Hr related

Your precise queries.

1.What is the time frame the HR from my current organisation should take in order to conduct their enquiry ?

It is not clear as to whether you are performing your duties and served notice period and as to whether your resignation is prior to WB complaint or after that.  It appears that you are serving a PSU.

The reasonable time is 180 days and can prolong after considering the facts and present circumstances.

2.    Can I ask for a copy of the Complaint they have received?

If you are a PSU employee you can try for getting a copy under RTI as per principles of natural justice and life or liberty clause (within 58 hours)
They can severe that complainant details or some facts that may disclose the name of WB and provide you a copy of the complaint, as even GOD has not punished ADAM without seeking an explanation.

What do you mean by last date of employement?

Dear Sir / Madam,

Thanks a lot for your response. To add to my not above , I am working for a private firm and not PSU.  I had put across my resignation on 24 April and the WBC has showcaused me on 30th which was supposed to be my last working day for which HR had sent me the documents and formalities to be done. The handover is completed.

Was your resignation accepted? What is issued - chargesheet or show cause notice?

If the other organization is willing to accept your reporting there is no problem.  You can get all those relieving certificates and emoluments once the case is closed.  Deal the issue in two parts.  1. First, decide on reporting new organization 2. Facing charge sheet.

If you have not filed your reply to the Charge sheet reply it immediately.  Write a separate letter asking for a copy of the complaint, as per Whistle Blower policy, as you are a victim and have to offer an explanation for the charges.. You are a better judge to decide as to whether there is strength in such charges or not.

The following are your allegations against the employer company

They have not paid a salary on time to all the employees and the company has fraud allegations in the UAE and London stock Market

You can demand your salary later and first getting out of the company is your priority.  Focus on that alone.

This is not the time for mudslinging on a company that employed you and there is no ultimate benefit to you by unnecessarily complicating the issue with comments in Open forums against the employer when only they have issued a charge sheet.  You are concerned now with getting your benefits and coming out clean.

Dear Mr. PRasad,

Thanks for your valuable suggestion. I have no intention of bringing disrepute to my current firm and hence I have not mentioned its name. However have put forward some facts which may be helpful for resolving the issue. I have currently being served showcause email and not chargesheet. My only question is can an employee be dragged in enquiry post his resignation ? I have email from my reporting manager who has forwarded the same with the relieveing date to the HR team, does that constitute to acceptance ? 

It appears that you have not posted all the material facts. What was the subject matter of your complaint to the WBC? What is the wrong that has been alleged in the SCN?

Mr.Vinod

Please go through all replies.

The concerned designated official that signed the appointment order should accept resignation letter and till the employee gets his relieving letter stating about the settlement of benefits, it is deemed that the employee is under service.

Mere forwarding can never be treated as acceptance of resignation and forwarding is just the first step for further processing of resignation and this is known to you.

The dates of reasonable knowledge of such irregularity/fraud/violation of employer and commencement of process towards disciplinary proceeding before the employee is relieved are relevant and you are also aware that the entire process commenced before you were relieved.

You are fully aware as to what constitutes acceptance of resignation and relieving and when the disciplinary proceedings started.  If your argument is proper and correct, those who have done fraud or financial irregularities, may immediately submit his resignation and get it forwarded in due course and claim that the employer can not take any action as the resignation was forwarded.  The benchmark is as to whether the employee has committed such irregularity during the course of employment and knowledge of such irregularity and commencement date of such actions against the employee.

If you are seeking legal/ medical advice, please come with clean hands. Non-representation of facts may harm your case. If you are not willing to discuss in public, you can approach a lawyer for private consultation. 

From your query, it seems that after you tendered your resignation, they issued notice of WBC. I am not sure, whether you have served notice period or not or whether managment accepted the resignation and issued notice of WBC thereafter. Also it is better to consult a lawyer with your letter of appointment, resignation letter, acceptance letter (if any) and notice of WBC. Otherwise it will be difficult to give proper suggestions.

However, you are always entitled to the copy of the complaint. If the company does not provide you the copy of the complaint and conducts the enquiry, then such enquiry will have no value in the eye of law as it will be a clear violation of principle of natural justice.