Dear Seniors, Pls advise me, if Such an employee would be eligible to get his/her subsistence allowance if he/she accepts employment during the period of suspension in any establishment other than the establishment where he had been working immediately before his suspension.
From India, Coimbatore
From India, Coimbatore
Dear friend,
I don't know who you are - whether an employer or an employee placed under suspension pending enquiry.
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 Tamilnadu 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
6018I don't know who you are - whether an employer or an employee placed under suspension pending enquiry.
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 Tamilnadu 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
Thank You sir for valuable reply, In my case,Im worked with a bank as cashier, I was issued with a suspension proceedings letter on august 02. 2019 due to some alleged acts of misconducts committed while working. But till now the management didn't issued show cause notice, Charge sheet, Even they didn't conduct any initial domestic enquiry regarding this, Kindly advise me, What is the next procedure in this issue.
From India, Coimbatore
From India, Coimbatore
Dear Mr. Manoj-R1,
We presume you are the same poster who initiated the thread as below, and experts have
already sent their comments. Why do you want to restart the same query.
https://www.citehr.com/619998-suspen...ml#post2446830
From India, Aizawl
We presume you are the same poster who initiated the thread as below, and experts have
already sent their comments. Why do you want to restart the same query.
https://www.citehr.com/619998-suspen...ml#post2446830
From India, Aizawl
Dear Mr Radha Krishnan,
Anonymous People Posing with Hypothetical Questions/Without relevant details is a regular feature in this forum.But, all of us eager to offer our opinion/Solution.I fully agree with your concern
From India, New Delhi
Anonymous People Posing with Hypothetical Questions/Without relevant details is a regular feature in this forum.But, all of us eager to offer our opinion/Solution.I fully agree with your concern
From India, New Delhi
Dear friend,
The remarks of Mr.R.K.Nair is absolutely correct. Your first post on the same issue was posted on June 16,2020 and six learned members have already given their replies particularly Mr.Nair twice. But, you have raised the same issue in a fresh thread again today. The gist of all the remarks seems to be the same decrying the action of the management as bad in law and also giving suggestions about the remedial action to be taken. Then what prompted you to raise the same issue afresh in another thread that too in anonymity once again? In fact, I responded first without being aware of your post's duplicity for I am one among the members who avoid participation when the thread is going well with the right and clear answers of the other members. You should bear in mind that the respondents of this noble forum treat every query as unique and invest their precious time and energy to answer it appropriately so that the questioner gets directed to the right remedy. Such an exercise is not for any pecuniary gains but only for leading the people in distress to light.
If you are not satisfied with the answers, you can refer to the old threads already available in the forum. In fact, had you taken some efforts to refer to the existing threads on the issue of suspension, no necessity would have arisen to raise the query at all. It is quite unfortunate that new comers miserably fail to do so and as rightly remarked by Srinath we also eagerly answer without verifying.
From India, Salem
The remarks of Mr.R.K.Nair is absolutely correct. Your first post on the same issue was posted on June 16,2020 and six learned members have already given their replies particularly Mr.Nair twice. But, you have raised the same issue in a fresh thread again today. The gist of all the remarks seems to be the same decrying the action of the management as bad in law and also giving suggestions about the remedial action to be taken. Then what prompted you to raise the same issue afresh in another thread that too in anonymity once again? In fact, I responded first without being aware of your post's duplicity for I am one among the members who avoid participation when the thread is going well with the right and clear answers of the other members. You should bear in mind that the respondents of this noble forum treat every query as unique and invest their precious time and energy to answer it appropriately so that the questioner gets directed to the right remedy. Such an exercise is not for any pecuniary gains but only for leading the people in distress to light.
If you are not satisfied with the answers, you can refer to the old threads already available in the forum. In fact, had you taken some efforts to refer to the existing threads on the issue of suspension, no necessity would have arisen to raise the query at all. It is quite unfortunate that new comers miserably fail to do so and as rightly remarked by Srinath we also eagerly answer without verifying.
From India, Salem
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The karnataka payment of subsistence allowance Act, 1988.pdf
SC directive on subsistence allowance to suspended staff.doc