the suitable disciplinary action; Though, the effectiveness of it 'for this employee' might not be as you expect.
It does not take time to multiply such behavior amongst employees starting from one isolated case. But punishment does not necessarily stop it. You have to work towards modifying the office culture where coming late does not even come to the mind of employees.
As I said before, if this is just one employee creating bad environment in otherwise good office culture, then it will be better to let her go than trying to rectify her.
On other thought, a few follow-up questions:
1. Does she also stay back in office & work till late?
2. Is her work effective & does the late coming affect her productivity? Except for this one concern, how is her overall performance?
3. Even though she does not care for the salary, does she really care for her assignments & the company welfare?
4. Is she being given less work so she feels her presence in office full time is not necessary? Have you tried increasing her workload? May be give some additional extra-curricular responsibility like internal trainings?
5. What is her relative position in the organization? What is the strength of her department? Have you tried to collect 360 degree feedback for her?
6. What is her job profile physical or mental efforts work?
7. What is the general attendance record & punctuality in the workplace otherwise?
8. Do you have union / work associations in the workplace? What is the job security in your organization?
Answers to these questions would also affect the possibility/effectiveness of suspension as disciplinary action.
This might not be the scenario, but sometimes such cases are indications that the company policies need to upgrade to next level (Like +/- 1hour flexible office timing for everyone).
Best Regards,
Amod Bobade.
Is the employee a 'He' or a 'She'. Not that this matters, but your responses give mixed indications.
Anyway, 'she' may show that she doesn't care about salary, but actually everyone does. A delayed promotion/increment (or demotion in this case) (as compared to other peers getting these perks) always affects a person.... She may show that for one or two instances it did not affect her, but in long run she will surely feel it. Try to have candid discussion with her & understand her concerns. Also give clear indications of these long term effects on her career with this background.
If you want to make it an example to highlight your office punctuality rules, then surely suspension is one of the suitable disciplinary action; Though, the effectiveness of it 'for this employee' might not be as you expect.
It does not take time to multiply such behavior amongst employees starting from one isolated case. But punishment does not necessarily stop it. You have to work towards modifying the office culture where coming late does not even come to the mind of employees.
As I said before, if this is just one employee creating bad environment in otherwise good office culture, then it will be better to let her go than trying to rectify her.
On other thought, a few follow-up questions:
1. Does she also stay back in office & work till late?
2. Is her work effective & does the late coming affect her productivity? Except for this one concern, how is her overall performance?
3. Even though she does not care for the salary, does she really care for her assignments & the company welfare?
4. Is she being given less work so she feels her presence in office full time is not necessary? Have you tried increasing her workload? May be give some additional extra-curricular responsibility like internal trainings?
5. What is her relative position in the organization? What is the strength of her department? Have you tried to collect 360 degree feedback for her?
6. What is her job profile physical or mental efforts work?
7. What is the general attendance record & punctuality in the workplace otherwise?
8. Do you have union / work associations in the workplace? What is the job security in your organization?
Answers to these questions would also affect the possibility/effectiveness of suspension as disciplinary action.
This might not be the scenario, but sometimes such cases are indications that the company policies need to upgrade to next level (Like +/- 1hour flexible office timing for everyone).
Best Regards,
Amod Bobade.
Hello Nitin Sharma,
Suggest your 'gender' right--is it 'he' OR 'she'?
Amod Bobade has given you a perfect checklist to figure-out the reason(s) why the employee is a regular latecomer.
UNLESS you ascertain the reason(s), how can you decide what action to take?
However, I am not sure on YOUR reason(s) for deciding that 'suspension' COULD be the right choice. What are you trying to achieve?
Your line "She doesn’t care about their salary" doesn't look realistic--UNLESS she is well-off & doing a job just for 'time-pass'. In which case, termination COULD be a better action than suspending--after following the due procedures.
Rgds,
TS
From India, Hyderabad
Suggest your 'gender' right--is it 'he' OR 'she'?
Amod Bobade has given you a perfect checklist to figure-out the reason(s) why the employee is a regular latecomer.
UNLESS you ascertain the reason(s), how can you decide what action to take?
However, I am not sure on YOUR reason(s) for deciding that 'suspension' COULD be the right choice. What are you trying to achieve?
Your line "She doesn’t care about their salary" doesn't look realistic--UNLESS she is well-off & doing a job just for 'time-pass'. In which case, termination COULD be a better action than suspending--after following the due procedures.
Rgds,
TS
From India, Hyderabad
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Prolonged Suspension of the employee.docx