Hi Team,
My name is Ramesh, from Kerala. I have been with an IT Company since 2020. Due to medical issues, I was unable to reach the office (which is a big IT firm) when it was mandatory to do so after the pandemic hit in April 2022.
My absence lasted for 4 months, during which I did communicate with them. However, they claim they were not informed. Despite my efforts to prove otherwise, including the deletion of my mailbox, they continued to deny my attempts to communicate.
Following the 4-month absence, an Absconding Notice was issued, leading to a Domestic Inquiry. I provided reasons for my absence, but there was a prolonged delay in their response. Although my account was blocked, I remained in their database, indicating I was not terminated.
After persistent calls, they finally initiated a Domestic Inquiry, which has now progressed to the stage of 'Evidence Collection' after two rounds.
Regarding the Domestic Inquiry, according to labor rules, it should have been concluded within 90 days, entitling me to 75% of my salary if not adhered to. Despite their policy on termination reasons, shouldn't they be following labor regulations?
Queries:
1. Is my understanding in Point 1 correct?
2. If so, is the 75% salary based on Basic Salary or Take-Home salary?
2.1 Which days count— from the issuance of the Chargesheet or the start of the Domestic Inquiry?
3. Would there be any repercussions if I directly contact the Labor Office?
4. Is my assertion in Point 2 accurate?
5. Shouldn't they be accountable for the 300-day delay in the Domestic Inquiry process?
Please note: I was not assigned any tasks during my absence period.
Thanks in advance! Ramesh
From India, Trivandrum
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1My name is Ramesh, from Kerala. I have been with an IT Company since 2020. Due to medical issues, I was unable to reach the office (which is a big IT firm) when it was mandatory to do so after the pandemic hit in April 2022.
My absence lasted for 4 months, during which I did communicate with them. However, they claim they were not informed. Despite my efforts to prove otherwise, including the deletion of my mailbox, they continued to deny my attempts to communicate.
Following the 4-month absence, an Absconding Notice was issued, leading to a Domestic Inquiry. I provided reasons for my absence, but there was a prolonged delay in their response. Although my account was blocked, I remained in their database, indicating I was not terminated.
After persistent calls, they finally initiated a Domestic Inquiry, which has now progressed to the stage of 'Evidence Collection' after two rounds.
Regarding the Domestic Inquiry, according to labor rules, it should have been concluded within 90 days, entitling me to 75% of my salary if not adhered to. Despite their policy on termination reasons, shouldn't they be following labor regulations?
Queries:
1. Is my understanding in Point 1 correct?
2. If so, is the 75% salary based on Basic Salary or Take-Home salary?
2.1 Which days count— from the issuance of the Chargesheet or the start of the Domestic Inquiry?
3. Would there be any repercussions if I directly contact the Labor Office?
4. Is my assertion in Point 2 accurate?
5. Shouldn't they be accountable for the 300-day delay in the Domestic Inquiry process?
Please note: I was not assigned any tasks during my absence period.
Thanks in advance! Ramesh
From India, Trivandrum
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Hi,
Here is the corrected text:
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Hi,
https://www.citehr.com/643075-domestic_inquiry-not-going-smooth-mandatory-back_to_office-criteria.html
It looks like this post is a continuation of the above link where Senior Member Mr. Madhu had already provided clarification.
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From India, Madras
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Here is the corrected text:
---
Hi,
https://www.citehr.com/643075-domestic_inquiry-not-going-smooth-mandatory-back_to_office-criteria.html
It looks like this post is a continuation of the above link where Senior Member Mr. Madhu had already provided clarification.
---
From India, Madras
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I do not have the benefit of the views of the Learned Madhu Sir.
My replies are as follows.
Point No. 1: There are certain rules that provide that the domestic inquiry has to be completed within a definite period, but that does not mean that once the time limit is crossed the inquiry is barred. So long as the principles of natural justice are followed, even if the inquiry goes beyond such limits laid down, it does not become illegal. The onus of proving the bonafides of the inquiry is on the part of the management. So I am afraid this point may not help you much. Payment of 75% of salary beyond three months is a statutory necessity for a suspended employee, after the initial period of 50% salary as Subsistence Allowance for a suspended employee. It is not transpiring that you have been suspended from service, so such a claim is debatable. There is an arguable point that although there is no suspension but keeping you out of the office, blocking all communications, non-allotment of work, etc. amounts to suspension and this is a clever ploy to deprive you of even subsistence-level existence.
Point No.2 There cannot be any agreement contrary to law. Even if they have such a clause and you have signed it in agreement, still it is not valid and enforceable. This does not appear to be a complicated case to require 300 days to complete the inquiry. In a nutshell, it looks like a ripe case to move legally in the matter. You may consult a proper advocate in the labor field & pursue the options available.
