pls advice about my suspension
Sirs,I am a permanent employee of a large prvt company for 5 yrs working as a pa to the chairman posted at his residence.In continuation of last 2 thefts on 16/7/09 a theft was again reported by the chairman(Rs10000) to the house keeper who is not a permanent employee but acts as my boss.With the chairman's order my boss issued me and 3 of my helpers with a suspension letter for 1 month pending enquiry into the theft and till we would be without pay.The letter was handwritten in a plain white paper.Again on 24/7/09 there was a theft.This time the matter was reported to the police.Since then both the chairman and my boss are out of country.My helpers are casual staff.As now 1 month is over I have not yet been contacted by our efficent h r department .Now pls advice how should i handel the situation? As the second theft has proved my innosence how do i revange my hummilation?

From India, New Delhi
Dear Friend,
Your suspension is absolutely illegal for the following amongs reasons:
1) You have been suspended with out any in-house inquiry.
2) You have not been provided subsistence allowance during your suspension period.
3) The police case is indenpendent to your suspension and cannot be merged with your legal rights under labour law.
Suggest u to engage good lawyer and serve notice on your employer and initiate legal action.
Regards

From India, Vadodara
You would want to revenge your humiliation? Think again.
Yes - your boss was wrong when he suspended you for no mistake of yours. However the second theft has proved your innocence, and your non-involvement. Had you not been suspended earlier, you would have been questioned and doubted for the second theft.
So what I guess is - wait till your boss returns and ask him to give a satisfactory explaination on why he suspended you inspite of the previous years of experience, and why the HR department did not take an initiative to call you back.
Its just a suspension, not termination. Meaning that they did not completely doubt you. Talk to the HR dept and ask what is the current status. Try not taking it so much as a humiliation, becuase its a humiliation for your boss to have mis understood you, and not a humiliation for you. Revenge is a waste of time unless and until the results of it are in terms of profit! Take it from me.

From India, Madras
dear
your suspension is illegal because there can be no suspension without paying suspension allowance.what about charge sheet and what is further progress in this case.mr kawaljeet singh has said rightly in this regard.
j s malik

From India, Delhi
Don't think of revenge.
Legal action may not be a poper solution at this stage
Since you are suspended for one month, I think on expiry of one month you should report to duty.
The 2nd theft during your suspension period might have made the management realise that suspension is made to wrong people and payment may be made to you for that period on humanitarian ground.
On reporting to your duty, you may know the present situation and can think of next step.

From India, Hyderabad
It is very unfortunate that you are going through this situation. The fact that your HR has not contacted you shows that the letter given to you by your Boss is not official and he just wants to scare you so that you yourself leave the job. You should fight for your salary and ask your boss to hold enquiry and find the guilty. If this entire episode is not fare and transparent, then you should initiate legal action from your side.
Also note that the second theft will prove your innocence only towards that incident. There is no connection between the first and second incident. You can NOT put a point saying that the second theft happend when you were in suspension and hence you are innocent in first theft also.
Have courage and fight for justice. I wish you will come out of this very soon with flying colours.

From United States, San Diego
THANK U SIRS FOR UR ADVICE.I have come to know the Chairman & my boss would return on 1/9/09.So i wait till then.Am i in a wrong side as i have not contacted the office as suspension period is over? Thank u again. My e mail id
From India, New Delhi
My Friend, Still before giving any Comment on your Query, I still feel that there are lot many things which is to be put across open.
Can u Scan the suspension letter & post it across.
U say u want to take revenge. why this that u want to do.
If there is nothing in ur side, y u r getting this much annoyed
y u always refer to the Casual workers
How many times u have reported to the HR Department/Boss/Chairman about the behaviour of the worker who acts like your Boss
How a Worker will act as Boss to a Staff, only when the staff gives him the advantage to do.
Lot Many Questions Arise....
Can u please answer & come out in full Open, so as that we can help u better....

From India, Coimbatore
Dear Friend

I agree with Malik ji and Kuljit Pal Singh - do seek legal remedy.

