What Rights Do Suspended Employees Have During Their Suspension Period?

Hi,

Could you please tell me what are the rights of suspended employees? Or what are the rights that suspended employees (both male and female) can avail during their suspension period?

Regards,
Arati Inagale

Dear Arati,

For a suspended employee (male or female), a very nominal percentage of the amount (on their basic salary only) is paid if the management decides against the written request of the employee, until the completion of the inquiry on the suspended employee. Apart from this, he/she is not entitled to receive any monetary/non-monetary benefits applicable to other employees.

Once a judgment is in favor of the employee, they are entitled to receive their full salary for the whole period.

Regards, L. Kumar

Once the judgment is in favor of the employee, then he is entitled to get his full salary for the whole period, whether the employer agrees to it or not.

When an officer or employee is suspended, he/she follows the HR Manual or the stipulations in their contract. In most instances, employees on suspension focus only on the pay, either on half or no salary, rather than the benefits they are entitled to. Sometimes the privileges, as stated in the contract, may be minimal for benefits; hence, the principle of Natural Justice should prevail. Once it is in their favor, management should pay the full amount (there are case laws in this situation).

Regards,
Pita Tuiloma
Fiji

Rights of Suspended Employees

1. A suspended employee is entitled to a "subsistence allowance" at the rate fixed by the employer, or as provided in the Subsistence Allowance Act.

2. The Subsistence Allowance is paid until the completion of the enquiry.

3. If the final order in the enquiry is in favor of the suspended employee, they are entitled to "full wages" from the date of suspension.

4. The suspended employee is entitled to claim reimbursement for to-and-fro fare to attend the enquiry from their place of residence to the enquiry venue.

Bonus is an entitlement. Suspension means keeping an employee away from work pending an inquiry. The Standing Orders have to provide for it. It does not sever the relationship. Bonus has to be paid.

Regards

Suspension Allowance During Inquiry

Suspension Allowance is paid during the pendency of an inquiry when an employee has been suspended. The Suspension Allowance/Subsistence Allowance is a payment made purely by reason of a statutory obligation. The payment is made to enable the employee to meet their subsistence requirements. Therefore, Subsistence Allowance will not attract a Bonus.

I'd like to answer your queries based on the provisions of the Industrial Employment (Standing Orders) Act, 1946 in general and the Tamil Nadu Payment of Subsistence Allowance Act, 1981 (which is similar to the ones in vogue in the states of West Bengal and Kerala) in particular.

As you are aware, 'suspension' is an interim decision of an employer which results in the temporary debarment of an employee from attending to his office and performing his functions in the establishment on the ground of (1) contemplation or pendency or non-passing of the final order even after the completion of an inquiry into grave charges OR (2) pendency of investigation or trial of a complaint against the employee of any criminal offense and its final non-disposal. The corollary is that the employment relationship is not snapped off and he still remains as an employee for all practical purposes with only certain modified rights stated below befitting his temporary debarment:

Right to Subsistence Allowance

Payment of subsistence allowance is an incidence of Article 21 of the Constitution and not a bounty. The denial of subsistence allowance by the employer would amount to a violation of the Principles of Natural Justice and would entail the entire disciplinary proceedings and 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 specified. It should not be reduced or dispensed with for any reasons other than those mentioned in the Standing Orders or the applicable statute. The employee shall not be liable to refund or forfeit any part of the subsistence allowance. According to a judgment delivered by the Honorable High Court of Karnataka in Syndicate Bank v. B.A. Bhat--(1993-I-LLJ 152), in the absence of a specific rule regarding the payment of subsistence allowance, the employee has to be paid his full salary. Since subsistence allowance is a payment for not any work or services rendered, a bonus cannot be claimed nor any deductions should be effected. If the delinquent is exonerated from the charges leveled against him, he is entitled to his usual salary, including any increment due but not sanctioned on account of the suspension, minus the amount received as subsistence allowance.

Suspension Guidelines and Allowances

As per the model standing order, we can suspend employees for a maximum of 4 days at a time. Moreover, we can suspend employees and conduct a pending inquiry. During the suspension period, we have to pay a suspension pending allowance under the Subsistence Allowances Act.

Hope you can understand.

Regards,
Jaisankar.S

It is observed that once a worker is suspended by an order, a separate order is issued simultaneously regarding the payment of suspension allowance. If this process is not completed, the delinquent authority has to appeal for the suspension allowance.

I am from the Postal Department and was suspended after being detained in custody on 29.09.2015 for a period exceeding forty-eight hours in connection with an allegation of involvement in a theft case registered at the police station. I was suspended with effect from the date of detention, i.e., 29/09/2015, in terms of Sub Rule (2) of Rule 10 of the Central Civil Services (CCA) Rules, 1965.

Furthermore, my suspension has been extended for a further period of 90 days, starting from 29/12/2015 to 27/03/2016. I have been drawing a salary at 50%, which is not sufficient to support my family. Is there any provision for an increase in my salary or for my reinstatement?

Dear All,

I am currently employed in a private company. However, I have recently started my own business providing similar services. As a result, the company has taken action against me and suspended me pending an investigation.

My question is, am I allowed to continue operating my business during this period of suspension?

Thank you for your guidance.

Best regards

I was an employee of an NBFC for seven years. My date of joining was October 11, 2008, until July 27, 2015, when the company suspended me from my duties. However, after a long follow-up and strong proof, the company in November 2015 asked me to submit my resignation, which I did. Then, after a long time, in May 2016, my resignation was finally accepted by the company. However, in August 2016, the organization issued me my experience and relieving letter but denied paying my salaries and other benefits. Even my savings with the company cooperative fund were not released to me.

Please let me know about the rules so that I can proceed to claim my benefits from the company. I expect a prompt response from all of you on this matter.

Thank you.