Dear friends,
When we discuss the "subject of suspension" it's automatic that the payment of subsistence allowance during "suspension pending enquiry" also arises. This is because suspension "without payment of subsistence allowance" is null and void (ref. Capt.Paul Anthony Vs. B.G.M.L. (S.C.). Regarding the period of suspension, as you all know, should be governed by S.O read with relevant Acts & Rules such as ID Act, the Industrial Employment (Standing Orders) Act, 1946 etc. In some cases the HR policies governs such suspension issues which actions of such employer is subjected to the natural justice. Some of the relevant provisions are discussed in the attached judgments which may thro' some light on the issue.
From India, Bangalore
1073When we discuss the "subject of suspension" it's automatic that the payment of subsistence allowance during "suspension pending enquiry" also arises. This is because suspension "without payment of subsistence allowance" is null and void (ref. Capt.Paul Anthony Vs. B.G.M.L. (S.C.). Regarding the period of suspension, as you all know, should be governed by S.O read with relevant Acts & Rules such as ID Act, the Industrial Employment (Standing Orders) Act, 1946 etc. In some cases the HR policies governs such suspension issues which actions of such employer is subjected to the natural justice. Some of the relevant provisions are discussed in the attached judgments which may thro' some light on the issue.
From India, Bangalore
Suspension is done when administration need enquiry & suspend employee may not alter proof. Suspension is not punishment.
From India, Indore
From India, Indore
With all due respects, no subsistence allowance is attracted if the suspension is by way of punishment after following due process of domestic enquiry. Subsistence allowance is only payable when an employee is suspended pending enquiry.
From India, Kolkata
From India, Kolkata
most post are technically correct.just a addition in when your stuck in this situation,suspension and terminations are nothing but politics.it usually happens when you have jacked up at something or someone has framed you.if you jacked up then no issue.but if you have been jacked up consult the con guru.whatever said and done if company does not want you then there is no stopping.but being a manager you should be able to read between the lines and work around it.very few know you get paid by rival companies to jackup good employees.
From India, Mumbai
From India, Mumbai
Suspension is a temporary termination from service. Suspension is not a punishment according to Law. During the period of suspension, the employee is entitled to receive subsistence allowance for his livelihood. Suspension cannot be continued for ever. The suspension order shall be revoked after two years, by that time the case against the employee is required to be decided.
Termination is nothing but ousting. Employees can be terminated from service for various reasons. However, the termination orders are subject to judicial review.
From Canada, Calgary
Termination is nothing but ousting. Employees can be terminated from service for various reasons. However, the termination orders are subject to judicial review.
From Canada, Calgary
\"SUSPENSION\" FOR NOT MORE THAN 4 DAYS MEANS AS A PUNISHMENTS FOR TIME LIMIT AND TERMINATION MEANS END OF RELATIONSHIP BETWEEN EMPLOYER AND EMPLOYEES.
From India, Mumbai
From India, Mumbai
Suspension is a temporary termination, subject to re-reinstatement after the specified period. Termination is nothing but ousting from service. Suspension is not a punishment.
From Canada, Calgary
From Canada, Calgary
It is not appropriate to construe suspension pending disciplinary action as temporary termination.On the other hand suspension keeps the contract of service only in abeyance for the period during which the disciplinary action is pending and does not sever it even temporarily.It is not compulsory that an employee is entitled to reinstatement in all cases of suspension as it depends up on the result of disciplinary action and domestic inquiry where it is possible to dismiss an employee for a proved misconduct.An employee is entitled to reinstatement only where the suspension is revoked pending inquiry and where the penalty imposed is other than dismissal.
B.Saikumar
HR & IR Advisor
From India, Mumbai
B.Saikumar
HR & IR Advisor
From India, Mumbai
When an employee misconduct and it is necessary to conduct an inquiry to find out the fact.it seems that employee affect the fact/proofs/witness then an employee Suspend. Suspension depends on the disciplinary authority for days. When disciplinary authority satisfy that primary inquiry complete,then employee can be revoked.
From India, Indore
From India, Indore
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