From India, Mumbai
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My replies are as follows.
Point No. 1: There are certain rules that provide that the domestic inquiry has to be completed within a definite period, but that does not mean that once the time limit is crossed the inquiry is barred. So long as the principles of natural justice are followed, even if the inquiry goes beyond such limits laid down, it does not become illegal. The onus of proving the bonafides of the inquiry is on the part of the management. So I am afraid this point may not help you much. Payment of 75% of salary beyond three months is a statutory necessity for a suspended employee, after the initial period of 50% salary as Subsistence Allowance for a suspended employee. It is not transpiring that you have been suspended from service, so such a claim is debatable. There is an arguable point that although there is no suspension but keeping you out of the office, blocking all communications, non-allotment of work, etc. amounts to suspension and this is a clever ploy to deprive you of even subsistence-level existence.
Point No.2 There cannot be any agreement contrary to law. Even if they have such a clause and you have signed it in agreement, still it is not valid and enforceable. This does not appear to be a complicated case to require 300 days to complete the inquiry. In a nutshell, it looks like a ripe case to move legally in the matter. You may consult a proper advocate in the labor field & pursue the options available.
From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply contains mostly accurate information. However, there are some clarifications needed regarding the timelines and the statutory provisions related to the situation. The user should be aware of the specific legal provisions and the implications of the delay in the domestic inquiry process.
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There is no time limit stipulated in any law as to the completion of a domestic inquiry. When an employee is placed under suspension pending an inquiry, then they shall be eligible for payment of Subsistence Allowance as per the provisions of the Payment of Subsistence Allowance Act, 1972. According to the said Act, 50% of SA is payable for the first 90 days of suspension, 75% of SA is payable for the next 90 days from the date of suspension, and 100% is payable after 180 days until the domestic inquiry is completed and the final order is passed by the disciplinary authority.
As far as the inquiry is concerned, one has to deal with HR, requesting them to complete the inquiry at the earliest. If there is an inordinate delay in the completion of the inquiry by the management, then this can be raised before the court to prove the management's vindictive and malafide intentions, which will be a negative for the management. If you mention that you have been kept out of the office, not allotted work, etc., it will be very difficult to prove. Hence, in my opinion, it is better to discuss and understand what the management expects, sort out the issue amicably, look for an alternate job, and close the issue. You can be peaceful at least.
From India, Madras
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As far as the inquiry is concerned, one has to deal with HR, requesting them to complete the inquiry at the earliest. If there is an inordinate delay in the completion of the inquiry by the management, then this can be raised before the court to prove the management's vindictive and malafide intentions, which will be a negative for the management. If you mention that you have been kept out of the office, not allotted work, etc., it will be very difficult to prove. Hence, in my opinion, it is better to discuss and understand what the management expects, sort out the issue amicably, look for an alternate job, and close the issue. You can be peaceful at least.
From India, Madras
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(Fact Checked)-The information regarding the time limit for completing a domestic inquiry and the provisions of the Payment of Subsistence Allowance Act, 1972 are correct. However, the user should be aware that labor laws may vary, and specific company policies should also be considered. It's advisable to seek legal advice or guidance to address the situation effectively. (1 Acknowledge point)
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Dear Mailrsr and KK!HR,
Thank you for the valuable information provided. Kindly do not close this thread as my third round of inquiry is about to begin. I will update the results right here.
One additional point is, if they have provided salary while I was not present on the premises, it proves it is not an absconding case (as communications were still ongoing with the concerned persons in the company).
@Vmlakshminarayanan, please do not close the thread. Yes, it was related to another query, but the scenario is different.
Thanks again!
From India, Trivandrum
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Thank you for the valuable information provided. Kindly do not close this thread as my third round of inquiry is about to begin. I will update the results right here.
One additional point is, if they have provided salary while I was not present on the premises, it proves it is not an absconding case (as communications were still ongoing with the concerned persons in the company).
@Vmlakshminarayanan, please do not close the thread. Yes, it was related to another query, but the scenario is different.
Thanks again!
From India, Trivandrum
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(Fact Check Failed/Partial)-The information provided in the user reply is not entirely accurate. The provision of salary during absence doesn't necessarily negate an absconding case. It's essential to focus on the company's policies and labor laws regarding absconding cases for a clear understanding.
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Hi,
I shall try to provide some general guidance based on common labor practices. For specific legal advice regarding your situation, it's best to consult with a labor lawyer or contact your local labor office.
Point 1: Completion of Domestic Inquiry within 90 days:
In many jurisdictions, there are guidelines or regulations specifying a reasonable time frame for conducting domestic inquiries. However, the specific time frame may vary depending on your location and local labor laws. It's important to consult with a legal professional or refer to local labor laws to determine the applicable time frame in your case.
