Dear Sir,
my self an industrial workman, working from 4 years, and in December-2019 i was elected as an office bearer with highest majority. Our company was always against to union and was trying to target whenever chance comes as we are arising many issues at RLC and Factory inspector. One day when i was talking to a management person regarding an issue, they framed that scene as a threatening to officer and issued a memo to me by saying i have pushed the person. As it was said in MEMO suspension pending inquiry, i have also given my explanation in written. But i came to know that they are intentionally delaying the inquiry. And i came to know that there is a CCTV at the incident which can clearly prove that i have not done any manhandling. Kindly suggest me what can i do now to resolve the issue. They are doing mouth publicity in the company by saying lie..
From India, Mysore
my self an industrial workman, working from 4 years, and in December-2019 i was elected as an office bearer with highest majority. Our company was always against to union and was trying to target whenever chance comes as we are arising many issues at RLC and Factory inspector. One day when i was talking to a management person regarding an issue, they framed that scene as a threatening to officer and issued a memo to me by saying i have pushed the person. As it was said in MEMO suspension pending inquiry, i have also given my explanation in written. But i came to know that they are intentionally delaying the inquiry. And i came to know that there is a CCTV at the incident which can clearly prove that i have not done any manhandling. Kindly suggest me what can i do now to resolve the issue. They are doing mouth publicity in the company by saying lie..
From India, Mysore
Suspension-Pending-Enquiry Letter is to be issued ONLY after issuing a Proper Charge-sheet/Show Cause Letter /Explanation-seeking Letter which Must Contain the a) Allegation/alleged Incident/Act of Misconduct in sufficient details; b) Date of Occurence of the incident/act of Misconduct; c) Time of the occurence of the alleged Incident and d) the Place of occurence of the alleged Incident.
After the said Charge-sheet is issued and duly received (or declined to be receieved as the case amay be) the Suspension-Pending Enquiry Oreder Letter is validly issued which in turn must contain a reference to the said Charge-sheet and the Employer's undertaking that Subsistence Allowance shall be paid.
Otherwise the Employer's Action Initiated so far amounts to Arbitrary, Improper, Unfair, Unjust and Vitiated Action.
Kritarth Consulting Pvt Ltd,
Management Caretakers,
Bengaluru Service Delivery Centre,
23.4.2020
From India, Delhi
200After the said Charge-sheet is issued and duly received (or declined to be receieved as the case amay be) the Suspension-Pending Enquiry Oreder Letter is validly issued which in turn must contain a reference to the said Charge-sheet and the Employer's undertaking that Subsistence Allowance shall be paid.
Otherwise the Employer's Action Initiated so far amounts to Arbitrary, Improper, Unfair, Unjust and Vitiated Action.
Kritarth Consulting Pvt Ltd,
Management Caretakers,
Bengaluru Service Delivery Centre,
23.4.2020
From India, Delhi
I am thankful to your patience for my problem. And so what step can i take now, as their main intention is to drag my enquiry.
From India, Mysore
From India, Mysore
Dear Mr Samuel, you have not elaborated on your Statement that "Management is interested in Dragging your Enquiry" As per your statement you are an Elected Office bearer of an Union.You may represent to Enquiry Officer regarding undue delay.Participate in the Enquiry & prove your innocence
From India, New Delhi
From India, New Delhi
Dear Samuel,
In my opinion, suspension pending chargesheet and enquiry order can be issued prior to it but without much delay between the suspension order and the chargesheet/enquiry.
In your case, you have only option of going through the enquiry process by availing all legal avenues more particularly having legally trained defense representive who can effectively prove allegedly false charges framed against you with proper evidence , documentary and oral as well as busting loopholes in the management's evidence.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant.
From India, Mumbai
In my opinion, suspension pending chargesheet and enquiry order can be issued prior to it but without much delay between the suspension order and the chargesheet/enquiry.
In your case, you have only option of going through the enquiry process by availing all legal avenues more particularly having legally trained defense representive who can effectively prove allegedly false charges framed against you with proper evidence , documentary and oral as well as busting loopholes in the management's evidence.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant.
From India, Mumbai
Dear Mr Nagarkar, "legally trained defense representive" Can Employee take the assistance in Domestic Enquiry.Will Enquiry Officer permit?
From India, New Delhi
From India, New Delhi
Dear Colleague Yes, only practicing Advocates/Lawyers are not permitted. Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
From India, Mumbai
Dear Member, are you referring to Subsistence Allowance, Are you referring to Non Employment Certificate, Please frame your question with due application of mind.Contact your Employer
From India, New Delhi
From India, New Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Disciplinary Memo.doc