Can Manager be suspended

Dear Raj,

So after you have been delegated the powers by your Management, this is the first case of indiscipline.

Conduct of every employee in an organisation is governed by the conduct rules applicable to him. The conduct rules may be called Standing Orders, or terms & conditions of contract of employment or Service Rules. The employee now committed also must be governed by certain service rules.

Whenver any complaint is received by you regarding misconduct of any employee, you have to ascertain what action is committed, whether that amounts to misconduct as per the service rules and whether that warrants for taking disciplinary action. You have to conduct a preliminary enquiry and make sure that the complaint is within the scope of the disciplinary procedure.

Suspension is not a punishment or it is not a must to take disciplinary action. If you are sure that the employee has committed an act which amounts to misconduct and there is a need to conduct a domestic enquiry and presence of the employee in the work place will affect the conduct of domestic enquiry, then only you have to suspend an employee. Normally, when any employee committed any serious misconduct the punishment of which may be termination of service, then only an employee is suspended.

During the suspension period, employee is entitled for subsistence allowance as per his standing orders.
That may be 50% of total wages for first 90 days, 75% of gross wages for next 90 days and 100% of gross wages beyond 180 days.

So first of all, conduct an informal preliminary enquiry and find out whether the said misconduct is committed. The complaint you received must be specific, mentioning the date, time, place of commiting the act of misconduct.

Dont proceed without concrete evidence to establish the misconduct. Be careful.

Since the Manager has admitted that he had committed the misconduct, you can give him a warning that he shall not commit misconduct in future and if he commits it will be viewed seriously.
If there is any financial loss, then ask him to pay loss incurred by your organisation due to his misconduct.

If you want to give any punishment to him then you have to conduct a domestic enquiry.

KCS Kutty, Chennai

dear
in your case you need not to constitute enquiry as he has already accepted his guilt and he can be suspended as punishment.period of suspension depends upon standing orders but generally it is three days and during this period he will not get any payment.
the suspension which mr kutty has written is supension pending enquiry but your suppension is punishment.
j s malik

Dear Malik Saheb,

Malik Saheb, you are right. I did not distinguish the two suspensions. Suspension pending enquiry and suspension as a punishment.

If Mr More wanted to impose the punishment of suspension ( as you said not exceeding three days), it shall be imposed by the competent authority to impose punishment. Mr More is given the powers by his board (mentioned in his earlier post). Hence he is competent. However, he has to refer to to the standing orders applicable to the employee concerned before taking a final decision, as standing orders vary from organisation to organisation.

Thank you Malik Saheb, once again for your guidance.

KCS Kutty, Chennai

Hi Mr. Kutty & Mr. Mallik

thanks for your reply, but i wnat to know wether Manager are applicable with Standing Order as they come under the non bargnable catagory. Yes they do come under company's certified service rules.

Raj

The names of Manager, Supervisor etc. categories are to be identified only by the powers delegated to them by the Management. Generally, the Supreme Court instucted to define the job such as sanctifoning of disciplinary powers to the subordinate; cheque drawing powers, leave sanctioning powers etc. If such powers are granted only, thel personnel can be identified as managerial category. ithout any inheritance powers to them, the personnel cannot be designated as Management only by the designation given to him by the Management. If rdally such powers are inherited to him, the suspension can be done based on prima-facie evidence and in the case refeered to he had accepted the guilty in writing. Futher action can be taken following natural justice. If no powers as said above is given to him, he is to be governed by the Standing Orders and if no Standing Orders are enforced in the organisation, Modeal Standing Order will apply to him also i.e. no one should be punished without being heard.

Sir,
As far as my knowledge goes a Manager is not a "workman" as defined under the ID Act etc. So when he not a worker, he is not eligible to protection under law which is given to the "Workman". So you can take legal action befitting his conduct.
Usually it is unadvisable for pardoning Management staff and giving them a second chance in the same location- as this may cause disgruntlement when you do not let of a workman when he committs a misconduct.
So either punish him or pardon him and transfer to another location /department so that the discipline in the company is maintained.
Think it over,
take care.