What if the employer has given a suspension notice without a show-cause notice or without giving any charges (saying charges will follow)? If the employee has been a perfectionist at work, highly qualified, and the suspension is given out of jealousy, which can be cleared in any court, what about the defamation and damage caused to the employee? What can be done about that? Please advise.
From India, Mumbai
From India, Mumbai
Dear Suchitra,
It is not necessary that an employee be given a show-cause notice or charge sheet first and then be suspended. The employer can suspend an employee pending investigation, charge sheet, inquiry, or further action into an incident, misconduct, or allegation since the objective of suspension is to facilitate an investigation or inquiry into the matter in an objective manner. Therefore, suspension is valid without a show-cause notice.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
57It is not necessary that an employee be given a show-cause notice or charge sheet first and then be suspended. The employer can suspend an employee pending investigation, charge sheet, inquiry, or further action into an incident, misconduct, or allegation since the objective of suspension is to facilitate an investigation or inquiry into the matter in an objective manner. Therefore, suspension is valid without a show-cause notice.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
If after the suspension is over & one puts in for VRS ( employed in Public Sector) is a gap of 1 year mandatory to again seek employment in another similar servicw Public Sector ?
From India, Mumbai
From India, Mumbai
Ms. Suchitra,
I do not know which public sector you are referring to. But if he opted for VRS not under pension regulations but under a special scheme floated by the public sector undertaking, the scheme usually contains a clause that they are not eligible for re-employment in any similar public sector undertaking. You need to verify the scheme since the schemes vary from one undertaking to another.
Apart from this, public sector undertaking conduct rules usually contain a clause prohibiting a retired employee from engaging himself with any other establishment with which it has dealings for a period of two years. You need to verify the conduct regulations of the PSU concerned.
B. Saikumar HR & labour law advisor Mumbai
From India, Mumbai
I do not know which public sector you are referring to. But if he opted for VRS not under pension regulations but under a special scheme floated by the public sector undertaking, the scheme usually contains a clause that they are not eligible for re-employment in any similar public sector undertaking. You need to verify the scheme since the schemes vary from one undertaking to another.
Apart from this, public sector undertaking conduct rules usually contain a clause prohibiting a retired employee from engaging himself with any other establishment with which it has dealings for a period of two years. You need to verify the conduct regulations of the PSU concerned.
B. Saikumar HR & labour law advisor Mumbai
From India, Mumbai
B Saikumar, Where do I get this information & rules pertaining to Public sector VRS ? Suchitra S K
From India, Mumbai
From India, Mumbai
Ms.Suchitra You can try with Public sector banks which introduced the VRs in 2001. B.Saikumar
From India, Mumbai
From India, Mumbai
Dear B. Saikumar,
I belong to colleges governed by the UGC rules and affiliated with Mumbai University. I am a fully qualified individual with a doctorate, a strong bio-data, and valuable experience. The situation I faced involved envy and dirty politics, which unfortunately is the prevalent culture in my workplace. My college is well-known in the entire university for the unethical games played on employees.
I was in line for a promotion, but my Head of Department (HOD) was significantly underqualified compared to my qualifications. Despite this, no charges were brought against me as I always adhere strictly to the rule book. In such an unprofessional environment, shouldn't the institution be held accountable to certain standards? What steps can be taken in such a scenario?
Your guidance on this matter would be greatly appreciated.
Best regards, [Your Name]
From India, Mumbai
I belong to colleges governed by the UGC rules and affiliated with Mumbai University. I am a fully qualified individual with a doctorate, a strong bio-data, and valuable experience. The situation I faced involved envy and dirty politics, which unfortunately is the prevalent culture in my workplace. My college is well-known in the entire university for the unethical games played on employees.
I was in line for a promotion, but my Head of Department (HOD) was significantly underqualified compared to my qualifications. Despite this, no charges were brought against me as I always adhere strictly to the rule book. In such an unprofessional environment, shouldn't the institution be held accountable to certain standards? What steps can be taken in such a scenario?
Your guidance on this matter would be greatly appreciated.
Best regards, [Your Name]
From India, Mumbai
Ms. Suchitra,
Nobody can be penalized without being heard as per the principles of natural justice, which shall be read into the rules of the organization. Failing this, the action will be arbitrary and will not stand in a court of law.
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
Nobody can be penalized without being heard as per the principles of natural justice, which shall be read into the rules of the organization. Failing this, the action will be arbitrary and will not stand in a court of law.
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
Sir,
As mentioned to you earlier, since I have been following the rule book to the hilt, the charges (a specific charge, rather than multiple charges) which are not as per requirements for suspension in the University rules for suspension received from the college have been frivolous. Can I, by filing a case in the High Court, claim for damages done after the charges are answered and the inquiry outcome? How much can one claim for damage done to 25 years of experience and the reputation damage, not just within the institution but also outside it?
From India, Mumbai
As mentioned to you earlier, since I have been following the rule book to the hilt, the charges (a specific charge, rather than multiple charges) which are not as per requirements for suspension in the University rules for suspension received from the college have been frivolous. Can I, by filing a case in the High Court, claim for damages done after the charges are answered and the inquiry outcome? How much can one claim for damage done to 25 years of experience and the reputation damage, not just within the institution but also outside it?
From India, Mumbai
In my view, you cannot challenge suspension at this juncture since it is not required that the charges shall be specific before suspending an employee. An employee can be suspended pending an investigation or even before issuing a charge sheet. However, if the University rules make framing of specific charges a condition to be met before suspending an employee, then you must be sure that the charges are not specific. It is you who has to make a decision on it. I cannot comment on the desirability of challenging suspension at this juncture.
B. Saikumar
From India, Mumbai
B. Saikumar
From India, Mumbai
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