The Companies Act, 2013 provides certain protections to employees during the investigation of a company's affairs and grants a remedy of appeal against actions taken by the management. Explain.

CS Executive · Company Law and Practice · PYQS · December 2024
The Companies Act, 2013 provides certain protections to employees during the investigation of a company's affairs and grants a remedy of appeal against actions taken by the management. Explain.

Answer & Explanation:

No Action against employees without Tribunal's approval Section 218 of Companies Act, 2013 provides protection to employees during investigation. During the course of any investigation and during pendency of any proceeding against any person concerned in the conduct and management of the affairs of a company, such company, other body corporate or person shall not discharge or suspend or punish any employee without approval of the Tribunal. This protection is available to employees during the investigation of the affairs or other matters of or relating to a company, other body corporate or person or of the membership, ownership of shares or debentures. Following actions are not permitted without approval of the Tribunal - To discharge or suspend any employee; To punish any employee, whether by dismissal, removal, reduction in rank or otherwise; or To change the terms of employment to his disadvantage. Action against Employees - As per Section 218(2) of Companies Act 2013 If the applicant does not receive within thirty days of making of application, the approval of the Tribunal, only then applicant concerned may proceed to take against the employee the action proposed. Appeal against Tribunal to Appellate Tribunal as per the Section 218(3) and (4) of Companies Act 2013 If the applicant 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. The decision of the Appellate Tribunal on such appeal shall be final and binding on the Parties concerned. Over-riding effect Section 218(5) For the removal of doubts, it is hereby declared that the provisions of this section shall have without prejudice to the provisions of any other law for the time being in force.

Topics: Inspection, Inquiry and Investigation

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