Can You Suspend an Employee Without Pay While They're on Duty? Urgent Help Needed

Is it possible to suspend an employee on duty without paying their salary? Please reply urgently, as I need your help.

Thank you.

My query is whether any company can suspend an employee on duty without pay. Is this legal? I am aware of a large company that has suspended its employees on duty without providing any salary. Can you please advise on this matter?

Thank you.

Your one-line information is not sufficient to give you any meaningful opinion. From your brief information, we understand that "one of your colleagues was suspended without being paid a salary."

Offering some opinion is only a half measure, which won't serve your purpose. However, generally, a serving employee who is prima facie charged with some indiscipline can be suspended pending an inquiry. He/she should be paid 'subsistence allowance' as per the applicable standing orders (if in vogue) and the relevant Act/Rules. He/she is not eligible for a salary as long as 'there is no work' (no pay) by him/her because of the said suspension.

As far as I have understood, you are saying that an employee has been placed under suspension but is being asked to report for duty without being paid as he has been placed under suspension. If the above contention is correct, please note that this is totally illegal and against the idea behind putting an employee under suspension.

Understanding Suspension

An employee is placed under suspension for some gross misconduct, and suspension means temporary separation from employment until a satisfactory reply is received or an inquiry is made. In some cases, the employee concerned is allowed for duty pending inquiry also, depending upon the gravity of charges. However, your office cannot ask or force any employee to work without any remuneration; this is totally against the law and natural justice.

Steps to Address the Situation

If you or your boss want to let the employee continue in employment while the charges are yet to be inquired and established, you may issue him a Show-cause/Chargesheet asking him to give an explanation to defend himself within 3 days of receipt of this Show-cause/Chargesheet. This will allow him to continue in employment as well as face an inquiry against the charges leveled against him.

Regards,
AK Jain

Of course, the brief given by Mr. Trivedi is not clear. However, an employee could be either suspended pending inquiry or retained on duty during the course of an inquiry, in which case they could be paid a salary for being 'on duty'. It would depend on the veracity of the charges adduced. Supposing they are barred from taking up duty or refused duty, this cannot be treated as suspension, and such action is illegal in the eyes of the law. But when one is suspended, by all means, the employee is entitled to a subsistence allowance as per law. When an establishment defaults in payment of subsistence allowance to a suspended employee, the entire case might go against the establishment for this very reason, irrespective of the nature of the alleged offense.