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Suspension before Show Cause Letter or Domestic Inquiry

Fri, 25 Mar 2016 11:10:44 AM  (Last updated: Fri, 25 Mar 2016 12:35:27 PM)

Dear Sir,

I hope you are well.

My friend is being suspended for 2 weeks without pay by the company due to misconduct as stated in the letter dated 26/02/2016. The reason is he has been found absence from work and did not pick up calls (3 times) from the HR Department on 26/02/2016. He was on medical leave and sick on bed which cause him not be able to inform his superior in time. In between of the suspension period, the company issued him a show cause letter and request him to furnish an explanation in writing by 08/03/2016. He replied with the attachment of the medical certificate. The company continue to issue him a letter to extend the suspension period to another 2 weeks without pay and requested him to attend the domestic inquiry on 23/03/2016. Now, the company extended another 2 weeks of the suspension period without pay as they are still pending decision after the inquiry.

Q1: Is the above procedure implemented by the company appropriate?

Q2: Can the company don't pay him during the suspension period?

Q3: What action can he take to defend himself, if he found not guilty?

Thanks for your advise.

KL Siew
Fri, 25 Mar 2016 12:35:27 PM

You can refer to Section 14 of the EA for some info about your case. Anyway, employers cannot keep suspending employees without pay. This will go against the said Section 14. If you are the one who got such suspension, you can bring the matter up with the Labour Department.

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