Labour Law & Hr Consultant

Thread Started by #kamal-bandi

Sir or madam. My friend his working for a bank for the past 12 years. He got suspension order and show cause notice mentioning some alleged gross violations on the same day. Reply for show cause notice also given in 10 days from receipt of show cause notice ..
It is been already 45 days over since he has placed under the query is whether bank can suspend him before issuing the show cause notice ...
And the allegations made in the show cause notice replied properly. He is having housing loan car loan and some other loans with the bank In case if he terminated from service how bank will recover the loans and ....whether bank will mention about the suspension issue in the experience certificate...what are all the legal options available to him.
12th June 2018 From India, Vadodara
The employer can place his employee under suspension by way of punishment or in view of charges of certain misconduct either contemplated or pending enquiry if so provided for in the standing orders/service regulations or the contract of employment as the case be.
Suspension by way of punishment is called punitive suspension and as such the employee is not entitled to any subsistence allowance or salary and the period would not be counted for continuity of service though the contract of employment remains intact. However, the maximum no of days of punitive suspension is limited by the provisions of the standing orders/service regulations or contract of employment.
The second type of suspension which is called suspension pending enquiry is generally resorted to when some serious misconducts are noticed on the part of the employee and an enquiry in this regard is contemplated or in progress. Immediate reply by the employee to the show cause notice can not be a bar on the right of the employer to place the employee under suspension. The employer can keep the employee under suspension till the final orders are passed in the disciplinary proceedings. However, certain restrictions are imposed on the employer in this regard. The employer has to pay subsistence allowance for the entire period of suspension subject to the conditions stipulated under the standing orders/service regulations or the contract of employment.
Even if the standing orders/service regulations or the contract of employment is silent about suspension of an employee, still the employer has the power to suspend for it is an inherent power with the power to employ such an employee. But, he has to pay him normal salary/wages as long as the suspension continues. This is the legal position of suspension of an employee by his employer.
The poster seems to have come to the hasty conclusion that the employee would be terminated at any cost while his post is silent about the subsequent events following the suspension of the employee. Better the poster should answer the following questions:
1)Whether any domestic/departmental enquiry was ordered?
2) Whether any subsistence allowance was periodically paid?
12th June 2018 From India, Salem
Yes departmental enquiry ordered and subsistence allowance also paying to him
13th June 2018 From India, Vadodara
In that case, your friend has no option other than awaiting the enquiry findings and the final orders to be passed.
13th June 2018 From India, Salem
People can be placed under immidiate suspension or kept away from the job, where the nature of complaint is gravious. Your friend is working in bank his allegation might be fradulant or cash embazelment.
Advice your friend to prepare himself how to defend his case as per the show cause notice for alleged misconduct. He can take the help of an advocate or a consultant deals in this type of matter for assistance. Mr. Umakanthan has given a beautiful narration over your querry to understand the things as whole.
14th June 2018 From India, Mumbai
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