Small companies under dictatorial Chairman & BoD, behave like landlords of yore, mistreating and humiliating their staff.

Other can not understand your humiliation, because they have never faced such a situation; where they have been accused of THEFT by the management, and they can keep their head held high in the society and be a source of inspiration for their families/dependents.

To doubt your integrity and label you as thief (under scrutiny) for a mere few thousand rupees - i understand your hurt and humiliation, and your urge to seek revenge.

I don't think you even got any subsistence allowance pending enquiry (usually half of monthly salary).

And I dont think there would be an order to revoke the suspension, and you would be given full salary for the month (without any work - because you were suspended by the company).

It is a ruthless Shylockian company where the Chairman looses his personal money - a mere few thousand rupees - and brands so many employees as thieves.

Because I know, the "competent HR" there (as rightly pointed out by you); do not even know all these, nor are they aware of any Disciplinary Procedure; else they would not have suspended so many employees for such trivial issue.

They think, Company is NOT liable to pay anything for suspension or during suspension. Let someone go to Labour Court, I am sure the Court will definitely teach them some labor laws, some principles of Natural Justice.

Please be brave. Let me know, what payments you (or the other workmen) received during the suspension. Meanwhile keep looking for another job.

Please don't use the term "revenge"; Courts do not look favourably at such usage of words. Instead use the correct emotion and feeling; say that you want to redeem your self-respect or need to be compensated for your mental agony and humiliation.

My sincere advise is to seek job elsewhere immediately, and due to recession if you face any problem, then go in for entrepreneurship (even open a small retail shop); rather than work for such a rotten company.

BE WARNED :

You may tend to disagree with my suggestion, please note that tomorrow you can be implicated in a major case.

Obviously, the management has targetted you, If they were not pleased with other workers, they would have been suspended excluding you. But they chose to implicate you.

If you get off the hook this time, tomorrow you may not be. Instead of being PA to the Chairman in such companies, you will be better off (financially, emotionally and spiritually) as a PS/EA in a good ethical company; preferably a PSU or an MNC.


From India, Delhi


Dear Raj Kumar

On Wat basis u say that the Persons involved are dictatorial ???. How many years you know these people. I am Amazed by your Fantastic Power to Know People just by the Postings of Others & make comments about them.




On Wat Basis, You have told that the others have not understood the problem. It is very surprising to give suggestions without understanding the entire issue. You have heard only his part of the story & u keep on giving suggestions & MisGUIDE him on the issue. But u never make him AWARE of the Ground Realities.



How many years of exp u have in managing people? Right through your career, have u grown only on basis of licking the feat of the management, if yes you think others also have grown up only by licking. Before feeling sympathy for others & their dependants, first feel pity on You & your Image put across the People. Sympathize you first & your own dependants.



On wat basis he has been labeled as thief, do u know the entire story. If you don’t know then why r u Instigating him to take revenge, thereby spoiling his entire life ahead.



Here everything is monotonous because, we give suggestions only based on the posting done by the member.



The person has not even come back on the queries that I have raised in my reply.



We have great people who can brand People just like that, without going into the micro details of the issues. We are good at using great rarely used English words & prove our vocabulary right. It is better to be as English Professor.



Make it to prove their point right only by seeing the Post (competent HR" there (as rightly pointed out by you); do not even know all these, nor are they aware of any Disciplinary Procedure; else they would not have)



Good thing is that u have mentioned not to use Revenge, I do not know why u have asked to use.



Asked him to seek a job elsewhere or become an entrepreneur. Your output of life is reflecting in that point. U have suggested opening a Betel Shop. That shows your output towards life.



U can given ample suggestions just by seeing the Post & not understanding the real picture. Not even showing interest in understanding the real Picture.

At last u have demoralized the person to very greater extent by saying him to become Peon in a PSU or MNC (u have mentioned that these are ethical companies)



Based on the response u have made, it clearly shows Ur understanding, knowledge about work culture & people.


From India, Coimbatore
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