Bharat Gera
Principal Hr Consultant
+1 Other

Dear Seniors,

I have gone through various discussion on this topic but could not find a perfect answer as per law (in Maharashtra).

One workman had a fight with a management staff over his excess utilization of breaktime. During the argument he threatened the staff that he will beat him up.On the staff's complaint we will be suspending the workman and will be initiating the domestic enquiry. My query is

1)we need to pay 50% of his wage during his period of suspension. The wage here refers to the entire salary or only basic + DA.

2)After 90 days we need to pay 75% of the wage.Is it compulsory as per law or there is any condition.Is there any way by which management can avoid the payment of 75% salary.

3)After what time the payment reaches to 100%

4)Will employee be eligible for receiving payment for holidays and weekly off during the time of suspension.
7th June 2017 From India, Mumbai
The wages should be taken as Gross wages and also as he is a daily rated worker his holidays has to be paid and there is no question of weekly off payment.
8th June 2017 From India, New Delhi
If you can prove beyond doubt that the delay in concluding inquiry happened because of the attitude/behaviour of the workmen, then you can continue to pay 50% of the wages as subsistence allowance.
Presuming that the delinquent employee is a permanent employee and on the monthly salary system, there is no requirement to pay any thing separately as week off & holiday as it is already covered under the subsistence allowance he is getting.
9th June 2017 From India, Thane
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