I have summoned with indisciplinary SCN by my employer for having fight with colleague. However , I don't have such kind of fight which was describe in SCN. in matter of fact that, Colleague didn't even complain to Anyone about this incident. HR heard from somewhere, and issue SCN after 15 days of incident on ground of indisciplanry action to score personal vendetta with me. After receiving SCN , i have replied my explanation but 3 days over post submission of reply. I haven't get reply from employer. Please advise on further course of action as well as further procedure could open for me. what should be timeline for employer to provide response to me? Should I make follow-up mail to them for reminder ? Did they deduct salary of suspension days ?
From India, Surat
From India, Surat
Dear Colleague,
It is not clear whether you are kept under suspension pending enquiry.
-In this case if you are kept under suspension pendency of domestic enquiry, then you will be paid Subsistence Allowance say 50% of wages to start with.
- If you are not under pending enquiry suspension and working as usual, then there is no question of salary deduction until enquiry is conducted and punishment is imposed.
- There is no time line generally for replying to your explanation but some standing orders have time line. You need to refer the Standing Orders or Disciplinary procedures of your company. If no mention, the employer is not bound to reply with any time line but after long delay he can not proceed on disciplinary action further.
- From your side if you are clear and no strong incident happed as well as replied for the SCN, then you are not expected to go and follow up the status. Let it take own course of time.
-If Management wants to proceed on disciplinary action, they will proceed further for direct enquiry and at that time you brief your side to the satisfaction of the Management
- After disciplinary process, if Management impose " suspension" as punishment, then you will not be entitled for any wages for the suspended days.
Try to settle the matter with the HR smoothly as it should not affect your career track adversely later as and when you are called to explain.
From India, Chennai
309It is not clear whether you are kept under suspension pending enquiry.
-In this case if you are kept under suspension pendency of domestic enquiry, then you will be paid Subsistence Allowance say 50% of wages to start with.
- If you are not under pending enquiry suspension and working as usual, then there is no question of salary deduction until enquiry is conducted and punishment is imposed.
- There is no time line generally for replying to your explanation but some standing orders have time line. You need to refer the Standing Orders or Disciplinary procedures of your company. If no mention, the employer is not bound to reply with any time line but after long delay he can not proceed on disciplinary action further.
- From your side if you are clear and no strong incident happed as well as replied for the SCN, then you are not expected to go and follow up the status. Let it take own course of time.
-If Management wants to proceed on disciplinary action, they will proceed further for direct enquiry and at that time you brief your side to the satisfaction of the Management
- After disciplinary process, if Management impose " suspension" as punishment, then you will not be entitled for any wages for the suspended days.
Try to settle the matter with the HR smoothly as it should not affect your career track adversely later as and when you are called to explain.
From India, Chennai
Dear Dr P.SIVAKUMAR Sir,
Appreciate for your input and advise.
I have been asked to refrain from joining and interaction with colleague in SCN provided, which I have replied with my explanation. in recent update , I got reply from HR that they are unsatisfied with submitted response, though they are proceeding to department enquiry. Enquiry officer , date and time will be notified.
However, I am totally sure that , no written complain has been filed against me from other side. as we both (Me & complainer) are in connection very well. Its HR whom have elevated whole issue to score his vendetta of past with me.
Should I raise this vendetta issue with concerned HR head(Head office) ? so that they may intervene to play fair role and procedure to follow in enquiry. or they appoint enquiry officer from head-office.
I doubt that , appointed enquiry officer (by current HR & management) will be his associate which will be bais and unjust with me and I wouldn't able to justify my position.
Should I showcased head office of ulterior motive of regional team with me ?
Can current regional HR issue SCN without any complainer ? or just on HEARSAY
Will look forward to your further advise.
From India, Surat
Appreciate for your input and advise.
I have been asked to refrain from joining and interaction with colleague in SCN provided, which I have replied with my explanation. in recent update , I got reply from HR that they are unsatisfied with submitted response, though they are proceeding to department enquiry. Enquiry officer , date and time will be notified.
However, I am totally sure that , no written complain has been filed against me from other side. as we both (Me & complainer) are in connection very well. Its HR whom have elevated whole issue to score his vendetta of past with me.
Should I raise this vendetta issue with concerned HR head(Head office) ? so that they may intervene to play fair role and procedure to follow in enquiry. or they appoint enquiry officer from head-office.
I doubt that , appointed enquiry officer (by current HR & management) will be his associate which will be bais and unjust with me and I wouldn't able to justify my position.
Should I showcased head office of ulterior motive of regional team with me ?
Can current regional HR issue SCN without any complainer ? or just on HEARSAY
Will look forward to your further advise.
From India, Surat
Dear Colleague,
It is unfair if it is handled biased and unfair. You may very well give a letter asking form basic compliant against your given by the other person. ( Normally HR will threaten the other person and get a compliant if not done so far which may or may not happen)
As you rightly felt, if you do not trust the local HR, very well you can use the escalation matrix allowed and give full details of incident and escalate. It has gone to disciplinary action level and why to hesitate to use all possible channels that are supportive to you.
