Struggling with Domestic Inquiry After Missing Mandatory Office Return: What Are My Options?

Hi, my name is Ramesh, and I have been working in the IT industry in Kerala for over 10 years. I have worked for two companies so far, and my last employment started on December 7, 2020. I was working from home due to the COVID situation and as per company instructions until April 12, 2022. There was a mandatory "back to office" policy in my company once the COVID pandemic was over from April 12, 2022.

Due to treatment, I was unable to return to the office, and after four months, I received an Absconding Notice in my personal mail on August 10, 2022, and a charge sheet on August 23 asking for the reason for my absence. I have replied with the answer. One day prior to receiving the Absconding Notice, my company login was locked. Later communications were from my personal mail, and I was asking them to unlock my account, but I only received a few replies. In 2023, I received a reply saying, "It is being investigated."

Later this year, an HR Manager called me asking for the reason and informed me that a Domestic Inquiry would be started, and my "relieving letter" would not be given. On July 24, 2023, a mail was sent to me saying the domestic inquiry will start, and the date will be informed. On July 27, 2023, the date was announced as August 1 for the first meeting for the Domestic Inquiry, where I explained the reason for my absence.

The report on August 3 stated that I accepted the charge of not coming to the office but provided the reason as treatment at home. Since then, no mails have been sent to me, and it will reach 90 days next month. During my absence of four months in 2022, my salary was credited because I was not part of any project.

After receiving the absconding notice last year, I was idle and unemployed for 12 months, and only then did they initiate the Domestic Inquiry. The maximum time period for the domestic inquiry will also end next month without the second meeting if not initiated.

Questions Regarding the Domestic Inquiry Process

Qn.1: If no second meeting is carried out before the Inquiry Completion - 90 days as per law, am I free of being guilty?
Qn.2: Can I ask for compensation for being kept idle for this long (14–15 months)?

Info: They say they need proof of a medical certificate, and I did not have it because it was a home treatment. However, I have provided addresses and phone numbers of genuine doctors and therapists.

Please help! Life is slipping away! I have admitted to depression, and even my marriage did not happen (I'm 35!)...

During the absence of 4 months in 2022, my salary was credited because I was not part of any project. Can I take it as a typographical error? Was my salary credited during this time, or was it not credited?

Consequences of Not Reporting to the Office

If you were directed to work from the office, then not reporting to the office is a serious misconduct, and based on that, the company can initiate action against you. Moreover, you were supposed to produce a medical certificate, which you did not do. Now, they can prolong the decision. The only way out is to approach the law enforcement officers. If you do that, your career will end there. The labor officer will not order a reinstatement but can interfere and ask the employer to conduct and finalize the inquiry at the earliest. If the company says that they were waiting for your medical certificate, then again, you will be at the gunpoint.

Options for Resolution

Now, if you resign, then the employer may issue a relieving order. Whether a positive remark can be ensured in it is purely managerial discretion, and even the labor officer can direct the employer to issue a favorable remark in any background verification. Therefore, the best possible way is to approach the company officials and plead to accept your resignation and relieve you. If you go legally, it will harm you only. And there is no law that says the inquiry should be completed in 90 days.

Yes, I have received my salary during my absence period. They have mentioned it as a serious offense too, though it was their mistake in the payroll.

Also, it is a big corporation, and I cannot fight with their lawyers. Since it was a home-based treatment, I cannot provide a medical report. The persons were legitimate (a doctor and a panchakarma therapist), and I provided them with the details.

But why are they delaying it even though I have provided all details in reply to the Charge Sheet? I was not part of any project and was serving in the Talent Pool, where I can search for inside projects. Now, I cannot apply to any company, and my career is nearing its end as it is the IT field.

What will be a possible escape scenario? All I need is a job, and I cannot apply for resignation since the inquiry is ongoing. No company, in my understanding, will provide a job without a relieving letter. Three days of absence is enough to give an absconding notice, but it was given after 4 months.

