What if the employer has given suspension notice without showcause notice or either giving any charges (saying charges will follow) & if the employee has been a perfectionist at work , also being highly qualified & the suspension is given as a matter of jealousy which can be cleared in any court, what about the defamation & damage caused to the employee, what can be done about that / please advice.
From India, Mumbai
From India, Mumbai
Dear Suchitra
It is not necessary that an employee be given show cause notice or chargesheet first and then be suspended. the employer can suspende an employee pending investigation/chargesheet/enquiry or further action into an incident/misconduct/allegation since the object of suspension is to facilitate investigation or enquiry into the matter in an objective manner. therefore suspension is valid without Show cause notice.
B.saikumar
HR & Labour Law advisor
mumbai
From India, Mumbai
54It is not necessary that an employee be given show cause notice or chargesheet first and then be suspended. the employer can suspende an employee pending investigation/chargesheet/enquiry or further action into an incident/misconduct/allegation since the object of suspension is to facilitate investigation or enquiry into the matter in an objective manner. therefore suspension is valid without Show cause notice.
B.saikumar
HR & Labour Law advisor
mumbai
From India, Mumbai
If after the suspension is over & one puts in for VRS ( employed in Public Sector) is a gap of 1 year mandatory to again seek employment in another similar servicw Public Sector ?
From India, Mumbai
From India, Mumbai
Ms.Suchitra
I do not know which Public sector you are referring to.But if he opted for VRS not under pension regulations but under a special scheme floated by the public sector undertaking, the scheme usually contains a clause that they are not elible for re-employment in any similar publicsetor undertaking. You need to verify the scheme since the schemes vary from one undertaking to another undertaking. Apart from this, public sector undertaking conduct rules usually contain a clause prohibiting a retired employee from engagisng himself with any other establishment with which it has dealings for a period of two years. You need to verify the conduct regulations of the PSU concerned.
B.Saikumar
HR& labour law advisor
Mumbai
From India, Mumbai
I do not know which Public sector you are referring to.But if he opted for VRS not under pension regulations but under a special scheme floated by the public sector undertaking, the scheme usually contains a clause that they are not elible for re-employment in any similar publicsetor undertaking. You need to verify the scheme since the schemes vary from one undertaking to another undertaking. Apart from this, public sector undertaking conduct rules usually contain a clause prohibiting a retired employee from engagisng himself with any other establishment with which it has dealings for a period of two years. You need to verify the conduct regulations of the PSU concerned.
B.Saikumar
HR& labour law advisor
Mumbai
From India, Mumbai
B Saikumar, Where do I get this information & rules pertaining to Public sector VRS ? Suchitra S K
From India, Mumbai
From India, Mumbai
Ms.Suchitra You can try with Public sector banks which introduced the VRs in 2001. B.Saikumar
From India, Mumbai
From India, Mumbai
B. Saikumar,
Sir, I belong to Colleges governed by the UGC rules & Affiliated to Mumbai University. Sir, I am a fully qualified (Doctorate with a good bio-data & experience to my credit). It was a case of envy & dirty politics (which is the culture where I work & my college is well known in the entire University for the dirty games played on employees), as I was due for promotion where my HOD was too underqualified in front of my qualifications. Hence there are & were no charges given for the same as I am known to follow the rule book to the hilt. In such unprofessional atmosphere, are there not any rules which the institution is answerable to & what can be done? Please guide.
From India, Mumbai
Sir, I belong to Colleges governed by the UGC rules & Affiliated to Mumbai University. Sir, I am a fully qualified (Doctorate with a good bio-data & experience to my credit). It was a case of envy & dirty politics (which is the culture where I work & my college is well known in the entire University for the dirty games played on employees), as I was due for promotion where my HOD was too underqualified in front of my qualifications. Hence there are & were no charges given for the same as I am known to follow the rule book to the hilt. In such unprofessional atmosphere, are there not any rules which the institution is answerable to & what can be done? Please guide.
From India, Mumbai
Ms.Suchitra
No body can be penalisd without being heard as per the principles of natural justice which shall be read into the rules of teh organisation, failing which the action will be arbitrary and will not stand in acourt of law.
B.Saikumar
HR &Labour Law Advisor
From India, Mumbai
No body can be penalisd without being heard as per the principles of natural justice which shall be read into the rules of teh organisation, failing which the action will be arbitrary and will not stand in acourt of law.
B.Saikumar
HR &Labour Law Advisor
From India, Mumbai
Sir,
As mentioned to you earlier since I have been following the rule book to the hilt the charges ( so specific charge, rather multiple charges which are not as per requirements for suspension in the University rules for suspension received from the college has been frivilious Can I by filing a case for in High court claim for damages done after the charges are answered & the inquiry outcome ? How much can one claim for damage done to 25 yrs experience & the reputation damage not just within the institution but also outside it ?
From India, Mumbai
As mentioned to you earlier since I have been following the rule book to the hilt the charges ( so specific charge, rather multiple charges which are not as per requirements for suspension in the University rules for suspension received from the college has been frivilious Can I by filing a case for in High court claim for damages done after the charges are answered & the inquiry outcome ? How much can one claim for damage done to 25 yrs experience & the reputation damage not just within the institution but also outside it ?
From India, Mumbai
In my view, you cannot cahllenge suspension at this juncture since it is not required that the charges shall be specific before suspending an employee. an employee can be suspended pending an investigation or even before issuing a chargesheet. however the University rules make framing of specific charges as a condition to be met before suspending an employee, then you must be sure that the cahrges are not specific. It is you who has to take a call on it. I cannot comment on the desirability of cahllenging suspension at this juncture.
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
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