Query Regarding Unfair Dismissal By Employer - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Nathrao
Insolvency N Gst Professional
Shrutika Muthu
Assistant Manager
+3 Others

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I have been working in a pvt
ltd company. Since last eight yrs. Co. Has suspended me since last 11days for some unfair practise or violation of rules in the work without issuing me suspension letter without gving me the duration of the suspension and wheter it will be paid or unpaid suspension.. I think it is very unfair after gving my 8yrs of employment to the co.Pls guide wht shuld I do..they are not proving my guilty or voilance...Pls guide...

Put up a strong but polite representation to the management. List out the facts of the case and ask for clarifications. You may have to take a legal approach if your direct efforts do not bear fruit.
I am shruitka, have been working in a pvt finance co since last 8.8yrs. Now co has suspended me since last 11 days stating that I have not not followed their policies and I am guilty in my work. They don't have proof of me being guilty. Thy have suspended me without gving any letter. Thy have not informed me the period of suspension and whether it will be paid or unpaid leave. They are just replying me that investigation is on...kindly suggest..if I have any options
Dear Shrutika,
As of now you are suspended and not dismissed. There is a difference between suspension pending enquiry and dismissal. Wait for few more days to complete the investigation.
In the meanwhile, you may put up application for completion of investigation as early as possible. Prolonged spell.of suspension may cause you economic hardship.
Why things have come to such a pass? Have they discovered any serious financial irregularity? Is there any change at the top leadership?
Thanks,
Dinesh Divekar

Dear Ma'am,
You are suspended for the a particular period the suspension may or may not result in dismissal. For the safety purpose I would like to advice you to write to management for asking the cause for the same also keep the copy or proof of communication with you which may create a valid ground for you in near future.Before expelling the company must have to send notice to employee as per the norms of company.
I hope this will be helpful for you.
Have a good day!

Pls guide me with suspension terms...
Can an employer suspend their staff without issuing any communication letter..
I don't know whether this is paid or unpaid suspension..
I am not told about my guilty..
Can I ask for some explanation from my company...
If yes, how should I go about it..
Pls guide..
Regards,
Shrutika.

Dear Shrutika,
Few insights for answering your query -
1. In what capacity you are working, with the company.
2. Does any of your company documents viz. Appointment Letter, Company HR Policy, etc. talks about suspension ?
3. If you are aware about the standing orders, what type of standing orders are applicable to your company, model or certified ?
4. As of now you may make a written communication with company about your joining back, as they have not informed you anything in writing till date.
Regards,
Mahesh

Dear Shrutika, you have not mentioned in which capaqcity & city you are working, whether you have been given all your due salaries, EL/Bonus etc. which falls due on completion of certain periods, i.e. month / year or so, since they have not given you any instructions in writing, its better that you do not discontinue going to your duty, may go daily at your reporting time, lodge yourself for duty, ask instruction from your senior, in such a way you will put pressure on the management to decide you case earlier. at the month end when other staff gets their salaries, and if you do not get, do not wait more, and straightly report the matter to the office of labour commissioner of the area where your Employer is operating, since they have not given you anything in writing, you are on duty if you report timely every day, and have right to demand the sues on continue basis, rest of the matter is subject of Industrial dispute else / payment of wages under shops and establishments. If you have any Union in the company, better to approach them without delay!
Suspension with out enquiry is illegal. Even before going for enquiry there should be a complaint, charge sheet, explanation from you and if the management is not happy with your explanation then basing on the seriousness of the misconduct only the suspension pending enquiry, this is basically on the sereiousness of the misconduct.
I suggest you to identify a professional labour consultant / lawyer obtain the advise, approach the labour department and then proceed legally.
Regards - kamesh

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