Dear Seniors,
Please advise me if such an employee would be eligible to receive their subsistence allowance if they accept employment during the period of suspension in any establishment other than the establishment where they had been working immediately before their suspension.
From India, Coimbatore
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Please advise me if such an employee would be eligible to receive their subsistence allowance if they accept employment during the period of suspension in any establishment other than the establishment where they had been working immediately before their suspension.
From India, Coimbatore
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Dear friend,
I don't know who you are - whether an employer or an employee placed under suspension pending inquiry. Suspension is the temporary debarment of an employee to attend to his work while his contract of employment is still intact. If he gets employed anywhere else during the period of suspension, his contract of employment with the previous employer automatically comes to an irrevocable end. That's the legal position. If both the establishment and the employee under suspension are covered by the Tamil Nadu Payment of Subsistence Allowance Act, 1981, the employer need not pay subsistence allowance in case the employee accepts employment in any other establishment during the period of suspension as per section 3(2) of the said Act.
From India, Salem
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6108I don't know who you are - whether an employer or an employee placed under suspension pending inquiry. Suspension is the temporary debarment of an employee to attend to his work while his contract of employment is still intact. If he gets employed anywhere else during the period of suspension, his contract of employment with the previous employer automatically comes to an irrevocable end. That's the legal position. If both the establishment and the employee under suspension are covered by the Tamil Nadu Payment of Subsistence Allowance Act, 1981, the employer need not pay subsistence allowance in case the employee accepts employment in any other establishment during the period of suspension as per section 3(2) of the said Act.
From India, Salem
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Thank you, sir, for your valuable reply. In my case, I worked with a bank as a cashier. I was issued a suspension letter on August 2, 2019, due to some alleged acts of misconduct committed while working. However, until now, the management has not issued a show cause notice, a charge sheet, or conducted any initial domestic enquiry regarding this matter. Kindly advise me on what the next procedure should be in this issue.
From India, Coimbatore
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From India, Coimbatore
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Dear Mr. Manoj-R1,
We presume you are the same poster who initiated the thread as below, and experts have already sent their comments. Why do you want to restart the same query.
https://www.citehr.com/619998-suspen...ml#post2446830
From India, Aizawl
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We presume you are the same poster who initiated the thread as below, and experts have already sent their comments. Why do you want to restart the same query.
https://www.citehr.com/619998-suspen...ml#post2446830
From India, Aizawl
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Dear Mr. Radha Krishnan,
Anonymous people posing with hypothetical questions without relevant details is a regular feature in this forum. However, all of us are eager to offer our opinions and solutions. I fully agree with your concern.
Thank you.
From India, New Delhi
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Anonymous people posing with hypothetical questions without relevant details is a regular feature in this forum. However, all of us are eager to offer our opinions and solutions. I fully agree with your concern.
Thank you.
From India, New Delhi
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Dear friend,
The remarks of Mr. R.K. Nair are absolutely correct. Your first post on the same issue was posted on June 16, 2020, and six learned members have already given their replies, particularly Mr. Nair twice. But, you have raised the same issue in a fresh thread again today. The gist of all the remarks seems to be the same, decrying the action of the management as bad in law and also giving suggestions about the remedial action to be taken. Then what prompted you to raise the same issue afresh in another thread, that too in anonymity once again? In fact, I responded first without being aware of your post's duplicity, for I am one among the members who avoid participation when the thread is going well with the right and clear answers of the other members. You should bear in mind that the respondents of this noble forum treat every query as unique and invest their precious time and energy to answer it appropriately so that the questioner gets directed to the right remedy. Such an exercise is not for any pecuniary gains but only for leading the people in distress to light.
If you are not satisfied with the answers, you can refer to the old threads already available in the forum. In fact, had you taken some efforts to refer to the existing threads on the issue of suspension, no necessity would have arisen to raise the query at all. It is quite unfortunate that newcomers miserably fail to do so and as rightly remarked by Srinath, we also eagerly answer without verifying.
From India, Salem
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The remarks of Mr. R.K. Nair are absolutely correct. Your first post on the same issue was posted on June 16, 2020, and six learned members have already given their replies, particularly Mr. Nair twice. But, you have raised the same issue in a fresh thread again today. The gist of all the remarks seems to be the same, decrying the action of the management as bad in law and also giving suggestions about the remedial action to be taken. Then what prompted you to raise the same issue afresh in another thread, that too in anonymity once again? In fact, I responded first without being aware of your post's duplicity, for I am one among the members who avoid participation when the thread is going well with the right and clear answers of the other members. You should bear in mind that the respondents of this noble forum treat every query as unique and invest their precious time and energy to answer it appropriately so that the questioner gets directed to the right remedy. Such an exercise is not for any pecuniary gains but only for leading the people in distress to light.
If you are not satisfied with the answers, you can refer to the old threads already available in the forum. In fact, had you taken some efforts to refer to the existing threads on the issue of suspension, no necessity would have arisen to raise the query at all. It is quite unfortunate that newcomers miserably fail to do so and as rightly remarked by Srinath, we also eagerly answer without verifying.
From India, Salem
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The karnataka payment of subsistence allowance Act, 1988.pdf
SC directive on subsistence allowance to suspended staff.doc