Mandatory Time Limit for Domestic Inquiry

There is a mandatory time limit of 90 days for a Domestic Inquiry, as per my understanding. The labor rule states that. If I surpass that period, will I be safe, and are they required to provide a relieving letter?

Misconduct and Employment Rules

Misconduct is misconduct only, and the certificates issued by such Ayurveda treatment centers are not even accepted as proof of having undergone treatment. Therefore, your excuses will be just defenses.

Understanding Subsistence Allowance and Inquiry Duration

I don't know of any labor law that suggests that after 90 days of an inquiry, the delinquent is relieved automatically. Normally, when an employee is placed under suspension, the employee is required to be paid a subsistence allowance at the rate of 50 percent of the salary for the first 90 days. If the inquiry is not over, then for the remaining period up to 180 days, he will be entitled to 75% of the salary, and if it is beyond 180 days, the employee shall be paid 100% of the salary. This is the rule as per the Act governing subsistence allowances in Kerala. But that does not mean that you should be relieved after 90 days. Moreover, you have not been placed under suspension, but you yourself have abandoned the job.

Defending Against Charges

There is no way that you can defend the charges leveled against you. Therefore, the only possible way is to accept the charges and plead to be relieved. If you go legally, as already mentioned, you will not get another employment. Therefore, talk to the HR Manager and the CEO and settle the matter amicably.

Thanks for the reply. Usually, employees leave for another company when they receive a higher offer, which is considered absconding in proper terminology. My case was different, and they are aware of that. There were some mistakes on their side as well, but they won't admit it, and I cannot fight it.

If I accept the charges, a termination letter along with a huge penalty could be issued, which no ordinary person can afford. If I try to join another company, they will definitely conduct a background check, and this "termination" will leave me stranded.

I think it is better for me to try to get into another company. When they ask for the reason for not having a relieving letter from the previous employer, I can confidently say it was due to treatment, and they are under investigation. Even if they contact the previous employer, I believe they cannot prove that I tried to escape since I wasn't in an active project.

As you said, I will wait so that there is at least a chance of money, and it's better not to email them asking to complete the inquiry ASAP. Some smaller companies could accept that, in my best hope.

From there, I can start over and dream big... Right?

Thanks...

Hi all, I was starting to post this to HR, but something stopped me...

The Domestic Inquiry Process

The Domestic Inquiry is getting too long, and I am still unemployed. As informed before, it was a home-based treatment, and I cannot get a Medical Report. All I can submit is a written letter from the doctor who treated me to show that it was a legitimate treatment. He cannot give a hospital seal as I was not admitted as a patient to their hospital.

Request for Guidance

Kindly inform me how to proceed. Otherwise, please allow me to resign formally and provide me with a relieving letter because I cannot join any other company without a relieving letter, and my career will end here.

Thanks

As already mentioned, when a proper medical certificate from a Panchakarma/Ayurveda treatment center is not accepted as proof of treatment, how can a letter from a doctor declaring that you were under his treatment at your own house be accepted?

Again, if you cite the reason for not having a proper relieving order before any prospective employer, it may not yield results because everyone will have the same situation in the company. Therefore, as previously suggested, an amicable settlement is the only way out. For that, you can seek the help of any person who can communicate effectively with the company. Even an outsider who can influence the company can act as a mediator for you. Try approaching the situation in that manner.

Thank you. Influencing is not good! That will create more trouble.

Application Process and Influence Check

When we apply for a posting, one question in any application will be "Do you know anyone in this company or do you have any relatives here?" This is to check for influenced entry. As an "absconder," it is more of a dangerous thing to try to bring an insider/outsider. Also, the inquiry is from a top-level associate.

Right now, I am waiting for their process because they have informed me that the second sitting will be planned and will be informed.

Alternative Options and Concerns

Another option is to present my second last employer's relieving certificate and attend the interview (2020). In that case as well, they can identify my last employer (from where the absconding occurred) by checking the EPF Account. Anyway, I will be writing a line in my resume as "stopped working because of Health Concerns" and explain that in the interview.

The 2020-2023 gap is also a concern anyway.

Thanks again!