arati.ingale Started The Discussion:
Hi Could u Plz tell me....wot r the right of suspended employee ? or wot r the right which suspended employee(male and female both) can avail during their suspension period? regards Arati.Inagale
For suspended employee (male or female) some percentage of amount
(very nominal) on his basic only paid, (if management decides against written request of the employee) till completion of enquiry on the suspended employee. Other than that he/she is not entitled to get any monetory/non monetory benefits as applicable to other employees.
Once the judgement is in favour of employee, then he is entitled to get his full salary for the whole period.
When an officer or employee is suspended, he/she is following the HR Manual or it is stipulated in his contract
In most instances employee on suspension talk only about the pay either on half or no salary rather than the benefits that he/she is entitled to Some times the privileges as termed in the contract may be minimal for benefits hence the principal of Natural justice should take his toll and once it is in his favor then managment should pay the full amount (they are case law in this situation )
(1) Suspended employee is entitled for "subsistence allowance" @ the rate fixed by employer, else as provided in the Subsistence Allowance Act
(2) Subsistence Allowance is paid till the completion of enquiry
(3) If the final order in enquiry is in favor of suspended employee, he is entitled to for "full wages" from the date of suspension.
(4) Suspended employee is entitled to claim to & fro fare to attend the enquiry from his place of residence to enquiry venue.
Suspension Allowance is paid during pendency of enquiry when an employee has been suspended. The Suspension Allowance/Subsistence Allowance is a payment made purely by reason of statutory obligation. The payment is made to enable the employee to meet his subsistence requirements. Therefore Subsistence Allowance will not attract Bonus.
Hi Arati! I'd like to answer ur queries based on the provisions of the Industrial Employment(Standing Orders)Act,1946 in general & the Tamilnadu Payment of Subsistence Allowance Act,1981 (which is similar to the ones in vogue in the states of West Bengal n Kerala) in particular.
As u are aware, 'suspension' is an interim decision of an employer which results in the temporary debarment of an employee from attending to his office n performing his functions in the establishment on the ground of (1)contemplation or pendency or non-passing of final order even after completion of an enquiry into grave charges OR (2) pendency of investigation or trial of a complaint against the employee of any criminal offence and its final non-disposal. The corollary is that the employment-relationship is not snapped off n he still remains as an employee for all practical purposes with only certain modified rights stated below befitting his temporary debarment:
(1) RIGHT TO SUBSISTENCE ALLOWANCE
Payment of subsistence allowance is an incidence of Article 21 of the Constitution and not a bounty.
The denial of subs.allowance by the employer would tantamount to violation of the Principles of Natural Justice n would entail the entire dscp. proceedings n the
consequent punishment,if any nullified by the Court.
It has to be paid at the rate specified in the Standing Orders or as per the provisions of any applicable statute providing for the same on the dates so specified.
IT should not be reduced or dispensed with for any reasons other than those mentioned thereof in the Standing Orders or the applicable statute.
The employee shall not be liable to refund or forfeit any part of the sub.allnce.
According to a judgment delivered by the ho'ble High Court of Karnataka in Syndicate Bank v. B.A.Bhat--(1993-I-LLJ 152) ,in the absence of specific rule re-
-garding payment of sub.allnce, the employee have to be paid his full salary.
Since sub.allwnce is a payment for not any work or services rendered, bonus can not be claimed nor any deductions should be effected.
If the delinquent is exhonorated from the charges lvelled against him, he is entitled to his usual salary including increment if any, due but not sanctioned on a/c of
suspension, minus the amount received as sub.allnce.
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