Dear All,
I had been working with an organistaion since past 5 years. Recently I was interrogated regarding financial disputes, which I am by far no where related to.
Now all of a sudden i have been suspended from position and all my assets have confiscated alleging many charges on me.
All the allegations imposed are false and the company does not have proof to support those allegations.
For eg - One of the allegation says I am mostly absent from work, wherein my leave record says I have ample of leaves left and in addition my comp offs are also in balance.
This is just for example. They have put my salary on hold as well.
Please tell if there is any provision under indian labor law to file a case against my employer.
It has really disturbed me. Can i take a case for mental harassment for this.
Please help.
From India, Noida
I had been working with an organistaion since past 5 years. Recently I was interrogated regarding financial disputes, which I am by far no where related to.
Now all of a sudden i have been suspended from position and all my assets have confiscated alleging many charges on me.
All the allegations imposed are false and the company does not have proof to support those allegations.
For eg - One of the allegation says I am mostly absent from work, wherein my leave record says I have ample of leaves left and in addition my comp offs are also in balance.
This is just for example. They have put my salary on hold as well.
Please tell if there is any provision under indian labor law to file a case against my employer.
It has really disturbed me. Can i take a case for mental harassment for this.
Please help.
From India, Noida
First-Do not panic or get under tension about what is happening.
Be calm and collect evidence and facts in your favour.Now more details will be needed for members to advice.
What is your appointment/designation in the firm and how long are working with them?
What is the financial dispute and your connection to it?
What does your suspension order say?
Was there any enquiry conducted -if son on what specific charges?
What assets of yours have been confiscated?
Consult a lawyer and send them a detailed reply.
There are legal remedies to every problem.
If one is innocent it is not easy to punish in this fashion and get away.
From India, Pune
3131Be calm and collect evidence and facts in your favour.Now more details will be needed for members to advice.
What is your appointment/designation in the firm and how long are working with them?
What is the financial dispute and your connection to it?
What does your suspension order say?
Was there any enquiry conducted -if son on what specific charges?
What assets of yours have been confiscated?
Consult a lawyer and send them a detailed reply.
There are legal remedies to every problem.
If one is innocent it is not easy to punish in this fashion and get away.
From India, Pune
Dont worry i have best lawyer team contacts, they are ready to su your company , just waiting for your reply.
From India, Mumbai
From India, Mumbai
Adding to above kindly collect all evidence and try to reach media so u can get justice without approaching the legal systems as its time delay process . You can reach media very easily as they are waiting for news.
From India, Mumbai
From India, Mumbai
Employer can't terminate/suspend any employee without having proved allegation against the employee.In this case you can challenge them also.
However any act of separation should be governed by the T&Cs mentioned in the appointment letter.
Now talking about the other allegation. ...Remember having leave balance & comp off in your account doesn't mean that you can take leave any time . Prior taking leave one need to take approval from the reporting boss or HR or as per policy of the concerned company. Normally leaves are approved keeping certain things in mind like workload in the department, urgency of work, already few of your team members are on leave etc etc so that the departmental work doesn't get hampered.
So in your case if you went for leaves without approvals ie remain absent then this will attract disciplinary action against you along with poor departmental performance. In this case they should issue warning letter to you firstly . Without giving chance employees to improve they can't terminate anybody.
In case the allegation is of extreme level, then they might issue "Show cause Notice" with a time frame of 24 / 48 / 72 hrs to close the case immediately, if they have valid proof with them.
Every employee should be given a chance of putting his side against any allegation. So don't worry and ask for the reason why did they suspend you and why did they hold your salary through mail.
From India, Delhi
However any act of separation should be governed by the T&Cs mentioned in the appointment letter.
Now talking about the other allegation. ...Remember having leave balance & comp off in your account doesn't mean that you can take leave any time . Prior taking leave one need to take approval from the reporting boss or HR or as per policy of the concerned company. Normally leaves are approved keeping certain things in mind like workload in the department, urgency of work, already few of your team members are on leave etc etc so that the departmental work doesn't get hampered.
So in your case if you went for leaves without approvals ie remain absent then this will attract disciplinary action against you along with poor departmental performance. In this case they should issue warning letter to you firstly . Without giving chance employees to improve they can't terminate anybody.
In case the allegation is of extreme level, then they might issue "Show cause Notice" with a time frame of 24 / 48 / 72 hrs to close the case immediately, if they have valid proof with them.
Every employee should be given a chance of putting his side against any allegation. So don't worry and ask for the reason why did they suspend you and why did they hold your salary through mail.
From India, Delhi
Dear
As evident above, there are many gaps of information.
It is difficult to suggest anything concrete in the absence of information, as asked by members.
However, as things stand, an employer can not take such extreme steps unilaterally.
You may be having sufficient grounds to take legal action.
Being a lady, Law provides ample safeguards and protection to you. Plz take advantage of these, and dont get cowed down or become a victim of Workplace Bullying.
Warm regards.
From India, Delhi
As evident above, there are many gaps of information.
It is difficult to suggest anything concrete in the absence of information, as asked by members.
However, as things stand, an employer can not take such extreme steps unilaterally.
You may be having sufficient grounds to take legal action.
Being a lady, Law provides ample safeguards and protection to you. Plz take advantage of these, and dont get cowed down or become a victim of Workplace Bullying.
Warm regards.
From India, Delhi
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