Subsistance Allowance - Subsistence Allowance [Thread 36071]

sebuks
Dear all,
Is subsistance allowance needed for all type of employees, whether permanent, trainee, learner etc. who are suspended pending enquiry.
kindly respond
nn_tiwari
As per ID act all workmen who is suspended pending enquiry is eligible for subsitance allowance.
[(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person -
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.]
SATISH KUMAR DHANWAL
Hi Mr. tiwari,
I absolutely agree with you.
Regards,
Truly Yours,
SATISH KUMAR,
SR. MANAGER (HR),
NTPC Foundation, Noida
rajmore22
Hi
can you tell me if a employee is suspended for 4 days whether company is liable to pay subsistance allow. to him or company can dedcut his wages under NO WORK NO WAGES policy.
the employee had given in writing that he is guilty of his misconduct and there is no enquiry proceeding.
Please explian.
Raj
malikjs
dear
subsistence allowance will be paid during pending enquiry ,let it is be any kind of workmen.
tks
j s malik
malikjs
dear raj
on what basis you havfe suspended for 4 days ,does your standing orders permits you to suspend for 4 days.once you have suspended him for four days after he accepted the charges than donot pay him salary.however your suspension is not illegal.
tks
j s malik
manishuj
Subsistence allowance is paid to an employee when he is supended pending enquiry.
50% of Basic, DA & other allowances for first 90 days.
75% after 90 days, if the reason for delay is attributed to the workmen then 25%.
Suspension is always a punishment and can be done only after a proper enquiry is done and any suspension without conducting a domestic enquiry would be illegal. Therefore there is no question of subsistence allowance in this case.
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