Hello,
We have terminated a workman because of habitual absence and disobedience. The concerned workman attended the inquiry during the absent period. Is he eligible for a subsistence allowance?
From India, Madras
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We have terminated a workman because of habitual absence and disobedience. The concerned workman attended the inquiry during the absent period. Is he eligible for a subsistence allowance?
From India, Madras
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Dear Ramesh5,
Subsistence Allowance is paid to a workman who is placed under suspension pending inquiry. Your query is not clear to me as the workman was suspended pending inquiry. Also, the punishment given to the workman seems to be disproportionate prima facie to me.
From India, Mumbai
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2584Subsistence Allowance is paid to a workman who is placed under suspension pending inquiry. Your query is not clear to me as the workman was suspended pending inquiry. Also, the punishment given to the workman seems to be disproportionate prima facie to me.
From India, Mumbai
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[QUOTE=korgaonkar k a;2083889]Dear Ramesh5,
Subsistence Allowance is paid to a workman who is placed under suspension pending inquiry. Your query is not clear to me as the workman was suspended pending inquiry. Also, the punishment given to the workman seems to be disproportionate prima facie to me.
Dear Sir,
Thanks for your opinion. The terminated workman is frequently absent from work. On average, he is absent for 9-10 days in a month. We have issued several warning letters, but he has not changed his attitude. Additionally, he has not provided the leave details through ESI. He was neither suspended nor terminated at the time of the inquiry; termination occurred only after the completion of the inquiry, which took roughly 45 days. Throughout this period, he was not absent from duty. In this situation, is he eligible for Subsistence Allowance?
Regards, A.RAMESH
From India, Madras
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Subsistence Allowance is paid to a workman who is placed under suspension pending inquiry. Your query is not clear to me as the workman was suspended pending inquiry. Also, the punishment given to the workman seems to be disproportionate prima facie to me.
Dear Sir,
Thanks for your opinion. The terminated workman is frequently absent from work. On average, he is absent for 9-10 days in a month. We have issued several warning letters, but he has not changed his attitude. Additionally, he has not provided the leave details through ESI. He was neither suspended nor terminated at the time of the inquiry; termination occurred only after the completion of the inquiry, which took roughly 45 days. Throughout this period, he was not absent from duty. In this situation, is he eligible for Subsistence Allowance?
Regards, A.RAMESH
From India, Madras
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if the fellow was neither placed under suspension nor terminated at the time of enquiry then i think there is no need to pay at all.... Rgds Subroto Mukherjee
From India, Mumbai
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From India, Mumbai
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As per the law, when an employee has to undergo suspension pending an inquiry, he is eligible to receive a subsistence allowance whether he is present or not. If this situation continues, the termination process should be initiated. However, until then, he is entitled to receive the same.
Regards,
Sukumar
From India, Mumbai
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Regards,
Sukumar
From India, Mumbai
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Hi,
One of our staff, a Production Supervisor, met with an accident and sustained a head injury at our Pondicherry factory. Doctors have declared him brain dead. He has been with us for the past 20 years. Unfortunately, he is not covered under the ESI Act. Since the accident occurred in the course of employment, is he covered under the WC Act?
Please clarify.
Regards,
A. RAMESH
From India, Madras
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One of our staff, a Production Supervisor, met with an accident and sustained a head injury at our Pondicherry factory. Doctors have declared him brain dead. He has been with us for the past 20 years. Unfortunately, he is not covered under the ESI Act. Since the accident occurred in the course of employment, is he covered under the WC Act?
Please clarify.
Regards,
A. RAMESH
From India, Madras
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Since the accident occurred during the course of his employment he is lawfully eligible for WC
From India, Ahmadabad
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From India, Ahmadabad
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Since the workman was not placed under suspension pending enquiry, you need not pay any subsistence allowance to him. However, as he attended the enquiry which did last for 45 days, he should be treated to be on duty on all those days for which he attended the enquiry and shall be paid salary for the said period.
B. Saikumar
From India, Mumbai
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B. Saikumar
From India, Mumbai
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