Hi Team, My name is Ramesh, from Kerala. I have been with an IT Company from 2020.
Due to medical issues, I was not able to reach office (which is a big IT Firm) when it was mandatory to reach office after the pandemic (2022, April).
The absence was a duration of 4 months but I have communicated the same with them. They say they were not informed.
In fact I have done that, but they kept on denying it. By that time my Mailbox was also deleted, so I cannot prove it.
After 4 months of absence, an Absconding Notice was issued followed a Domestic Inquiry.
I had replied the reason about my absence. But it was not replied-back for a long time.
(My account was blocked by then, but was still in their database, means I was not terminated)
After several calls made to them, they were awakened and a domestic inquiry was initiated.
(It took about 300 days for them ready to talk with me after my reply about absence reason)
For the Domestic Inquiry, 2 rounds were conducted and a 3rd one is about to begin titled 'Evidence Collection'.
Point 1: As I understand, as per labor rules, the Domestic Inquiry shall be completed within 90 days, otherwise I am eligible 75% of my salary.
Point 2: Even though their policy say about termination reasons, which is correct so far, shouldn't they following labor rules?
Qn. 1: Whether my Point 1 is correct?
Qn. 2: If Point 1 is correct, is it regarding the 75% salary is about Basic Salary or Take-Home salary?
Qn. 2.1: Which days are they? The day from which I have been issued Chargesheet or the day starting from Domestic Inquiry?
Qn. 3: Will there be any issues if I communicate directly with the Labor Office?
Qn. 4: Whether my Point 2 is correct?
Qn. 5: Aren't they supposed to answer me, why the Domestic Inquiry was delayed for about 300 days?
Note: I was not assigned with any task during my absence period.
Thanks in advance!
Ramesh
From India, Trivandrum
Due to medical issues, I was not able to reach office (which is a big IT Firm) when it was mandatory to reach office after the pandemic (2022, April).
The absence was a duration of 4 months but I have communicated the same with them. They say they were not informed.
In fact I have done that, but they kept on denying it. By that time my Mailbox was also deleted, so I cannot prove it.
After 4 months of absence, an Absconding Notice was issued followed a Domestic Inquiry.
I had replied the reason about my absence. But it was not replied-back for a long time.
(My account was blocked by then, but was still in their database, means I was not terminated)
After several calls made to them, they were awakened and a domestic inquiry was initiated.
(It took about 300 days for them ready to talk with me after my reply about absence reason)
For the Domestic Inquiry, 2 rounds were conducted and a 3rd one is about to begin titled 'Evidence Collection'.
Point 1: As I understand, as per labor rules, the Domestic Inquiry shall be completed within 90 days, otherwise I am eligible 75% of my salary.
Point 2: Even though their policy say about termination reasons, which is correct so far, shouldn't they following labor rules?
Qn. 1: Whether my Point 1 is correct?
Qn. 2: If Point 1 is correct, is it regarding the 75% salary is about Basic Salary or Take-Home salary?
Qn. 2.1: Which days are they? The day from which I have been issued Chargesheet or the day starting from Domestic Inquiry?
Qn. 3: Will there be any issues if I communicate directly with the Labor Office?
Qn. 4: Whether my Point 2 is correct?
Qn. 5: Aren't they supposed to answer me, why the Domestic Inquiry was delayed for about 300 days?
Note: I was not assigned with any task during my absence period.
Thanks in advance!
Ramesh
From India, Trivandrum
Hi,
https://www.citehr.com/643075-domestic_inquiry-not-going-smooth-mandatory-back_to_office-criteria.html
Looks like this post is continuation to the above link wherein Senior Member Mr.Madhu had already clarified.
From India, Madras
948https://www.citehr.com/643075-domestic_inquiry-not-going-smooth-mandatory-back_to_office-criteria.html
Looks like this post is continuation to the above link wherein Senior Member Mr.Madhu had already clarified.
From India, Madras
I do not have the benefit of the views of the Learned Madhu Sir.
My replies are as follows.
Point No. 1: There are certain rules that provide that the domestic inquiry has to be completed within a definite period, but that does not mean that once the time limit is crossed the inquiry is barred. So long as the principles of natural justice are followed even if the inquiry goes beyond such limits laid down, it does not become illegal. The onus of proving the bonafides of the inquiry is on the part of the management. So I am afraid this point may not help you much. Payment of 75% of salary beyond three months is a statuory necessity for a suspended employee, after the initial period of 50% salary as Subsistence Allowance for a suspended employee. It is not transpiring that you have been suspended from service so such a claim is debatable. There is an arguable point that although there is no suspension but keeping you out of office, blocking all communications, non-allotment of work, etc amounts to suspension and this is a clever ploy to deprive you of even subsistence-level existence.
