Suspended Employee Pay: Is There a Legal Rule for Salary During Disciplinary Action?

jadhavashwini93
Dear All,

We have one employee who has been suspended for disciplinary action. I want to know if any payment of salary rule for his/her salary is mentioned in the law.
umakanthan53
In Tamil Nadu, there is a separate State Law on the payment of subsistence allowance to employees placed under suspension pending inquiry into misconduct leveled against them (TNPSA, 1981). I have no knowledge about such State Law in Maharashtra. Therefore, the poster can refer to the Bombay Industrial Employment (Standing Orders) Rules, 1959, framed under the IE(SO) Act, 1946, for the answer to your query.

Clause 25(5) of the Model Standing Orders

Clause 25(5) of the MODEL STANDING ORDERS in Schedule I appended to the BIE (SO) Rules, 1959, provides for suspension pending inquiry. Clause 25(5-A) provides for payment of subsistence allowance at certain specified rates up to 180 days of suspension and beyond which at the full rate of the salary drawn before such suspension. Since there is a rider that the subsistence allowance payable is subject to the provisions of the Payment of Wages Act, 1936, it shall be disbursed to the suspended employee on the normal date of salary disbursement. The poster may go through the above for complete details.
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