Suspension after submitting resignation letter
JANAK RAJ VATSA
(Querist) 28 April 2012
This query is : Resolved
A has served for 2.5 years in a coy with an unblimished records of service with continued appraisals. for better prospectus, he submits resignation on 10 apr giving 30 days notice as required under the service rules. on 18 the letter is acknowledged by the coy and on 19 apr, a letter is issued to the employee suspending him for criminal breach of trust, professional misconduct, loss to company, passing confidential information to others and so on. mail recd that coy detailing an enquiry officer for conducting the enquiry. can the employee join the new coy where he is selected during suspension period. can the employee take the assistance of an advocate during enquiry proceedings. can employee claim his pf contributions thru labour court from the coy. should employee cooperate or no during the enquiry for the false and fabricated allegations levelled by the company. what happens if the employee do not participate in the enquiry and joins his new coy.
Ahmed Daud Girach
(Expert) 28 April 2012
No but if new companies have no specific rules telling them fact u may join.
Seems the suspension is vitiated by prejudice as isssued after your resignation notice.Of course u know the truth. But if it is only your merit that you are selected new company will not have objection.Join new company then you will not have to do anything old company may issue you notice on the ground of double employment face it bravely and reply legally whenever any notice or legal actions are taken against you. If you are clear dont bother for old company.Querry if any may be raised on this post will be replied in due course.
JANAK RAJ VATSA
(Querist) 28 April 2012
dear mr ahmed, what is the procedure for the enquiry to be conducted by the enquiry officer. coy has said an advocate will be nominated as enquiry officer. can the employee also take assistance of an advocate durity the enquiry procededings. if so, what is required to be done. will the employee get full opportunity to cross examine the witnesses produced by the company. will any officer nominated to assist the employee during the enquiry proceedings. what happens if the employee does not attend the enquiry proceedings? how to recover the pf dues of last 2.5 years?will the statments be taken down in writing by the enquriy officer? will the cross examination and statements will be authenticated by the employee ?
Sudhir Kumar, Advocate
(Expert) 29 April 2012
will the employee get full opportunity to cross examine the witnesses produced by the company.
Ans : yes.
will any officer nominated to assist the employee during the enquiry proceedings.
Ans: No. the employee has to nominate his Def Asstt.
what happens if the employee does not attend the enquiry proceedings?
Ans : Ex-parte proceedings will be held in his absence and helooses right of cross examination.
how to recover the pf dues of last 2.5 years?
Ans : By complaint to EPFO requesting action undere section 7A of the EPF&MP Act 1952
will the statments be taken down in writing by the enquriy officer?
Ans : yes
will the cross examination and statements will be authenticated by the employee ?
Ans :yes.
You are advised to contact a knolegeable person to defend you. You have got time to find one.
RAJU O.F.,
(Expert) 30 April 2012
Please approach a local advocate practicing labour law matters on behalf of employees and take his guidance. Do not take hasty decisions, which may spoil your future career.
