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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The karnataka payment of subsistence allowance Act, 1988.pdf
SC directive on subsistence allowance to suspended staff.doc