Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Arunmjadhav
Assistant Manager-hrd
Adoni Suguresh
Sr.executive (per & Adm)
Rajesh Kumar Dubey
Manager - Hr

Thread Started by #hrdarshana

Dear All
I work for a SME in Highway maintenance & Operations company in Corporate HR. At one of our site in West Bengal, one employee was suspended for 6 days & he joined back after apology letter received from him in the same month.
Kindly guide about his salary calculation for the month.
24th December 2015 From India, Mumbai
Dear Darshana,
No mention in the post about the cause of action and the procedures followed by the management before suspension. Normally, suspension is of two kinds - (1) suspension pending enquiry and (2) punitive suspension i.e suspension awarded as a punishment as per the Standing Orders as a final result of disciplinary proceedings. In the former, you will have to pay subsistence allowance for the entire period of suspension at the rate fixed in the Stdg Orders. Punitive suspension has no entitlement to salary and it will not be taken into account for determining qualifying service for the purpose of terminal benefits.
24th December 2015 From India, Salem
Dear Sir
We had issued the employee 2 warning letters which he had refused to accept, so the letters were posted to his home address.
Despite the warning letters no change in his behavior so a suspension letter was issued to him. Basically he was given time to improve & on the 7th day after an apology letter from him, he was taken back on duty.
My query is after the employee is taken back on duty, for the suspension period he has to be paid subsistence allowance & rest days of the month normal salary or entire salary for the month?
24th December 2015 From India, Mumbai
Dear Darshana,
As said by Umakantha sir, you need to give the subsistence allowance only when the suspension is under pending inquiry.
Here you have suspended his as a punishment, so subsistence allowance is not applicable to him. (one more thing you can suspend an workmen for maximum 4 days as part of punishment as per standing orders act)
But unfortunately you have suspended him for six days which is not as per act, but it will not affect you as far as workmen is not having any objection.
So if you have suspended the employee for 6 days and he was not allowed to work on these days then no matter of subsistence allowance.
24th December 2015 From India, Hyderabad
Mr.Darshana,
From your post we can assume that, You have suspended the workmen without following any disciplinary procedures. Have you issued any suspension order ? if so, for how many days? Our friend Mr.Umakanthan Sir, has given his opinion rightly Since he has realized his attitudes and submitted apology letter and you have also accepted doesn't matter. But you issue him a letter by allowing him to join for duty and directing him not to repeat such misconduct or any other acts tantamount to misconduct. You can deduct the salary for the days he was not on duty. The question of subsistence allowance does not arise in this case.
Adoni Suguresh
Labour Laws Consultant .
25th December 2015 From India, Bidar
Thanks to Mr.Adoni Suguresh for his remarks draw our attention to yet another perspective - i.e., how to treat the period of suspension already undergone and subsequently revoked on his tendering apology. The starting point of the entire episode is the refusal of the employee to receive the warning letters the ultimate purpose of which was granting time and opportunity to improve up on his job performance thus compelling service by post. So the matter of poor/ non-performance has already come to a logical end by the issuance of the warning letter. If at all any action is required, it all depends upon his future performance. But the question of suspension for six days is not yet over with its revocation of on the basis of the letter of apology. The revocation probably shows that the apology tendered by the employee might be unconditional. Therefore the misconduct of refusal to receive a lawful order of communication still remains at large. If the management thinks enough is enough, it may let him off leniently with yet another warning or treat the suspension already undergone as punishment. Payment of subsistence allowance and salary for the period depends upon the time lapsed. If the month is not yet over, neither subsistence allowance nor salary need be paid for the six days if final orders are passed treating the entire period as punitive suspension.Otherwise, sub.allwnce has to be paid along with the salary for the remaining working days.
25th December 2015 From India, Salem
Dear Umakanthan ji
From your advice we can conclude such that
1) If the management issued a separate order stating cancellation of suspension order, allowing him duty with quote about tendering his apology as suspension as punishment , then it becomes ok.
2) If No such order is issued , then management have to pay salary along with Susp. allow for 06 days.
Kindly clear pls.
25th December 2015 From India
Yes, Rajesh. Whenever an employee is placed under suspension and after some time the same is revoked, how the period is treated matters much. Either it should be treated as punishment at the close of the disciplinary proceedings subject to the provisions punitive suspension prescribed ijn the standing orders or service regulations or it has to be treated as duty in view of the other punishment awarded and the salary minus the subsistence allowance already given must be paid.
25th December 2015 From India, Salem
You are very miser about the description of the background of the case and whether the incidence treted as offence or not under some specified conduct and discipline rules/ CSO!
Anyway, salary depends upon as to how the management treats the suspension period, whether duty, penalty, leave, etc. If no conduct and discipline rules have been prescribed, aplogy can beassumed as exoneration of the charge without imposing any penalty.
25th December 2015 From India, Delhi
Mr.Darshana,
You must have read the opinions given on your query by our learned contributing members in this forum. Based on the opinions of members, in the interest of your own, it would be better to give the feed back of the case or interact on the topic.
Adoni Suguresh
Labour Laws Consultant
26th December 2015 From India, Bidar
I worked with one of financial company , there is due to misunderstanding by employer he give me suspension letter from 25 days but till now there is no result shown to me or not intimate to me for rejoining. Now please suggest me what should I do. My senior said to me for resignation, I will give resignation but there is company accept my resignation or not. Company provide me relieving letter after resignation?
24th July 2018 From India, Chandigarh
Do not tender resignation while you're still under suspension for whatever reason. As your suspension continues for 25 days and more, the management may have some intention or other to conduct domestic enquiry on some charges of misconduct to be framed against you. If the management conducts the enquiry without paying any subsistence allowance as per the Standing Orders or service regulations applicable to you, the entire disciplinary proceedings would get vitiated in Judicial Review later. Therefore, it is not advisable to resign when you are still under suspension or any disciplinary action is pending against you.
25th July 2018 From India, Salem
Sir please tell me , what r u asking me
25th July 2018 From India, Chandigarh
#Anonymous
i want to know that if a person is suspended of 6 days Monday to Saturday , than he will get the pay of Sunday or not?
25th June 2019 From India, Gurgaon
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