Labour Law & Hr Consultant
Management Consultancy
Nagarkar Vinayak L

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Let me know please- Can an employee take leave during the pending inquiry suspension? if yes, is he eligible to get subsistence allowance?
From India, Mumbai
Dear Satish,
I am quite unable to understand the context in which you've raised this query. The term " Leave " in employment parlance would mean the leave of absence for an employee to be away from work/ the place of work due to certain personal reasons. A suspended employee is already away from both his work and place of work. In such a situation, how the necessity for taking leave would arise? If there is a condition in the suspension orders that the suspended employee should not move out of the headquarters during the entire period of suspension without prior permission, for any personal reason for moving out of the headquarters, he can apply for permission. If the enquiry date coincides with such an occasion, he can seek adjournment. So, the question of taking leave by a suspended employee does not arise at all.

From India, Salem
Dear Satish,
I am quite agree with the opinion provided by Mr. Umakanthan on above subject matter. You need to refere your Standing order what provision is made there under while one is put under suspenssion.
The workman can seek the consent of management for permission for leaving and also not to fix any hearing or proceeding of inquiry during the period of absence.

From India, Mumbai
Dear colleague,
Your query is misconceived. As per Standing Orders, you are paid subsistence allowance at applicable rates during the period of your suspension pending enquiry. If you remain absent without any permission or prior intimation on the scheduled dates of enquiry, you are liable for pro-rata reduction in the subsistence allowance .
Vinayak Nagarkar

From India, Mumbai
In certain Certified Standing Orders there is a provision that the suspended employee has to report at the gate every day and in case of non-reporting the employee is treated as absent and no subsistence allowance is paid (In my company such a provision exists). In such cases, whenever the employee has to proceed outstation and is unable to mark his attendance at gate, he applies for leave/permission to leave station which is considered and decided. Action is taken if the employee fails to report at the gate treating it as unauthorised absence in such cases . A suspended employee is not entitled to leave, there is a decided case (See GB Singh's Book on Suspension)
From India, Mumbai
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