No Tags Found!

M.Peer Mohamed Sardhar
733

Legal Tip of the Day
Once an employer suspends an employee, subsistence allowance will be payable
Subsistence allowance forms the terms of employment and close as not contingent on actual work but during pendency of enquiry even through the worker is not working, he gets the allowance. Subsistence allowance is , in fact, nick name for " reduced wages or reduced salary".
Consequently, the subsistence allowance is part of wages under clause (vi) of Section 2 of the Payment of Wages Act. It does not amount to deduction of wages hence the claim for deduction of wages would not be maintainable under Section 15 of the Payment of Wages Act.
When an employee is suspended , his contract of service is not rescinded and the relationship of employer and employee subsists. The Suspension of an employee merely prohibits an employer from giving any work to the employee during the disciplinary proceedings.
RegardsDeepak Miglani Advocate
President Legal Point Foundation
For any query:-
Phone No:- 9958086337(Delhi) 09215514435(Haryana)

From India, Coimbatore
mahesh s patil
12

sir, what is the % of wages has to be pay on suspension period and what about statutory deductions like esi,epf and pt. pls suggest.
From India, Bangalore
sunilcms
1

Dear Sir Can you please guide whether PF & ESIC to be deducted on subsistance allowance paid to suspended employee Regards Sunil Nipurte
From India, Pune
sunilcms
1

Dear Mahesh
We have to 50 % wages during first 90 days of suspension 75 % for further 90 days and suspension still continued 100% there after. Pls check The Industrial Employment (Standing Orders) Act, 1946
Thanks
Sunil Nipurte

From India, Pune
pknsp
it is not mandatory to deduct pf , but if the employee wants to get it deducted then it may be intimated to the employer in writing
From India, Chandigarh
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.





Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2024 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.