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Respected members, my question is, if the company does not pay subsistence allowances during the suspension period or does not pay suspended employees on time, what steps will follow? How will the suspended employee receive her allowances, and what is the procedure in West Bengal, Kolkata?

If his gross salary is 12,000, how much will he receive during the suspension period (total = 45 days)? The payroll is generated on the 7th of every month. The suspension period started from July 12, 2014, to August 24, 2014.

Waiting for your response.

Regards,
Purnachandra Achary

From India, Kolkata
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Understanding Subsistence Allowance During Suspension

I assume that the suspended person is a 'workman' under the Industrial Establishment (Standing Orders) Act 1946 or an 'employee' under the West Bengal Payment of Subsistence Allowances Act 1969.

For the first 90 days of suspension, you have to pay him 50% of wages (basic + all allowances as per terms of employment). For the next 90 days, pay 75% of wages according to the Act.

If the subsistence allowance is not paid, the workman can approach the state government or its delegated authority under the WB Act or the labor court as per the Standing Orders Act.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

From India, Thiruvananthapuram
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