Labour Law & Hr Consultant
Legal Analyst, Hrm
Sr.executive (per & Adm)
Rajesh Kumar Dubey
Manager - Hr
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
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
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
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.
Labour Laws Consultant .
25th December 2015 From India, Bidar
25th December 2015 From India, Salem
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
25th December 2015 From India, Salem
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
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.
Labour Laws Consultant
26th December 2015 From India, Bidar
24th July 2018 From India, Chandigarh
25th July 2018 From India, Salem
#Anonymousi 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