Point No.2 There cannot be any agreement contrary to law. Even if they have such a clause and you have signed it in agreement, still it is not valid and enforceable.
This does not appear to be a complicated case to require 300 days to complete the inquiry.
In a nutshell it looks like a ripe case to move legally in the matter. You may consult a proper advocate in the labour field & pursue the options available.
From India, Mumbai
My replies are as follows.
Point No. 1: There are certain rules that provide that the domestic inquiry has to be completed within a definite period, but that does not mean that once the time limit is crossed the inquiry is barred. So long as the principles of natural justice are followed even if the inquiry goes beyond such limits laid down, it does not become illegal. The onus of proving the bonafides of the inquiry is on the part of the management. So I am afraid this point may not help you much. Payment of 75% of salary beyond three months is a statuory necessity for a suspended employee, after the initial period of 50% salary as Subsistence Allowance for a suspended employee. It is not transpiring that you have been suspended from service so such a claim is debatable. There is an arguable point that although there is no suspension but keeping you out of office, blocking all communications, non-allotment of work, etc amounts to suspension and this is a clever ploy to deprive you of even subsistence-level existence.
Point No.2 There cannot be any agreement contrary to law. Even if they have such a clause and you have signed it in agreement, still it is not valid and enforceable.
This does not appear to be a complicated case to require 300 days to complete the inquiry.
In a nutshell it looks like a ripe case to move legally in the matter. You may consult a proper advocate in the labour field & pursue the options available.
From India, Mumbai
There is no time limit stipulated in any law as to completion of domestic enquiry. When an employee is placed under suspension pending enquiry, then he shall be eligible for payment of Subsistence Allowance as per the provisions of the Payment of Subsistence Allowance Act, 1972. As per the said Act, 50% SA is payable for the first 90 days of suspension and 75% of SA is payable for the next 90 days from the date of suspension and 100% payable after 180 days till the domestic enquiry is completed and the final order is passed by the disciplinary authority.
As far as the enquiry is concerned, one has to deal with the HR, request them to complete the enquiry at the earliest. If there is inordinate delay in completion of enquiry by the Management, then, this can be raised before the court to prove Management's vindictive and malafide intention which will be a negative to the Management. If you say that you have been kept out of the office, not allotted work etc., it will be very difficult to prove. Hence, in my opinion, it is better to discuss and understand what the Management expects and sort out the issue amicably and look for alternate job and close the issue. You can be peaceful atleast.
From India, Madras
As far as the enquiry is concerned, one has to deal with the HR, request them to complete the enquiry at the earliest. If there is inordinate delay in completion of enquiry by the Management, then, this can be raised before the court to prove Management's vindictive and malafide intention which will be a negative to the Management. If you say that you have been kept out of the office, not allotted work etc., it will be very difficult to prove. Hence, in my opinion, it is better to discuss and understand what the Management expects and sort out the issue amicably and look for alternate job and close the issue. You can be peaceful atleast.
From India, Madras
Dear Mailrsr and KK!HR,
Thanks for the valuable information provided.
Kindly don't make this thread as closed as my third round of Enquiry is about to begin.
I shall update the results right here.
One additional point is, if they have provided salary while I was not present in the premises itself proves it is not an absconding case.
(as communications were still ongoing with the concerned persons in the company)
@Vmlakshminarayanan
Please don't close the thread.
Yes, it was related to another query but the scenario is different.
Thanks again!
From India, Trivandrum
Thanks for the valuable information provided.
Kindly don't make this thread as closed as my third round of Enquiry is about to begin.
I shall update the results right here.
One additional point is, if they have provided salary while I was not present in the premises itself proves it is not an absconding case.
(as communications were still ongoing with the concerned persons in the company)
@Vmlakshminarayanan
Please don't close the thread.
Yes, it was related to another query but the scenario is different.
Thanks again!
From India, Trivandrum
Hi,
I shall try to provide some general guidance based on common labor practices. For specific legal advice regarding your situation, it's best to consult with a labor lawyer or contact your local labour office.
