I was working for LTD company in Bangalore. They have given me suspension for 60 days; the letter has been sent by mail only. However, I have not received any appointment letter from the company. Meanwhile, they have put my photo in the newspaper and informed that I am not working. Can I put a case on them?
From India, Bengaluru
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From India, Bengaluru
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If you have been suspended for 60 days via any order and you have not been given a proper opportunity to present yourself during the inquiry, you may proceed to the labor court for reinstatement with back wages. But if you knowingly abstain yourself from the inquiry, no one can help you in this regard. Then try to get another job.
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74From India
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Putting your photograph in the newspaper and stating that you are no longer working is highly irregular. They have suspended you for 60 days and not dismissed you. Do they take out such newspaper ads in the case of other suspended employees? Have they commenced any inquiry? You have grounds for seeking legal assistance. They are equally defaming you in public with this ad.
From India, Pune
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From India, Pune
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What is the reason for suspension in the first place Further, what has happened since then There seem to be gaps in your story
From India, Mumbai
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From India, Mumbai
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Dear Sudhar,
I would like to inform you that the company should provide a reason or grounds for suspending an employee.
After suspension, the company should conduct a domestic enquiry against the alleged employee and give an opportunity to the alleged employee to prove their innocence, under the principle of natural justice.
After completion of the domestic enquiry and based on the outcome of the enquiry reports, the company should act accordingly. The company should also give a subsistence allowance of 50% of the employee's salary for the suspension period.
The company should complete the enquiry within three months. Before the completion of the domestic enquiry, the company should not terminate the alleged employee.
Publishing the paper ad before completing the enquiry is a gross violation of the law and shows the ill intention of the employer.
If the employer fails to provide an appointment letter, it is also a gross violation of employment laws.
If all the above are true in your case, you can definitely challenge it.
Regards,
Govind Sagar
MPower HR and Labour Laws Solutions, Bangalore
9036368502
From India, Bangalore
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I would like to inform you that the company should provide a reason or grounds for suspending an employee.
After suspension, the company should conduct a domestic enquiry against the alleged employee and give an opportunity to the alleged employee to prove their innocence, under the principle of natural justice.
After completion of the domestic enquiry and based on the outcome of the enquiry reports, the company should act accordingly. The company should also give a subsistence allowance of 50% of the employee's salary for the suspension period.
The company should complete the enquiry within three months. Before the completion of the domestic enquiry, the company should not terminate the alleged employee.
Publishing the paper ad before completing the enquiry is a gross violation of the law and shows the ill intention of the employer.
If the employer fails to provide an appointment letter, it is also a gross violation of employment laws.
If all the above are true in your case, you can definitely challenge it.
Regards,
Govind Sagar
MPower HR and Labour Laws Solutions, Bangalore
9036368502
From India, Bangalore
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Dear Sud_,
You are saying that the company has not given any appointment order, yet at the same time, you are mentioning that the company has placed you under suspension, which we find questionable in terms of authenticity. How can the company take such a drastic action without an appointment order? On what grounds has the company considered you an employee? Is there an agreement where you committed to being an employee? Without clarity on these points, it is challenging to address your query. An appointment order may not always be issued but could exist in the form of an agreement between the employer and the employee. How long have you been working there?
Typically, an employee can be suspended based on the findings of an inquiry officer, subject to a domestic inquiry. Even the duration of a suspension is limited under the Industrial Disputes Act, 1947, as you mentioned it is 60 days, which exceeds the legal scope.
As our esteemed colleague Mr. S. Banerjee mentioned, there seems to be some undisclosed information you are withholding. Taking legal action against your company without substantial evidence of your employment is not advisable.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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You are saying that the company has not given any appointment order, yet at the same time, you are mentioning that the company has placed you under suspension, which we find questionable in terms of authenticity. How can the company take such a drastic action without an appointment order? On what grounds has the company considered you an employee? Is there an agreement where you committed to being an employee? Without clarity on these points, it is challenging to address your query. An appointment order may not always be issued but could exist in the form of an agreement between the employer and the employee. How long have you been working there?
Typically, an employee can be suspended based on the findings of an inquiry officer, subject to a domestic inquiry. Even the duration of a suspension is limited under the Industrial Disputes Act, 1947, as you mentioned it is 60 days, which exceeds the legal scope.
As our esteemed colleague Mr. S. Banerjee mentioned, there seems to be some undisclosed information you are withholding. Taking legal action against your company without substantial evidence of your employment is not advisable.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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A pattern is seen where querist asks for advice or clarifications. When members ask for additional information, there is no response. Even here, the first post is on 12 Dec and 5 members have tried to answer the query, but there is silence from the original poster. Sometimes this kind of silence raises questions on why the query was put up at all.
From India, Pune
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From India, Pune
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The query is incomplete. Please post all the material facts.
From India, Kochi
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From India, Kochi
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No allowance was paid . No enquiry & copy of it served to employee . Who represented employee or ex= parte . Lastly Nathrao is correct no correct feed back . Regards
From India, Mumbai
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From India, Mumbai
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The company is covered under the Shops and Establishment Act in Delhi. There are 3-4 cases where the outstation ex-employees, who are executives (not laborers), have still not taken their bonus checks despite our sending them the letters/emails. Last year also, the same thing happened in 2 similar cases. Shall we wait for 3 years to complete and deposit the amount with the Labour Welfare Fund? Please note, we are not covered under the Factories Act, and the persons concerned are not laborers.
From India, Delhi
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From India, Delhi
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