Legal Analyst, Hrm
Retired Government Servant/advocate
Bk Mohanty
Private Consultant On Labour Laws

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Dear team

My cousin is working as an employee in a private insurance company since 3 years. He has resigned his post on 09th August 2016. His superior had accepted his resignation on 10th August 2016. He is serving notice period for 30 days. On 1st September an investigation was happend against him. His last working date was 07th September. But he had received a letter from HR team in September month stating " you have been suspended from 30th August with 50% salary for investigation pending for misrepresentation of doubtful metrial facts have been submitted. He was not received his relieving from that organisation. He had continued working up to 04th October. He had not received August salary. But he had received his 50% salary for September month. On 3rd October he had received a system generated email from HR team that your resignation has been accepted. On 4th October he went to HR team to confirm on the same. They said that still the employee is under suspension and he had been sent from out of office to wait until the investigation gets closed. Still now no reply has been received from the organisation. Can he join in a new company or he has to wait till the investigation gets closed. As he was not able to survive without money. Please provide an emergency solution to his problem.

From India, Kozhikode

Attached Images
File Type: jpg 20161103_142241.jpg (2.08 MB, 96 views)
File Type: jpg 20161103_142204.jpg (2.31 MB, 53 views)

My Dear Anonymous friend,
I have perused both the letters you have enclosed in your queries. I have observed that your resignation was accepted and before you are relieved from duties, they have suspend you and have initiated some investigations against you. Their action is after thought and biased. It seems that they have not disclosed the irregularities alleged against you, which is highly improper. You can certainly ask the employer to provide a list of irregularities alleged against you so that you have an opportunity to prepare a reply for your defence.
BS Kalsi,
Member since August, 2011

From India, Mumbai
Your cousin cannot join in another company till he is relieved officially after acceptance of resignation and handing over of charge properly.
List of irregularities is not included in suspension order. The said list of irregularities, if any, will be available to him only on issue of a formal Charge Sheet after preliminary investigation is complete. Upon that he would get an opportunity to defend himself against the charge on irregularities. He can get relieved from the present post when cleared after holding of a regular domestic inquiry or departmental inquiry, as the case may be.

From India, Delhi
I agree with the version of Mr Kalsi. The certain irregularities should have been clearly mentioned by the management.You can also ask this in writing to the management.Since the suspension pending enquiry is from 30th August, the management had no business to stop your August salary which can be taken up by you as well.

From India, Bhubaneswar
The suspension appears to be less than an Order which is legally sustainable, it is mere communication from an unspecified authority. It could have legal effect only if duly authenticated and duly served upon the employee concerned.
so also, the alleged suspension is no ground for denying the salary for the month of August.

From India, Kochi
Dear Anonymous friend,
As you have mentioned that your cousin has been suspended from 30th August with 50% salary pending investigation and he has continued working up to 04th October. Payment at the rate 50% salary for the month of September seems to be okay, if the company's policy or Standing Orders supports this but it was not proper and legal to stop the salary for the month of August.
BS Kalsi,
Member since August, 2011

From India, Mumbai
Dear Shri Venu,
From the attachments made by the author, it clearly reveals that the author of the question has scanned only the text portion to avoid revealing the organisation as well as the signatory. Moreover, as per his version the employee is getting 50% of salary, which can be a subsistence allowance during suspension period. I am sure, you very well know that during suspension period salary is not allowed, only subsistence allowance is granted.

From India, Delhi
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