Anonymous
Guidance required, One of my knowns is going through domestic enquiry where the companies focus is on moral and ethical misconduct. He got discharged from a criminal case but the company has kept him on leave without pay in place of suspension for the last 1 n a half year and still delaying the closure report without giving proper reasons.
Guidance required for points mentioned below:-
1. Can a private company keep an employee on leave without pay for more than a year.
2. Any timeliness for completion of Domestic inquiry (private company)
3. Is there any way to ask for substance allowance for the survival of his family.
Regards

From India, Noida
KK!HR
1154

The description of the matter is definitely showing malice and victimisation. Since the criminal case has ended in discharge, is the departmental proceeding on the same set of evidence, then it needs to be examined as to whether it is double jeopardy (means repeated prosecution on the same facts). To keep an employee on forced leave without payment of salary pending disciplinary action is illegal and improper. Is the organisation rule providing for it? If so, it will not stand judicial scrutiny. Is there a rule providing for moral and ethical misconduct? The whole thing looks very vague and illegal, you may consult a good legal expert and take his opinion.
From India, Mumbai

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views using the reply box below. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone.

Please Login To Add Reply →






About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2021 CiteHRô

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server