You can keep the superannuation benefits pending depending upon the service rules of the company. However, gratuity which is payable even if the employee has been convicted for a criminal offence, should be paid in time unless the criminal act or misconduct has taken place during the course of employment. That means, if the crime has nothing to do with employment or the crime had taken place outside the office not connected with office, then he is eligible for gratuity.
Regards,
Madhu.T.K
From India, Kannur
4249Regards,
Madhu.T.K
From India, Kannur
Dear Mr Gautam Please let me know whether you want to know rules applicable to Govt. servants or private sector employees so that an appropriate reply may be give.
From India, New Delhi
From India, New Delhi
Dear Mr Vivan Chandrashekar
Thanks for valuable feedback. But I would like to point out that Police have a duty to inform the employer particularly in case of a government servant. Rules are there on the subject.
In my reply I had made it clear that suspension is resorted to for official misconduct. However since the judicial custody is a part of criminal proceeding therefore an employee can be placed under deemed suspension as per rules of the organization. In the absence of rules, suspension is not barred as principles of Natural Justice would apply for the employer and the employee both.
Thirdly an inquiry is generally held for misconduct committed during performance of official duties. In the present example of judicial custody on personal matter, action can be taken on the information given by the employee and its verification by the employer.
An employee is to be marked absent if no information is sent to the employer by the employee.
From India, New Delhi
Thanks for valuable feedback. But I would like to point out that Police have a duty to inform the employer particularly in case of a government servant. Rules are there on the subject.
In my reply I had made it clear that suspension is resorted to for official misconduct. However since the judicial custody is a part of criminal proceeding therefore an employee can be placed under deemed suspension as per rules of the organization. In the absence of rules, suspension is not barred as principles of Natural Justice would apply for the employer and the employee both.
Thirdly an inquiry is generally held for misconduct committed during performance of official duties. In the present example of judicial custody on personal matter, action can be taken on the information given by the employee and its verification by the employer.
An employee is to be marked absent if no information is sent to the employer by the employee.
From India, New Delhi
Thanks Madhu T.K. for your valuable suggestion. we are central PSU employees having standing orders for non executive employees according to which we have discretion to suspend an employee if found to be in judicial custody.I want to know whether he can avail leave at his credit during his judicial custody.
From India, Pune
From India, Pune
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Employee Appraisal Form new.doc