Hi, sir. I am working in a private MNC company. In this subject, please provide me with more information. I have been under suspension pending enquiry for the past 7 months. I am receiving a subsistence allowance of 90%, but a Charge sheet has not been issued, and no enquiry has been conducted.
Could you please inform me if there is a specific timeframe for issuing the Charge sheet and conducting the enquiry? Is this part of the natural justice process? Thank you.
From India, Chennai
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Could you please inform me if there is a specific timeframe for issuing the Charge sheet and conducting the enquiry? Is this part of the natural justice process? Thank you.
From India, Chennai
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In this connection, you may please shed more light on the following:
1) Reasons for your suspension from duty
2) What position are you currently holding?
From the percentage of subsistence allowance, it appears that your company is handling things in a proper way. As you have exceeded the 180-day suspension period, you are entitled to receive subsistence allowance at 90%.
Please provide detailed elaboration so that you can receive an expert opinion.
From India, Aizawl
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6991) Reasons for your suspension from duty
2) What position are you currently holding?
From the percentage of subsistence allowance, it appears that your company is handling things in a proper way. As you have exceeded the 180-day suspension period, you are entitled to receive subsistence allowance at 90%.
Please provide detailed elaboration so that you can receive an expert opinion.
From India, Aizawl
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Thanks for your reply sir I am working as a technician suspension reson work Slow down No verbal warning and not issued show cause notice and warning letter
From India, Chennai
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From India, Chennai
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Suspended pending inquiry for the past 7 months for slowing down work, yet charge sheet not issued shows that disciplinary action was decided in haste and there is not enough corroborative evidence. It looks like you are working in a factory.
Check the standing orders applicable to you. Payment of 90% wages as Subsistence Allowance is also questionable. It appears to be a case where it is decided to suspend you and take disciplinary action, the slowdown of work is being used as a reason for the same.
From the limited facts shared, it looks like victimization or prejudiced action, hence you may consider challenging it.
From India, Mumbai
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Check the standing orders applicable to you. Payment of 90% wages as Subsistence Allowance is also questionable. It appears to be a case where it is decided to suspend you and take disciplinary action, the slowdown of work is being used as a reason for the same.
From the limited facts shared, it looks like victimization or prejudiced action, hence you may consider challenging it.
From India, Mumbai
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Good evening, sir.
Thank you for your support and reply, sir. Is there a time limit for issuing a charge sheet and conducting an inquiry in this case? How can one challenge this legally, and which labor laws support this case? Please provide me with full details, sir.
From India, Chennai
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Thank you for your support and reply, sir. Is there a time limit for issuing a charge sheet and conducting an inquiry in this case? How can one challenge this legally, and which labor laws support this case? Please provide me with full details, sir.
From India, Chennai
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There is no laid-down formula for the time limit for issuing a charge sheet. Certainly, a 7-month delay is too much, and it looks like the action is biased and prejudiced. Since you are in a private MNC, writ remedy is not available, but as a 'workman' category, you can challenge the action in the Labour Court. Consult a good advocate practicing in Labour law matters.
From India, Mumbai
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From India, Mumbai
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You have a very strong case. From your answer (post no. 3), it is understood that you were neither given a verbal/written warning nor a Show Cause Notice (SCN). The practice of straightaway putting an employee in suspension from duty, without a warning letter, SCN, or Charge sheet, that too for a very long period, is unheard of.
As per normal industrial practice, if the instance is for the first time, a verbal or written warning is issued to the erring employee. If the misconduct is repeated, then an SCN or Charge sheet is issued and the employee is placed under suspension followed by a domestic enquiry. All these procedures are not followed by your company's management in your case.
As our learned senior member Mr. KKHR pointed out, you can approach a good advocate (who specializes in Labour & Industrial Laws) and involve the Labor office, as per his suggestion, to get rid of this.
From India, Aizawl
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As per normal industrial practice, if the instance is for the first time, a verbal or written warning is issued to the erring employee. If the misconduct is repeated, then an SCN or Charge sheet is issued and the employee is placed under suspension followed by a domestic enquiry. All these procedures are not followed by your company's management in your case.
As our learned senior member Mr. KKHR pointed out, you can approach a good advocate (who specializes in Labour & Industrial Laws) and involve the Labor office, as per his suggestion, to get rid of this.
From India, Aizawl
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Thank you for your support and reply, sir.
I apologize for the delayed response from my side.
As per your valuable suggestion, I met with a labor law advocate. I recommend consulting a good advocate specializing in labor law matters.
During my meeting with the labor law advocate, he suggested waiting for the charge sheet management to contact you for issuing the charge sheet. Upon receiving the charge sheet, you can enjoy the benefits of a 90% subsistence allowance payment. Please come and meet me after receiving the charge sheet.
Thank you.
From India, Chennai
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I apologize for the delayed response from my side.
As per your valuable suggestion, I met with a labor law advocate. I recommend consulting a good advocate specializing in labor law matters.
During my meeting with the labor law advocate, he suggested waiting for the charge sheet management to contact you for issuing the charge sheet. Upon receiving the charge sheet, you can enjoy the benefits of a 90% subsistence allowance payment. Please come and meet me after receiving the charge sheet.
Thank you.
From India, Chennai
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Translated charge sheet shrigopal soni.doc