Point 1: Completion of Domestic Inquiry within 90 days:
In many jurisdictions, there are guidelines or regulations specifying a reasonable time frame for conducting domestic inquiries. However, the specific time frame may vary depending on your location and local labor laws. It's important to consult with a legal professional or refer to local labor laws to determine the applicable time frame in your case.
Point 2: 75% Salary During Extended Inquiry Period:
If there are provisions in your employment contract, company policies, or local labor laws regarding salary during extended inquiry periods, they would typically specify whether it's based on basic salary or take-home salary. Again, this can vary depending on the jurisdiction and specific employment terms.
Point 2.1: Calculation of Days for Salary Eligibility:
The calculation of days for salary eligibility would likely be based on the specific terms outlined in your employment contract, company policies, or local labor laws. It could be from the day the charge sheet was issued or from the start of the domestic inquiry, depending on the applicable regulations.
Communicating with the Labour Office:
You have the right to seek advice and assistance from your local labor office. They can provide guidance on labor laws and regulations that may be relevant to your situation. It's generally advisable to consult with them if you have concerns about your employment situation.
Point 2: Company Policy vs. Labor Rules:
Company policies are generally expected to be in compliance with local labor laws. If there appears to be a discrepancy between company policy and labor regulations, it's advisable to consult with a legal professional or the labor office for clarification.
Delay in Domestic Inquiry:
The reason for the delay in the domestic inquiry is something you may want to discuss with your employer or seek advice from a labor lawyer. They may be able to provide insight into the reasons for the delay and whether it has any implications for your case.
Labour laws can be complex and can vary greatly depending on your location. It's crucial to seek advice from a legal professional who is familiar with the specific laws and regulations applicable in your jurisdiction.
Regards,
From India, Bangalore
I shall try to provide some general guidance based on common labor practices. For specific legal advice regarding your situation, it's best to consult with a labor lawyer or contact your local labour office.
Point 1: Completion of Domestic Inquiry within 90 days:
In many jurisdictions, there are guidelines or regulations specifying a reasonable time frame for conducting domestic inquiries. However, the specific time frame may vary depending on your location and local labor laws. It's important to consult with a legal professional or refer to local labor laws to determine the applicable time frame in your case.
Point 2: 75% Salary During Extended Inquiry Period:
If there are provisions in your employment contract, company policies, or local labor laws regarding salary during extended inquiry periods, they would typically specify whether it's based on basic salary or take-home salary. Again, this can vary depending on the jurisdiction and specific employment terms.
Point 2.1: Calculation of Days for Salary Eligibility:
The calculation of days for salary eligibility would likely be based on the specific terms outlined in your employment contract, company policies, or local labor laws. It could be from the day the charge sheet was issued or from the start of the domestic inquiry, depending on the applicable regulations.
Communicating with the Labour Office:
You have the right to seek advice and assistance from your local labor office. They can provide guidance on labor laws and regulations that may be relevant to your situation. It's generally advisable to consult with them if you have concerns about your employment situation.
Point 2: Company Policy vs. Labor Rules:
Company policies are generally expected to be in compliance with local labor laws. If there appears to be a discrepancy between company policy and labor regulations, it's advisable to consult with a legal professional or the labor office for clarification.
Delay in Domestic Inquiry:
The reason for the delay in the domestic inquiry is something you may want to discuss with your employer or seek advice from a labor lawyer. They may be able to provide insight into the reasons for the delay and whether it has any implications for your case.
Labour laws can be complex and can vary greatly depending on your location. It's crucial to seek advice from a legal professional who is familiar with the specific laws and regulations applicable in your jurisdiction.
Regards,
From India, Bangalore
In the given facts, the alleged time limit for conducting the enquiry appears to be directory not mandatory. It is equally relevant whether the delay is attributable to the delinquent employee.
If you have been placed under suspension, you are entitled to enhanced subsistence allowance. However, in this aspect also, it is a deciding factor if the delay is attributable to the employee.
It is not clear whether you are a workman; if not, any remedy requires approaching a civil court.
From India, Kochi
If you have been placed under suspension, you are entitled to enhanced subsistence allowance. However, in this aspect also, it is a deciding factor if the delay is attributable to the employee.
It is not clear whether you are a workman; if not, any remedy requires approaching a civil court.
From India, Kochi
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Domestic enquiry procedures.doc
DOMESTIC ENQUIRY.ppt