Employment issue Employment issue

8 months ago

My husband working in Tasmac has been suspended in December 2022,he didn't get the rejoining letter till now, what to do sir?

Anik

Responded 8 months ago

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A.Dear client,
Once the suspension is over, they'll be able to return to work as soon as possible. In most cases, that'll be an immediate restart.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

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A.Dear client,
Once the suspension is over, they'll be able to return to work as soon as possible. In most cases, that'll be an immediate restart.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
It appears that your husband was suspended pending departmental inquiry from the service for the commission of misconduct as defined in the service rules of TASMAC. So, until and unless the disciplinary proceedings are completed into the show cause or charge sheet by the Inquiry Officer and submit his findings/report holding your husband guilty of the charge brought against to the punishing authority, your husband shall remain under suspension. After scrutiny of the said report of the Inquiry Officer, the punishing authority shall serve a second show cause to your husband's employee, informing him that on proven misconduct management is going to take disciplinary action against him as recommended in the service rules or code of punishment and asking him for submission of reply/objection if any, to second show cause putting therein a mandate, and in case no reply or an unsatisfactory reply is received, then the management will issue the punishment order against your husband. However, till the issue of a final order of the punishment, the employee is entitled to receive a subsistence allowance at the rate of 50% for the first 90 days, and 75% for the remaining period of suspension if the delay is not attributable to the conduct of such workman. In the given situation, an employee can raise an industrial dispute u/s.10 of the Industrial Dispute Act, 1947 through a registered trade union for alleged and arbitrary action of the management before the Labour Commissioner of the State Govt. for revocation/setting aside of the suspension order and resumption of duty by the employee.
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