Suspension from job show cause notice- reply
rahulburman
(Querist) 11 August 2014
This query is : Resolved
Sir/Madam,
I am working in an private firm and I have been served a suspension show case notice (on disciplinary grounds) and have been asked to reply immediately. I have two questions:
1.As the time frame of reply defined is "immediate", how much time can I take for reply?
2. If I am terminated can my gratuity be stopped? I have complete 5+ years in the organization.
Thanks
Rahul
Sudhir Kumar, Advocate
(Expert) 11 August 2014
suspension (i charges are proved) does not result in termination. It can result in dismissal.
malipeddi jaggarao
(Expert) 11 August 2014
No body will give show cause notice for suspension. They go straight away suspending the employee and then seen explanation before framing the charges. Suspension is an act to stop further damage to the institution by the employee and to cease the opportunity to tamper the evidence. I do not know whether your query suffers false information or your private company lacks knowledge. However, since it is a private firm, they need not follow the guidelines of disciplinary proceedings on par with the PSUs and Government Organisations. However, you can give reply within reasonable period say 15 days.
As regards your query, gratuity is awarded based on qualifying service and it does not have relation with the discharge of the employee.
You should come with full facts - any advice to you in the absence of full facts is not useful to you.
Dr J C Vashista
(Expert) 11 August 2014
"Immediate" implies as soon as possible but presumed to be not more than a week (generally).
I fully agree with the subject expert Sh. Sudhir Kumar, on proving the charge, suspension will be converted into dismissal and not termination.
Contact, consult and engage a local lawyer practicing in service matters.
Advocate. Arunagiri
(Expert) 11 August 2014
1. Immediate means, you have to reply treating this as top priority.
2. Gratuity can not be stopped.
Devajyoti Barman
(Expert) 11 August 2014
One week time is reasonable enough to fall in the category of immediate.
ajay sethi
(Expert) 11 August 2014
agree with experts
P. Venu
(Expert) 15 August 2014
In private employment, suspension itself could be a punishment.
Gratuity cannot be denied unless there is possibility of any amount because of you.
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
agree with the experts, gratuity cannot be denied until the charges are for misappropriation of funds.
Sudhir Kumar, Advocate
(Expert) 16 August 2014
read section 4(6) of Payment of gratuity act 1973
(6) Notwithstanding anything contained in sub-section (1), -
(a) the gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.
(b) the gratuity payable to an employee may be wholly or partially forfeited -
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
Sudhir Kumar, Advocate
(Expert) 16 August 2014
You have not stated the allegation s which are alleged against you.
Guest
(Expert) 16 August 2014
Gratuity can be forfeited on termination as a result of disciplinary action against the employee.
