Dear all,
In one of our unit the money got thefted by second shift (Night) employees. and we have logged a police complaint and we have give 4 days time
to all employees who are they in the second shift but we didn't get any out come. we have suspect on 3 to 4 guys. here my doubt is can we suspend
the employees giving show cause notice to all, who are in the second shift and can we ask him to stop to come for work until this issue has been resolved.
Please advice me in this regard and please share the draft copy of show cause notice - suspension from work. please help me sir
Regards
Ram
From India, New Delhi
In one of our unit the money got thefted by second shift (Night) employees. and we have logged a police complaint and we have give 4 days time
to all employees who are they in the second shift but we didn't get any out come. we have suspect on 3 to 4 guys. here my doubt is can we suspend
the employees giving show cause notice to all, who are in the second shift and can we ask him to stop to come for work until this issue has been resolved.
Please advice me in this regard and please share the draft copy of show cause notice - suspension from work. please help me sir
Regards
Ram
From India, New Delhi
3131
Without charges, you cannot suspend any employee. As already pointed out by Nathrao, is it the company fund which was stolen or of coworkers? If any worker’s fund was misappropriated and that worker has given you a complaint, then why did you inform the Police to investigate into it? You should have investigated and found the thief. If the Police is involved, why should you suspend? And if you suspend, will you suspend the entire second shift employees and the supervisors who were on duty on the day shutting down the production? How long can you do so? You suspect a few workers, but how did you come to know that these would be the thieves?
Suspension should be followed by a charge sheet. Before suspending you wanted to give each show cause notices. Now, what will you say in the notice? That we suspect you, and therefore you should show cause why action should not be taken? Already you have taken action by lodging complaint against your own workers for the theft taken place within the establishment. When you believe that some workers only would have taken the money, you should have taken it as your own responsibility to find the thief.
In order to make charges maintainable, you have to ensure that the charges are very specific with time of theft, amount involved, witnesses etc, and in the present case, I don’t think that you will be able to do justice to these basic procedures. I suggest, in the absence of any evidence to show that these 3 or 4 employees are the culprits, you should not initiate action against them. Moreover, since you have lodged complaint in the Police Station, let the police investigate. Till then, you can allow the workers to continue as usual.
Madhu.T.K
From India, Kannur
Suspension should be followed by a charge sheet. Before suspending you wanted to give each show cause notices. Now, what will you say in the notice? That we suspect you, and therefore you should show cause why action should not be taken? Already you have taken action by lodging complaint against your own workers for the theft taken place within the establishment. When you believe that some workers only would have taken the money, you should have taken it as your own responsibility to find the thief.
In order to make charges maintainable, you have to ensure that the charges are very specific with time of theft, amount involved, witnesses etc, and in the present case, I don’t think that you will be able to do justice to these basic procedures. I suggest, in the absence of any evidence to show that these 3 or 4 employees are the culprits, you should not initiate action against them. Moreover, since you have lodged complaint in the Police Station, let the police investigate. Till then, you can allow the workers to continue as usual.
Madhu.T.K
From India, Kannur
Dear Guidance Seeker,
Your Query -1: Can we suspend the employees giving show cause notice to all?
Kritarth Team Clarification: An Employee and or Employees can be Suspended from Duty Pending Inquiry (Departmental / Domestic Inquiry as commonly referred to) only after or immediately after a Proper Charge Sheet or Charge -sheets have been issued clearly stating Clear and sufficiently definite Acts of Misconduct (commission or omission) alleged against the Employees concerned. Suspension Pending Inquiry entitles the so Suspended Employees/Workers to Payment of Subsistence Allowance as admissible to them as per the Certified Standing Orders or the Service Rules as applicable, till the Inquiry in respect of the concerned Employee is concluded.
When you were Not Sure and Certain as to who were the ones who allegedly stole Co's Property, you should have FIRST conducted a Fact Finding Preliminary Inquiry to ascertain prima facie whether there were enough evidence against Mr so and so to proceed further. Do it Now.
