Dear seniors
Whether subsistence allowance or the suspension allowance (50% or 75%of the gross amount as the case may be)should be paid on physical reporting days (or) physical attendance is not mendatory and we should pay the amount irrespective of the person's reporting days.
regards/srp
From India, Gurgaon
2Whether subsistence allowance or the suspension allowance (50% or 75%of the gross amount as the case may be)should be paid on physical reporting days (or) physical attendance is not mendatory and we should pay the amount irrespective of the person's reporting days.
regards/srp
From India, Gurgaon
Hi,
SUSSISTENCE ALLOWANCE DURING SUSPENSION PENDING ENQUIRY:
Where on a complaint of mis-conduct against a workman, disciplinary proceedings against him are contemplated or are pending or where a case against him in respect of any criminal offence is under investigation or trial and employer is satisfied that it is necessary or desirable to place the workman under suspension, he may do so by serving on the workman an order in writing to that effect. Such an order shall take effect immediately on delivery to the workman. It shall be accompanied by a charge sheet setting out in detail the reasons for such suspension and the workman shall be given on opportunity of defending himself.
A workman who is placed under suspension under para (I) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely-
Where the enquiry contemplated or pending is departmental, the subsistence allowance shall for the first ninety days from the date of suspension be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he were on leave with wages. If the Departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to threefourths of each basic wages, dearness allowance and other compensatory allowances.
Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-fourth of such basic wages, dearness allowance and other compensatory allowances.
Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against the workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension be equal to one-half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he were on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days, the subsistence allowance shall for such period be equal to three fourths of such wages.
From India
SUSSISTENCE ALLOWANCE DURING SUSPENSION PENDING ENQUIRY:
Where on a complaint of mis-conduct against a workman, disciplinary proceedings against him are contemplated or are pending or where a case against him in respect of any criminal offence is under investigation or trial and employer is satisfied that it is necessary or desirable to place the workman under suspension, he may do so by serving on the workman an order in writing to that effect. Such an order shall take effect immediately on delivery to the workman. It shall be accompanied by a charge sheet setting out in detail the reasons for such suspension and the workman shall be given on opportunity of defending himself.
A workman who is placed under suspension under para (I) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely-
Where the enquiry contemplated or pending is departmental, the subsistence allowance shall for the first ninety days from the date of suspension be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he were on leave with wages. If the Departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to threefourths of each basic wages, dearness allowance and other compensatory allowances.
Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-fourth of such basic wages, dearness allowance and other compensatory allowances.
Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against the workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension be equal to one-half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he were on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days, the subsistence allowance shall for such period be equal to three fourths of such wages.
From India
Dear SRP,
Please go through the below section:
10A. PAYMENT OF SUBSISTENCE ALLOWANCE. - (1) Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance - (a) at the rate of fifty per cent. of the wages which the workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and
(b) at the rate of seventy-five per cent. of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.
(2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section (1), the workman or the employer concerned may refer the dispute to the Labour Court, constituted under the Industrial Disputes Act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties.
(3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State.
If it is mentioned in the certified Standing Order of your company that a suspended employee will have to report for his attendance at the factory gate, then you can pay his subsistence allowance on the days and if it is not there, then you have to pay 50% SA whether his physical attendance is there or not.
Regards
From India
Please go through the below section:
10A. PAYMENT OF SUBSISTENCE ALLOWANCE. - (1) Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance - (a) at the rate of fifty per cent. of the wages which the workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and
(b) at the rate of seventy-five per cent. of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.
(2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section (1), the workman or the employer concerned may refer the dispute to the Labour Court, constituted under the Industrial Disputes Act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties.
(3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State.
If it is mentioned in the certified Standing Order of your company that a suspended employee will have to report for his attendance at the factory gate, then you can pay his subsistence allowance on the days and if it is not there, then you have to pay 50% SA whether his physical attendance is there or not.
Regards
From India
Hi all,
I am going through the comments from last few days...however got one query regarding...the componenets of subsistance allowance...i need to know whether besides Basic n DA are other allownaces can be taken into consideration for calculating subsistance allownace?
thanks....abhay
From India, Mumbai
I am going through the comments from last few days...however got one query regarding...the componenets of subsistance allowance...i need to know whether besides Basic n DA are other allownaces can be taken into consideration for calculating subsistance allownace?
thanks....abhay
From India, Mumbai
Sir, As per SA rules for First 90 days 50%, another 90 days 75% but after 180 days what % of SA should pay. Bhushan Gupta
From India, Mumbai
From India, Mumbai
Hi,
I have a doubt regarding the payment of subsistence allowance if there is a revision in the long term wage settlement during the proceedings. Will the person be eligible for subsistence allowance as per the old settlement or the new one. If anyone could cite cases to back up the information, it would be a great help.
Thanks
Gautam
From India, Calcutta
I have a doubt regarding the payment of subsistence allowance if there is a revision in the long term wage settlement during the proceedings. Will the person be eligible for subsistence allowance as per the old settlement or the new one. If anyone could cite cases to back up the information, it would be a great help.
Thanks
Gautam
From India, Calcutta
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The karnataka payment of subsistence allowance Act, 1988.pdf
SC directive on subsistence allowance to suspended staff.doc