does leave to be considered present, partially present, or fully present once an employee is reinstated after suspension period
From India, Ghaziabad
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From India, Ghaziabad
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The days of absence from work should be considered as days worked once the employee has been reinstated. That means the days should be considered as fully present and not partially present. The salary during the period should be paid in full with allowances after deducting the subsistence allowance already paid during the period of suspension.
From India, Kannur
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4736From India, Kannur
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Any suggestion depends upon law under which your service/employed and the ground for placing you under suspension. Please post complete facts.
From India, Kochi
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From India, Kochi
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In certain Standing Orders it is provided that if the suspension results in any punishment (even if it a minor one like Censure), then the employee is not entitled to any benefit except the subsistence allowance already paid.In other words, if the employee is honourably acquitted of the charges then the employee is to be treated as on duty for the suspension period and consequently entitled to the remaining salary and consequential benefits like increment, leave, bonus, incentives, promotion, protection of seniority and other service benefits for the period of suspension. The employee is to be treated as on duty and is entitled to all consequent benefits.
In this case it is not clear whether the employee was held guilty and punished or not. Also the applicable rules in this regard have to be seen.
From India, Mumbai
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In this case it is not clear whether the employee was held guilty and punished or not. Also the applicable rules in this regard have to be seen.
From India, Mumbai
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Hello,
First of all, if there is any Certified Standing order in force in the establishment, the provisions therein should be adhered to.
If not, then Model standing order provisions as per Act should be acted upon.
If suspension period has been confirmed or it has been mentioned in the order while allowing duty that no wages shall be paid for suspension period, the employee shall not be paid any wages for the period of suspension.
If the duty has been allowed pending inquiry, then also no wages shall be paid for the suspension period except subsistence allowance (upto 10 days nil, beyond 10 days upto 50% of wages and there after as per provision of Standing Orders which may extend upto 75% or be reduced to 25%, provision may be seen for enhancement and reduction in the Act).
On completion of inquiry, the period of suspension will be treated as per final order passed by the Disciplinary Authority.
If any further guidance is required, you can contact me through email at arunjain.ncl@gmail.com.
AK Jain
Retired Manager HR
Coal India Ltd
From India, New+Delhi
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First of all, if there is any Certified Standing order in force in the establishment, the provisions therein should be adhered to.
If not, then Model standing order provisions as per Act should be acted upon.
If suspension period has been confirmed or it has been mentioned in the order while allowing duty that no wages shall be paid for suspension period, the employee shall not be paid any wages for the period of suspension.
If the duty has been allowed pending inquiry, then also no wages shall be paid for the suspension period except subsistence allowance (upto 10 days nil, beyond 10 days upto 50% of wages and there after as per provision of Standing Orders which may extend upto 75% or be reduced to 25%, provision may be seen for enhancement and reduction in the Act).
On completion of inquiry, the period of suspension will be treated as per final order passed by the Disciplinary Authority.
If any further guidance is required, you can contact me through email at arunjain.ncl@gmail.com.
AK Jain
Retired Manager HR
Coal India Ltd
From India, New+Delhi
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Mr Jain, where is it mentioned that subsistence allowance for the first 10 days is NIl, and 50% for the rest etc? Unless there is no state Act (like that in Kerala there is an Act, Kerala Payment of Subsistence Allowance Act,) the Standing Orders will say about the subsistence allowance. Even if there is no certified standing Orders the Act (section 10A of the Industrial Employment Standing Orders Ac) provides that for the first 90 days it should be at 50% of wages and beyond 90 days of suspension it should be at 75% of wages. Suspension is not a punishment and as such no worker shall be denied the allowances for his subsistence.
From India, Kannur
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From India, Kannur
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