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What to do if there is no charge sheet issued and suspension period also more than one year... Pls guide
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Without issuing a Charge-sheet to an Employed Person, Management's Action to Suspend thesaid Employee Pending Inquiry is Arbitrary, Unlawful, Untenable in Courts of Law and attract Penal Provisions.
The Laws of our Land do Not Ask Anyone if s/he shall Obey. That is Not the Choice. The Only Choice is HOW? Before or After Penalized and or Brought to Book.
Hence, even at this Late Stage, the Employed Person Must be Informed of theCharges ofActs of Misconduct leveled against him /her and in case the Employer deems it FitNecessary to Suspend him /her From Duty ( not allow entry in the Workplace) a Suspension Letter ( specifying why entry is not permitted, in writing) must be issued.
Then reasonable opportunity be give to theSuspended Employee to defend his /her Action alleged; Internal Inquiries conducted by an Impartial Inquiry Officer duly appointed by the Employer which must be held in accordamce with Principles of Natural Justice. Therafer only, based on definite and conclusive Findings the Punishing Authority need to decide Condonation or proportionate Punishment.
Kritarth Team,
Bengaluru Office,
28.4.2019
Hello,
I was working with group hotel for 1 year,
First HR Sir informed me that I was resticated till enquiry and after 8 day's HR manager told me that I cannot continue job as I have not given right information about tip amount which was given by guest directly to bell boy and it means for them it was fraud.
He ask me to give him resignation letter and then only he can give me clearance with proper certificate ,I have given explanation then resignation letter as well, I want to know if management is wrong somewhere or me. I am suddenly become jobless what should I can do.
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