Resigning While Suspended: Can You Get Half Salary for the 30-Day Notice Period?

During suspension, if an employee resigns, is he eligible for half salary for the full 30 days' notice period salary?

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In this scenario, if an employee resigns during a period of suspension, the question arises regarding their eligibility for half salary for the complete 30-day notice period.

Understanding Subsistence Allowance During Suspension

You need to elaborate on the details to get a proper reply. According to The Tamil Nadu Payment of Subsistence Allowance Act, 1981, this Act mandates that employers pay subsistence allowance to employees during their suspension period.

According to the provisions of this Act, a suspended employee is entitled to receive a subsistence allowance at the rate of 50% of the wages last drawn before suspension for the first 90 days. If the suspension period exceeds 90 days but does not exceed 180 days, 75% of the wages last drawn is to be paid as a subsistence allowance. If the suspension period exceeds 180 days, full wages are to be paid.

You should check your state's act, if any, regarding suspension payments.

Whether the resignation tendered by an employee under suspension could be accepted is the first query in such a situation, provided it is a suspension pending inquiry into certain charges of misconduct. When the nature of the charges is not so grave as to leave any psychological impact on the overall discipline or result in pecuniary losses to the establishment, but the removal of the employee would be the final result, as a measure of face-saving as well as leaving the delinquent's employability intact, his/her resignation can be accepted subject to compliance with monetary payment by him in lieu of his notice period as per the contract of employment. There is no question of full salary for the period of suspension which was undergone and came to an end on the date of acceptance of his resignation.