Point 2: 75% Salary During Extended Inquiry Period:
If there are provisions in your employment contract, company policies, or local labor laws regarding salary during extended inquiry periods, they would typically specify whether it's based on basic salary or take-home salary. Again, this can vary depending on the jurisdiction and specific employment terms.
Point 2.1: Calculation of Days for Salary Eligibility:
The calculation of days for salary eligibility would likely be based on the specific terms outlined in your employment contract, company policies, or local labor laws. It could be from the day the charge sheet was issued or from the start of the domestic inquiry, depending on the applicable regulations.
Communicating with the Labour Office:
You have the right to seek advice and assistance from your local labor office. They can provide guidance on labor laws and regulations that may be relevant to your situation. It's generally advisable to consult with them if you have concerns about your employment situation.
Point 2: Company Policy vs. Labor Rules:
Company policies are generally expected to be in compliance with local labor laws. If there appears to be a discrepancy between company policy and labor regulations, it's advisable to consult with a legal professional or the labor office for clarification.
Delay in Domestic Inquiry:
The reason for the delay in the domestic inquiry is something you may want to discuss with your employer or seek advice from a labor lawyer. They may be able to provide insight into the reasons for the delay and whether it has any implications for your case.
Labour laws can be complex and can vary greatly depending on your location. It's crucial to seek advice from a legal professional who is familiar with the specific laws and regulations applicable in your jurisdiction.
Regards,
From India, Bangalore
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I shall try to provide some general guidance based on common labor practices. For specific legal advice regarding your situation, it's best to consult with a labor lawyer or contact your local labor office.
Point 1: Completion of Domestic Inquiry within 90 days:
In many jurisdictions, there are guidelines or regulations specifying a reasonable time frame for conducting domestic inquiries. However, the specific time frame may vary depending on your location and local labor laws. It's important to consult with a legal professional or refer to local labor laws to determine the applicable time frame in your case.
Point 2: 75% Salary During Extended Inquiry Period:
If there are provisions in your employment contract, company policies, or local labor laws regarding salary during extended inquiry periods, they would typically specify whether it's based on basic salary or take-home salary. Again, this can vary depending on the jurisdiction and specific employment terms.
Point 2.1: Calculation of Days for Salary Eligibility:
The calculation of days for salary eligibility would likely be based on the specific terms outlined in your employment contract, company policies, or local labor laws. It could be from the day the charge sheet was issued or from the start of the domestic inquiry, depending on the applicable regulations.
Communicating with the Labour Office:
You have the right to seek advice and assistance from your local labor office. They can provide guidance on labor laws and regulations that may be relevant to your situation. It's generally advisable to consult with them if you have concerns about your employment situation.
Point 2: Company Policy vs. Labor Rules:
Company policies are generally expected to be in compliance with local labor laws. If there appears to be a discrepancy between company policy and labor regulations, it's advisable to consult with a legal professional or the labor office for clarification.
Delay in Domestic Inquiry:
The reason for the delay in the domestic inquiry is something you may want to discuss with your employer or seek advice from a labor lawyer. They may be able to provide insight into the reasons for the delay and whether it has any implications for your case.
Labour laws can be complex and can vary greatly depending on your location. It's crucial to seek advice from a legal professional who is familiar with the specific laws and regulations applicable in your jurisdiction.
Regards,
From India, Bangalore
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(Fact Check Failed/Partial)-The user reply provides general guidance aligning with common labor practices but lacks specific legal details. It's advisable to consult a legal professional for precise advice.
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In the given facts, the alleged time limit for conducting the inquiry appears to be directory, not mandatory. It is equally relevant whether the delay is attributable to the delinquent employee.
If you have been placed under suspension, you are entitled to an enhanced subsistence allowance. However, in this aspect also, it is a deciding factor if the delay is attributable to the employee.
It is not clear whether you are a workman; if not, any remedy requires approaching a civil court.
From India, Kochi
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If you have been placed under suspension, you are entitled to an enhanced subsistence allowance. However, in this aspect also, it is a deciding factor if the delay is attributable to the employee.
It is not clear whether you are a workman; if not, any remedy requires approaching a civil court.
From India, Kochi
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(Fact Check Failed/Partial)-The user's reply contains inaccuracies regarding the time limit for conducting the inquiry and the entitlement to enhanced subsistence allowance. The information provided does not align with labor laws.
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(Fact Check Failed/Partial)-The user's reply does not provide a direct answer or clarification to the questions raised by the original post. It redirects to an external link without addressing the specific concerns raised by Ramesh. More detailed and specific guidance would be beneficial.