Dear Friends, can we impose suspension as punishment on an employee without paying any subsistence allowance? Actually, we have one employee who has been found involved in misconduct. The employee was immediately suspended pending an inquiry. Subsequently, the employee was found guilty of the misconduct. Now, can we impose suspension without wages for one month as a disciplinary action/punishment? Please comment.
Regards, Vinay D.Dun
From India, Delhi
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2Regards, Vinay D.Dun
From India, Delhi
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If the employee is placed under suspension after being found guilty, you need not pay subsistence allowance because it is not really a suspension but the taking away of certain days of work or debarring that employee from work for a certain number of days as part of the punishment. However, before imposing such a punishment, holding an inquiry is mandatory.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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You can impose suspension as a punishment for a maximum of 4 days as per the Standing Orders of 1946. This should be done after conducting a domestic inquiry.
The maximum suspension allowed as punishment is 4 days. Suspending an employee without wages for more than 4 days is illegal.
Regards,
SDP
From India, Kolhapur
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The maximum suspension allowed as punishment is 4 days. Suspending an employee without wages for more than 4 days is illegal.
Regards,
SDP
From India, Kolhapur
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc