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Hi Could u Plz tell me....wot r the right of suspended employee ? or wot r the right which suspended employee(male and female both) can avail during their suspension period? regards Arati.Inagale
From India, Nagpur
Dear Arati
For suspended employee (male or female) some percentage of amount
(very nominal) on his basic only paid, (if management decides against written request of the employee) till completion of enquiry on the suspended employee. Other than that he/she is not entitled to get any monetory/non monetory benefits as applicable to other employees.
Once the judgement is in favour of employee, then he is entitled to get his full salary for the whole period.
Regards
L.Kumar
From India, Madras
Once the judgement is in favour of employee, then he is entitled to get his full salary for the whole period. if employer agrees on it or not?
From India, Ludhiana
Manoj,
When an officer or employee is suspended, he/she is following the HR Manual or it is stipulated in his contract
In most instances employee on suspension talk only about the pay either on half or no salary rather than the benefits that he/she is entitled to Some times the privileges as termed in the contract may be minimal for benefits hence the principal of Natural justice should take his toll and once it is in his favor then managment should pay the full amount (they are case law in this situation )
Pita Tuiloma
Fiji
From Fiji, Suva
(1) Suspended employee is entitled for "subsistence allowance" @ the rate fixed by employer, else as provided in the Subsistence Allowance Act
(2) Subsistence Allowance is paid till the completion of enquiry
(3) If the final order in enquiry is in favor of suspended employee, he is entitled to for "full wages" from the date of suspension.
(4) Suspended employee is entitled to claim to & fro fare to attend the enquiry from his place of residence to enquiry venue.
From India, Tiruchchirappalli
Dear
Bonus is an entitlement.Suspension means keeping him away from work pending enquiry.The Standing orders has to provide for it.It does not cut the relationship.
Bonus has to be paid .
rajanassociates
From India, Bangalore
Suspension Allowance is paid during pendency of enquiry when an employee has been suspended. The Suspension Allowance/Subsistence Allowance is a payment made purely by reason of statutory obligation. The payment is made to enable the employee to meet his subsistence requirements. Therefore Subsistence Allowance will not attract Bonus.
From India, Pune
Hi Arati! I'd like to answer ur queries based on the provisions of the Industrial Employment(Standing Orders)Act,1946 in general & the Tamilnadu Payment of Subsistence Allowance Act,1981 (which is similar to the ones in vogue in the states of West Bengal n Kerala) in particular.

As u are aware, 'suspension' is an interim decision of an employer which results in the temporary debarment of an employee from attending to his office n performing his functions in the establishment on the ground of (1)contemplation or pendency or non-passing of final order even after completion of an enquiry into grave charges OR (2) pendency of investigation or trial of a complaint against the employee of any criminal offence and its final non-disposal. The corollary is that the employment-relationship is not snapped off n he still remains as an employee for all practical purposes with only certain modified rights stated below befitting his temporary debarment:

(1) RIGHT TO SUBSISTENCE ALLOWANCE

Payment of subsistence allowance is an incidence of Article 21 of the Constitution and not a bounty.

The denial of subs.allowance by the employer would tantamount to violation of the Principles of Natural Justice n would entail the entire dscp. proceedings n the

consequent punishment,if any nullified by the Court.

It has to be paid at the rate specified in the Standing Orders or as per the provisions of any applicable statute providing for the same on the dates so specified.

IT should not be reduced or dispensed with for any reasons other than those mentioned thereof in the Standing Orders or the applicable statute.

The employee shall not be liable to refund or forfeit any part of the sub.allnce.

According to a judgment delivered by the ho'ble High Court of Karnataka in Syndicate Bank v. B.A.Bhat--(1993-I-LLJ 152) ,in the absence of specific rule re-

-garding payment of sub.allnce, the employee have to be paid his full salary.

Since sub.allwnce is a payment for not any work or services rendered, bonus can not be claimed nor any deductions should be effected.

If the delinquent is exhonorated from the charges lvelled against him, he is entitled to his usual salary including increment if any, due but not sanctioned on a/c of

suspension, minus the amount received as sub.allnce.
From India, Salem
dear all, do we have to pay subsistence allowance in payroll or any separate pay by voucher ? and does he /she eligible for PF deduduction ? kindly clarify regards
From India, Visakhapatnam
Anonymous
Dear All,
As per model standing order, we can suspend employees maximum 4 days in a time. moreover we can suspend employees and conduct pending enquiry. During suspension period we have to pay suspension pending allowance under subsistence allowances act.
Hope you can understand.
Jaisankar.S
From India, Madras
It is observed that once worker is suspended by an order, simultaneously separate order is issued about payment of suspension allowance. If it is not done, delinquent authority has to appeal for suspension allowance.
From India, Nellore
Sir,I'm from Postal Deptt. employee and I was suspended as I was detained in custody on 29.09.2015 for period exceeding forty eight hrs in connection with allegation of involvement of some theft case registered at police station. I had been suspended with effect from the date of detention i.e 29/09/2015 in terms of Sub Rule (2) of Rule 10 of central civil Services (CCA) rules, 1965.Further my suspension has been extended for a further period of 90 days w.e.f 29/12/2015 to 27/03/2016. Sir, I have drawn the salary @50% but which is not sufficient to run my family. Is there any provision to increasing of my salary or Reinstating to me.
From India, Delhi
Dear All,
I am service in private company. After that I am start my own business in service the company take action against me and suspended till enquire.
Can I continue my business activities during suspended period?
From India, Ganeshwadi
There seems to be no bar in continuing your own business while in another employment, but your employer can charge you for dual employment which amounts to misconduct and can lead to termination of service, if proved.
Check my blog at www.labourlawhub.com
From India, Kolkata
Dear all,
I was a employee of a NBFC for seven years. My d.o.j was 11 oct 2008 till 27 July 2015, when the company suspended me from my duties. However after a long followup strong proof the company on Nov 2015 asked me to give my resignation and I did the same and then after a long time on May 2016 my resignation been accepted by the company then on Aug 2016 the organization. issued me my experience and relieving letter but denied to pay my salaries and other benefits even my savings with the company cooperative fund also not released to me. So please let me know about the rules so that I can proceed for getting my benefits from the company. I expect a brisk rejoin in this matter from all of you.
From India, Bhubaneswar



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