AnonymousDear All, We have one employee who has been suspended for disciplinary action. I want to know, any payment of salary rule for his/her salary is mentioned in law.
From India, Pune
umakanthan53In Tamilnadu, there is a separate State Law on payment of subsistence allowance to employees placed under suspension pending enquiry into misconduct leveled against them( TNPSA,1981). I have no knowledge about such State Law in Maharashtra. Therefore, the poster can refer to the Bombay Industrial Employment (Standing Orders) Rules,1959 framed under the IE(SO)Act,1946 for the answer to your query.
Clause 25 (5) of the MODEL STANDING ORDERS in Schedule I appended to the BIE (SO)Rules,1959 provides for suspension pending enquiry.
Clause 25(5-A) provides for payment of subsistence allowance at certain specified rates up to 180 days of suspension and beyond which at full rate of the salary drawn before such suspension.
Since there is a rider that the subsistence allowance payable is subject to the provisions of the Payment of Wages Act,1936, it shall be disbursed to the suspended employee on the normal date of salary disbursal.
The poster may go through the above for complete details.
From India, Salem