What is Protection of employees during investigation? Section 218 of Indian Companies Act 2013

Protection of employees during investigation is defined under Section 218 of Indian Companies Act 2013. Provisions under these Sections are:

Section 218 of Indian Companies Act 2013 "Protection of employees during investigation"

(1) Notwithstanding anything contained in any other law for the time being in force, if -

(a) during the course of any investigation of the affairs and other matters of or relating to a company, other body corporate or person under section 210, section 212, section 213 or section 219 or of the membership and other matters of or relating to a company, or the ownership of shares in or debentures of a company or body corporate, or the affairs and other matters of or relating to a company, other body corporate or person, under section 216; or

 

(b) during the pendency of any proceeding against any person concerned in the conduct and management of the affairs of a company under Chapter XVI, such company, other body corporate or person proposes -

(i) to discharge or suspend any employee; or

(ii) to punish him, whether by dismissal, removal, reduction in rank or otherwise; or

(iii) to change the terms of employment to his disadvantage,

the company, other body corporate or person, as the case may be, shall obtain approval of the Tribunal of the action proposed against the employee and if the Tribunal has any objection to the action proposed, it shall send by post notice thereof in writing to the company, other body corporate or person concerned.

(2) If the company, other body corporate or person concerned does not receive within thirty days of making of application under sub-section (1), the approval of the Tribunal, then and only then, the company, other body corporate or person concerned may proceed to take against the employee, the action proposed.

(3) If the company, other body corporate or person concerned is dissatisfied with the objection raised by the Tribunal, it may, within a period of thirty days of the receipt of the notice of the objection, prefer an appeal to the Appellate Tribunal in such manner and on payment of such fees as may be prescribed.

(4) The decision of the Appellate Tribunal on such appeal shall be final and binding on the Tribunal and on the company, other body corporate or person concerned.

(5) For the removal of doubts, it is hereby declared that the provisions of this section shall have effect without prejudice to the provisions of any other law for the time being in force.

What is Forms of, and procedure in relation to, certain applications? Section 201 of Indian Companies Act 2013

What is Compensation for loss of office of managing or whole-time director or manager? Section 202 of Indian Companies Act 2013

What is Appointment of key managerial personnel? Section 203 of Indian Companies Act 2013

What is Secretarial audit for bigger companies? What are the Functions of company secretary? Section 204 and 205 of Indian Companies Act 2013

What is Power to call for information, inspect books and conduct inquiries? What is power to Conduct of inspection and inquiry? Section 206 and 207 of Indian Companies Act 2013

What is Report on inspection made? What is Search and seizure? What is Investigation into affairs of company? Section 208,209 and 210 of Indian Companies Act 2013

What is Establishment of Serious Fraud Investigation Office? Section 211 of Indian Companies Act 2013

What is Investigation into affairs of Company by Serious Fraud Investigation Office? Section 212 of Indian Companies Act 2013

What is Investigation into company’s affairs in other cases? Section 213 of Indian Companies Act 2013

What is Security for payment of costs and expenses of investigation Firm, body corporate or association not to be appointed as inspector? Section 214 and 215 of Indian Companies Act 2013

What is Investigation of ownership of company? What is Procedure, powers, etc., of inspectors? Section 216 and 217 of Indian Companies Act 2013

What is Protection of employees during investigation? Section 218 of Indian Companies Act 2013

What is Power of inspector to conduct investigation into affairs of related companies, etc Seizure of documents by inspector? Section 219 and 220 of Indian Companies Act 2013

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