Guidance Required
One of my acquaintances is currently undergoing a domestic inquiry where the company's focus is on moral and ethical misconduct. He was acquitted in a criminal case, but the company has placed him on leave without pay instead of suspension for the past one and a half years, and they are still delaying the closure report without providing proper reasons.
Guidance Needed on the Following Points
1. Can a private company put an employee on leave without pay for more than a year?
2. Is there a specific timeline for completing a domestic inquiry in a private company?
3. Is there a way to request a subsistence allowance to support his family during this period?
Regards
From India, Noida
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One of my acquaintances is currently undergoing a domestic inquiry where the company's focus is on moral and ethical misconduct. He was acquitted in a criminal case, but the company has placed him on leave without pay instead of suspension for the past one and a half years, and they are still delaying the closure report without providing proper reasons.
Guidance Needed on the Following Points
1. Can a private company put an employee on leave without pay for more than a year?
2. Is there a specific timeline for completing a domestic inquiry in a private company?
3. Is there a way to request a subsistence allowance to support his family during this period?
Regards
From India, Noida
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Malice and Victimization Concerns
The description of the matter is definitely showing malice and victimization. Since the criminal case has ended in discharge, is the departmental proceeding based on the same set of evidence? If so, it needs to be examined to determine whether it constitutes double jeopardy (repeated prosecution on the same facts).
Forced Leave Without Pay
Keeping an employee on forced leave without payment of salary pending disciplinary action is illegal and improper. Does the organization's rule provide for this practice? If so, it is unlikely to withstand judicial scrutiny. Is there a rule addressing moral and ethical misconduct? The situation appears quite vague and potentially illegal. It may be advisable to consult a legal expert for guidance.
From India, Mumbai
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1593The description of the matter is definitely showing malice and victimization. Since the criminal case has ended in discharge, is the departmental proceeding based on the same set of evidence? If so, it needs to be examined to determine whether it constitutes double jeopardy (repeated prosecution on the same facts).
Forced Leave Without Pay
Keeping an employee on forced leave without payment of salary pending disciplinary action is illegal and improper. Does the organization's rule provide for this practice? If so, it is unlikely to withstand judicial scrutiny. Is there a rule addressing moral and ethical misconduct? The situation appears quite vague and potentially illegal. It may be advisable to consult a legal expert for guidance.
From India, Mumbai
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Why did this talented employee leave.doc