If you decide to Stop any Worker /Employee from resuming his Duty, as you deem it an Option, BEWARE that such act may tantamount to Lay Off and consequent Lay Off wages,too.
We are a Republic with Rule of Law Supreme. No Employer ought to take Arbitrary Action in such punitive yet Sensitive matters as stated. Our Supreme Court time and again cautioned Employers to refrain from Punishing any Worker /Employee without giving him/her reasonable opportunity to defend his/her action as alleged and without holding aFair, Proper and Just Inquiry in accordance with Principles of Natural Justice
Team Kritarth
/hksharan@kritarth.in /shakti@kritarth.in
91 9880 299 349 /9560 453756
Bengaluru Office
21 March 2016
From India, Delhi
Your Query -1: Can we suspend the employees giving show cause notice to all?
Kritarth Team Clarification: An Employee and or Employees can be Suspended from Duty Pending Inquiry (Departmental / Domestic Inquiry as commonly referred to) only after or immediately after a Proper Charge Sheet or Charge -sheets have been issued clearly stating Clear and sufficiently definite Acts of Misconduct (commission or omission) alleged against the Employees concerned. Suspension Pending Inquiry entitles the so Suspended Employees/Workers to Payment of Subsistence Allowance as admissible to them as per the Certified Standing Orders or the Service Rules as applicable, till the Inquiry in respect of the concerned Employee is concluded.
When you were Not Sure and Certain as to who were the ones who allegedly stole Co's Property, you should have FIRST conducted a Fact Finding Preliminary Inquiry to ascertain prima facie whether there were enough evidence against Mr so and so to proceed further. Do it Now.
If you decide to Stop any Worker /Employee from resuming his Duty, as you deem it an Option, BEWARE that such act may tantamount to Lay Off and consequent Lay Off wages,too.
We are a Republic with Rule of Law Supreme. No Employer ought to take Arbitrary Action in such punitive yet Sensitive matters as stated. Our Supreme Court time and again cautioned Employers to refrain from Punishing any Worker /Employee without giving him/her reasonable opportunity to defend his/her action as alleged and without holding aFair, Proper and Just Inquiry in accordance with Principles of Natural Justice
Team Kritarth
91 9880 299 349 /9560 453756
Bengaluru Office
21 March 2016
From India, Delhi
There should be some material before you to raise a suspicion against certain employees before suspending them. Acts like misappropriation or fraud may have documentary evidence to raise a prima facie suspicion against an employee but an act like theft will have no such documentary evidence.It shall be either based on circumstantial evidence or a direct evidence like the one who witnesses the employee stealing. Therefore as prudence demands it, an investigation shall precede before suspending an employee to back it with some prima facie evidence.However employees can be suspended pending investigation also provided the rules of the organisation permit it since the object of suspension is to protect the evidence from being tampered with by the suspected employees.
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
Dear All,
Mr. Ram in his quarry clearly stated that " logged Police Complaint". I think there is vast difference between Police Complaint And First Investigation Report i.e. (F.I.R.). At any time complainant can withdraw his complaint but when F.I.R. is lodged, it can't be withdrawn even by lodger. The lodger of F.I.R. at any stage can't withdraw his F.I.R. at any stage because then the litigation continues between respective State Government and Culprit.
In above case if only Police Complaint has been lodged, Company can withdraw Police Complaint and undertake the procedure at his own. Mr. Ram pl confirm in your statement.
A. Prakash
From India, Halol
Mr. Ram in his quarry clearly stated that " logged Police Complaint". I think there is vast difference between Police Complaint And First Investigation Report i.e. (F.I.R.). At any time complainant can withdraw his complaint but when F.I.R. is lodged, it can't be withdrawn even by lodger. The lodger of F.I.R. at any stage can't withdraw his F.I.R. at any stage because then the litigation continues between respective State Government and Culprit.
In above case if only Police Complaint has been lodged, Company can withdraw Police Complaint and undertake the procedure at his own. Mr. Ram pl confirm in your statement.
A. Prakash
From India, Halol
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