Suspension Duration - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Rdsyadav
Educator, Management Consultant & Trainer
Nathrao
Insolvency N Gst Professional
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Asso.prof.(commerce & Management) Pg
Pradeep.bidha
Executive
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Hii, i am working in General Insurance Sector since last 8 year and 10 month ago company has suspended me due some illegal allegations issuing fraud motor policies. During this period company have done 3 hearing and yet they are not find the proof against me. When ever i mailed or phone called him they are not reply. I want to know, is there any rule/law that after one year, after suspension i'll automatically rejoin the duty or demand for reliving letter?
you are employed in a public sector insurance company for which all labour laws are applicable. you need to consult a good labour lawyer of your area for further proceeds. We do not know the reason as to why you have waited for 9 years to solve this nonemployment.
How long are you in suspension?
Is the domestic enquiry in progress or what is the stae of affairs?
You can consult a good lawyer involved in labour law litigation and draft a legal notice to your company regarding the enquiry if it is not being finalised.

Dear Pradeep,

Since you are an employee of a public sector undertaking, your suspension would be covered under the service regulations of the undertaking. Normally the tendency to place any employee under suspension indefinitely on the pretext of charges of serious misconduct or pending enquiry into the charges is curbed by the provisions for payment of subsistence allowance at higher rates with the duration of suspension. Unfortunately, some employers resort to the unethical practice of keeping the employee under suspension indefinitely for reasons best known to themselves just because subsistence allowance is being paid regularly as prescribed. Certainly it can not be an excuse for such a deplorable practice unless there are reasons like pending litigation, if any in this regard in any Court of Law. Therefore, in view of the inordinate delay, you can make a representation to the Management to revoke your suspension and ask for appropriate repostings without prejudice to the pending disciplinary proceedings. If it is of no avail, you can move the High Court under its Writ Jurisdiction. Better, consult an experienced Counsel in service matters.

I have hired high court lawyer also as inquiry team offer me to bring the representative of my choice in to hearing. But as per my lawyer if we go to the court then it would take atleast 2-3 year to resolve. We should wait for management decission. Even company providing me half salary of my basic pay.
They are paying me half of salary of my basic pay, while i got to know that company compensate 50% first 3 month then 75% next 3month then after 6 month they pay 100%. Can you please confirm, it comes for basic pay or net salary?
Normally, subsistence allowance is based on the gross salary ( excluding some kind of fixed allowance to defray special expenses peculiar to the performance of job like FTA for a touring employee for certain minimum days on tour within a specified geographical area) last drawn prior to the date of suspension without any deductions.
subsistence allowance has to be paid 50% for first 90 days and 75% for next 90 days and if the enquiry not completed with in 6 months, it has to be paid 100%. you can raise a dispute for this before appropriate authority.
Have they given you a suspension order in writing?
At which level was suspension order issued?
Have you appealed to next higher authority in the chain to withdraw the order?
You have not answered the question regarding duration of suspension?
Normally cases of suspension are to be dealt with on priority.
Amount of subsistence allowance can be reassessed under FR 53(i),(ii) after three months.
Full facts of the case have not been posted in the forum.
To get better answers more details will be needed.

Sir,
I am working with a private pharmaceutical company of Gujarat covered under sales promoition act., but company refuses to accept me as WORKMAN. Company had transferred me from Kanpur(U.P.) to Chennai (Tamilnadu). As the company do not have any Standing Order. I requested to withdraw the same as I have 4 cases in 33C(2) in Labour court pending since 2008. The management served me show cause notice, enquiry etc but after the report fidings etc.they could not force. they are not paying any salary, sustinence allownce etc. since Dec.,2014 on the plea that no salary, expenses are payable to me at Kanpur. During enquiry also they paid me only fare from Kanpur to Baroda & back. Is it Justified? I have filed the dispute in Labour Tribunal, Where they have only sent their representation and now not coming. The last resort is to file in Labour court. But tikll the decission of the court, am I not eligible for 50% salary or sustinence allownce etc. Please enlighten.


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