Handle confident and use all channels. Even in Enquiry if conducted, have a good Co- Employee in the enquiry to support you in the process. ( He can only observe and can not do any major contribution but still he will witness fairness)
From India, Chennai
It is unfair if it is handled biased and unfair. You may very well give a letter asking form basic compliant against your given by the other person. ( Normally HR will threaten the other person and get a compliant if not done so far which may or may not happen)
As you rightly felt, if you do not trust the local HR, very well you can use the escalation matrix allowed and give full details of incident and escalate. It has gone to disciplinary action level and why to hesitate to use all possible channels that are supportive to you.
Handle confident and use all channels. Even in Enquiry if conducted, have a good Co- Employee in the enquiry to support you in the process. ( He can only observe and can not do any major contribution but still he will witness fairness)
From India, Chennai
Dear Dr P.SIVAKUMAR Sir,
Appreciate for your response & Guidance.
As mentioned earlier , I have escalated entire scenario with Top management including unethical and biased behavioral attitude of regional HR & management. onto my mail, grievance committee member has replied to me with assurance of fair and unbiased enquiry. Asking me to co-operate & support till date and time of enquiry notified.
I have replied them with very positively and assure them that I can comply full co-operation to them.
In that mail communication from grievance team, no local management was involved, How you look this sign ?
I wanted to escalate biased practice of concurrent management such harassment , discrimination based religion with audio recording evidence. please guide & advice on further to this.
I am really indebt for your reply & guidance.
From India, Surat
Appreciate for your response & Guidance.
As mentioned earlier , I have escalated entire scenario with Top management including unethical and biased behavioral attitude of regional HR & management. onto my mail, grievance committee member has replied to me with assurance of fair and unbiased enquiry. Asking me to co-operate & support till date and time of enquiry notified.
I have replied them with very positively and assure them that I can comply full co-operation to them.
In that mail communication from grievance team, no local management was involved, How you look this sign ?
I wanted to escalate biased practice of concurrent management such harassment , discrimination based religion with audio recording evidence. please guide & advice on further to this.
I am really indebt for your reply & guidance.
From India, Surat
Dear Colleague,
For your current situation, I personally suggest for some time you confine and restrict your actions only connected to the Domestic Enquiry and the present subject only. Any escalation in general will give you a color now. Hence over come the present crisis with positivity and as you strongly believe your side is genuine.
In case of other discriminations, it has to be spoken by all employees together and you individually do not get noticed and get victimized. After all all Managements will analyze pros and cons only from business perspective. Hence for now my suggestion is to limit to overcoming your present challenges. Keep trying for next employment also and once you are safer in getting and joining next employment personally, as as well wisher to the previous organization you may escalate such aspects only to the top management confidentially so that it will be helpful to them to correct their systems.
This is based on many of my friends personal experiences which was not at all good when escalating such matters and the were plotted for sending out. After all we are living in such a world where we need to be tactful also. There may be different views to this point but this is my personal view out of 30 years of past experiences and experiences from my friends.
From India, Chennai
For your current situation, I personally suggest for some time you confine and restrict your actions only connected to the Domestic Enquiry and the present subject only. Any escalation in general will give you a color now. Hence over come the present crisis with positivity and as you strongly believe your side is genuine.
In case of other discriminations, it has to be spoken by all employees together and you individually do not get noticed and get victimized. After all all Managements will analyze pros and cons only from business perspective. Hence for now my suggestion is to limit to overcoming your present challenges. Keep trying for next employment also and once you are safer in getting and joining next employment personally, as as well wisher to the previous organization you may escalate such aspects only to the top management confidentially so that it will be helpful to them to correct their systems.
This is based on many of my friends personal experiences which was not at all good when escalating such matters and the were plotted for sending out. After all we are living in such a world where we need to be tactful also. There may be different views to this point but this is my personal view out of 30 years of past experiences and experiences from my friends.
From India, Chennai
Dear Dr P.SIVAKUMAR Sir,
Thanks for your reply.
Onto your guidance , I feel to stick to current on-going crisis. after coup for its will reveal such issue to top management. As u also correct that, every discussion are solely based on business centric. So they will think on their management part.
As a solo/individual wouldn't affect their discrimination. but conscience will never allow to silent on such issue. After eliminate , will surely make issue showcased to them. up to them to correct their process or not.
Lastly, I am very much obliged for your guidance.
From India, Surat
Thanks for your reply.
Onto your guidance , I feel to stick to current on-going crisis. after coup for its will reveal such issue to top management. As u also correct that, every discussion are solely based on business centric. So they will think on their management part.
As a solo/individual wouldn't affect their discrimination. but conscience will never allow to silent on such issue. After eliminate , will surely make issue showcased to them. up to them to correct their process or not.
Lastly, I am very much obliged for your guidance.
From India, Surat
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