when employee is addmitted his guilt on his misconduct and he was suspened for 4 days, can company deduct his wages under NO WORK NO WAGES policy.
We have not conducted Enquiry Proceeding as employee has committed his misconduct.
Pleaes help
6th January 2009 From India , Thana
One need not conduct a fullfledged enquiry if the delinquent employee admits his guilt while replying the Show Cause Notice. Under the Standing orders framed under the Industrial Employment Standing Orders Act, for imposing major penalty of dismissal etc. enquiry is necessary.
$ days suspension is a permissible punishment but an employee cannot be suspened for more than 4 days under the Standing orders framed under the Industrial Employment Standing Orders Act. THe same analogy is applicable if the establishmentis governed by the provisins of the Bombay Industrial Relations Act, differnec being of the Standing Orders.
this punishment is a break in service disentitling him for the benefits of gratuity also, not just no work no pay.
Appointment of outsider as Enquiry Officer is insignificant with the quantum of punishment.
6th October 2013 From India , Nagpur
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