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.
From India, Madras
From India, Ludhiana
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 )
From Fiji, Suva
(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
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 .
From India, Bangalore
From India, Pune
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
From India, Visakhapatnam
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.
From India, Madras
From India, Nellore
From India, Delhi
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
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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