Hi, I have been working in the General Insurance Sector for the last 8 years. Ten months ago, the company suspended me due to some illegal allegations of issuing fraudulent motor policies. During this period, the company has conducted 3 hearings, yet they have not found any proof against me. Whenever I email or call them, they do not reply. I want to know if there is any rule or law that after one year of suspension, I will automatically rejoin duty or if I need to request a relieving letter.
From India, Gwalior
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From India, Gwalior
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You are employed in a public sector insurance company for which all labor laws are applicable. You need to consult a good labor lawyer in your area for further proceedings. We do not know the reason as to why you have waited for 9 years to solve this non-employment.
From India, New Delhi
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450From India, New Delhi
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How long are you in suspension?
Is the domestic enquiry in progress or what is the state of affairs?
You can consult a good lawyer involved in labor law litigation and draft a legal notice to your company regarding the inquiry if it is not being finalized.
From India, Pune
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Is the domestic enquiry in progress or what is the state of affairs?
You can consult a good lawyer involved in labor law litigation and draft a legal notice to your company regarding the inquiry if it is not being finalized.
From India, Pune
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Dear Pradeep,
Since you are an employee of a public sector undertaking, your suspension would be covered under the service regulations of the undertaking. Normally, the tendency to place any employee under suspension indefinitely on the pretext of charges of serious misconduct or pending inquiry into the charges is curbed by the provisions for payment of subsistence allowance at higher rates with the duration of suspension. Unfortunately, some employers resort to the unethical practice of keeping the employee under suspension indefinitely for reasons best known to themselves just because subsistence allowance is being paid regularly as prescribed. Certainly, it cannot be an excuse for such a deplorable practice unless there are reasons like pending litigation, if any in this regard in any Court of Law.
Therefore, in view of the inordinate delay, you can make a representation to the Management to revoke your suspension and ask for appropriate repostings without prejudice to the pending disciplinary proceedings. If it is of no avail, you can move the High Court under its Writ Jurisdiction. Better consult an experienced Counsel in service matters.
From India, Salem
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Since you are an employee of a public sector undertaking, your suspension would be covered under the service regulations of the undertaking. Normally, the tendency to place any employee under suspension indefinitely on the pretext of charges of serious misconduct or pending inquiry into the charges is curbed by the provisions for payment of subsistence allowance at higher rates with the duration of suspension. Unfortunately, some employers resort to the unethical practice of keeping the employee under suspension indefinitely for reasons best known to themselves just because subsistence allowance is being paid regularly as prescribed. Certainly, it cannot be an excuse for such a deplorable practice unless there are reasons like pending litigation, if any in this regard in any Court of Law.
Therefore, in view of the inordinate delay, you can make a representation to the Management to revoke your suspension and ask for appropriate repostings without prejudice to the pending disciplinary proceedings. If it is of no avail, you can move the High Court under its Writ Jurisdiction. Better consult an experienced Counsel in service matters.
From India, Salem
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I have hired a high court lawyer, and the inquiry team offered me the option to bring a representative of my choice to the hearing. However, according to my lawyer, if we go to court, it could take at least 2-3 years to resolve. Therefore, we should wait for the management's decision. Currently, the company is providing me with half of my basic pay.
From India, Gwalior
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From India, Gwalior
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They are paying me half of my basic pay as salary, while I got to know that the company compensates 50% for the first 3 months, then 75% for the next 3 months, and finally 100% after 6 months. Can you please confirm if this applies to the basic pay or the net salary?
From India, Gwalior
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From India, Gwalior
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Normally, the subsistence allowance is based on the gross salary (excluding some kind of fixed allowance to defray special expenses peculiar to the performance of the job, like FTA for a touring employee for a certain minimum days on tour within a specified geographical area) last drawn prior to the date of suspension without any deductions.
From India, Salem
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From India, Salem
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Subsistence allowance has to be paid at 50% for the first 90 days and 75% for the next 90 days. If the enquiry is not completed within 6 months, it has to be paid at 100%. You can raise a dispute for this before the appropriate authority.
From India, New Delhi
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From India, New Delhi
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Have they given you a suspension order in writing? At which level was the suspension order issued? Have you appealed to the next higher authority in the chain to withdraw the order? You have not answered the question regarding the duration of the suspension. Normally, cases of suspension are to be dealt with on priority. The amount of subsistence allowance can be reassessed under FR 53(i),(ii) after three months. The full facts of the case have not been posted in the forum. To get better answers, more details will be needed.
From India, Pune
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From India, Pune
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Sir,
I am working with a private pharmaceutical company in Gujarat covered under the Sales Promotion Act. However, the company refuses to accept me as a WORKMAN. The company transferred me from Kanpur (U.P.) to Chennai (Tamil Nadu). As the company does not have any Standing Order, I requested to withdraw the same as I have 4 cases pending in the Labour court under section 33C(2) since 2008. The management served me a show-cause notice and conducted an inquiry, but after the report findings, they could not take any action. They are not paying me any salary or sustenance allowance since December 2014, stating that no salary or expenses are payable to me in Kanpur. During the inquiry, they only reimbursed my fare from Kanpur to Baroda and back. Is this justified? I have filed a dispute in the Labour Tribunal where they have only sent their representation and are now not responding. The last resort is to file in the Labour court. Until the court's decision, am I not eligible for 50% salary or sustenance allowance? Please enlighten.
Thank you.
From India, Kanpur
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I am working with a private pharmaceutical company in Gujarat covered under the Sales Promotion Act. However, the company refuses to accept me as a WORKMAN. The company transferred me from Kanpur (U.P.) to Chennai (Tamil Nadu). As the company does not have any Standing Order, I requested to withdraw the same as I have 4 cases pending in the Labour court under section 33C(2) since 2008. The management served me a show-cause notice and conducted an inquiry, but after the report findings, they could not take any action. They are not paying me any salary or sustenance allowance since December 2014, stating that no salary or expenses are payable to me in Kanpur. During the inquiry, they only reimbursed my fare from Kanpur to Baroda and back. Is this justified? I have filed a dispute in the Labour Tribunal where they have only sent their representation and are now not responding. The last resort is to file in the Labour court. Until the court's decision, am I not eligible for 50% salary or sustenance allowance? Please enlighten.
Thank you.
From India, Kanpur
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