i just wanted to ask that if any employee is on suspension period, is he eligible to get salary or he may ask fro the same or not?
From India, Dehra Dun
1From India, Dehra Dun
Dear Pooja
The suspended employee is only entitle for suspension allowance and not wages during his suspension period as per the provisions of Model Standing Orders or if the organization has its own Certified Standing Orders the at the rate stated in said orders .
As per Model Standing Orders the suspension allowance shall be paid as under :
1) For first 90 days after suspension he will be entitle 50% of monthly wages
2) For next 90 days period he will be entitle 75% of monthly wages
3) After 180 days after suspension he will be entitle for 100% of monthly wages
and if Certified Standing Orders applicable then in such cases suspension allowance shall be paid as per the rate stated in said Certified Standing Order.
Regards
Shivaji Dhepe
From India, Pune
The suspended employee is only entitle for suspension allowance and not wages during his suspension period as per the provisions of Model Standing Orders or if the organization has its own Certified Standing Orders the at the rate stated in said orders .
As per Model Standing Orders the suspension allowance shall be paid as under :
1) For first 90 days after suspension he will be entitle 50% of monthly wages
2) For next 90 days period he will be entitle 75% of monthly wages
3) After 180 days after suspension he will be entitle for 100% of monthly wages
and if Certified Standing Orders applicable then in such cases suspension allowance shall be paid as per the rate stated in said Certified Standing Order.
Regards
Shivaji Dhepe
From India, Pune
Dear pooja Have you done the suspension with all the legal formalities or just as notice to the employee. Based upon your reply will be provided the sugession Laxmi 9866917232
From India, Hyderabad
From India, Hyderabad
Dear Pooja
Greetings of day!
You have posted a very good question and I feel privileged to throw light on the subject of payment of salary during suspension period. First of all some information was required to be given by you as under:
1. Whether your organization is a factory or an establishment or a company.
2. Whether any disciplinary rules or policy have been framed or adopted by your organization.
The position explained by Mr Shivaji Dhepe refers to Standing Orders which is applicable to factories. In case your organization is registered as a factory then the provisions of Standing Orders will apply. However in case your organization is not registered as a factory then the internal rules made by your organization will be applicable. Further if there is no such internal rule or policy then provisions of government statutes on labour law will apply. Since the provisions of Standing Orders has been already explained by Mr Shivaji Dhepe, I would attempt to explain the other side of the coin.
An employee can be placed under suspension only when its provision has been made in the disciplinary rules of an organization. The procedure of placing an employee under suspension has to be followed. Once an employee has been placed under suspension he would be eligible to draw "Subsistence Allowance" during the suspension period. The amount of Subsistence Allowance will be equal to 50% of the Basic 'Wages and Dearness Allowance. This amount @ 50% will be payable for a period of first three months i.e. 90 days. Thereafter the suspension order is to be reviewed and an order is required to be passed whether the suspension will continue to be in force or the employee is to be reinstated into service. If the employee is to continue to remain under suspension then the amount of Subsistence Allowance will be increased to 75% of the Basic Pay and Dearness Allowance. A decision has to be taken within 6 months (180 days) on the fate of the employee. In case the employee is not required to be reinstated then a formal inquiry is to be ordered and conducted. Final orders will be passed by the Disciplinary Authority of the organization based on the findings of the Inquiry Officer who was nominated by the Management to conduct the inquiry.
Hope this clarifies your query. If you have any other question/curiosity you can contact at email
Srivastava CM Lal
09818680671
From India, New Delhi
Greetings of day!
You have posted a very good question and I feel privileged to throw light on the subject of payment of salary during suspension period. First of all some information was required to be given by you as under:
1. Whether your organization is a factory or an establishment or a company.
2. Whether any disciplinary rules or policy have been framed or adopted by your organization.
The position explained by Mr Shivaji Dhepe refers to Standing Orders which is applicable to factories. In case your organization is registered as a factory then the provisions of Standing Orders will apply. However in case your organization is not registered as a factory then the internal rules made by your organization will be applicable. Further if there is no such internal rule or policy then provisions of government statutes on labour law will apply. Since the provisions of Standing Orders has been already explained by Mr Shivaji Dhepe, I would attempt to explain the other side of the coin.
An employee can be placed under suspension only when its provision has been made in the disciplinary rules of an organization. The procedure of placing an employee under suspension has to be followed. Once an employee has been placed under suspension he would be eligible to draw "Subsistence Allowance" during the suspension period. The amount of Subsistence Allowance will be equal to 50% of the Basic 'Wages and Dearness Allowance. This amount @ 50% will be payable for a period of first three months i.e. 90 days. Thereafter the suspension order is to be reviewed and an order is required to be passed whether the suspension will continue to be in force or the employee is to be reinstated into service. If the employee is to continue to remain under suspension then the amount of Subsistence Allowance will be increased to 75% of the Basic Pay and Dearness Allowance. A decision has to be taken within 6 months (180 days) on the fate of the employee. In case the employee is not required to be reinstated then a formal inquiry is to be ordered and conducted. Final orders will be passed by the Disciplinary Authority of the organization based on the findings of the Inquiry Officer who was nominated by the Management to conduct the inquiry.
Hope this clarifies your query. If you have any other question/curiosity you can contact at email
Srivastava CM Lal
09818680671
From India, New Delhi
Hi,
As per Section 10-A of Industrial Employment (Standing Orders) Act, 1946 clearly envisages that employee suspended by the employer pending disciplinary action for the misconduct committed by him entitle for subsistence allowance:-
i) @50% of the wages employee was entitled immediately preceding date of such suspension for first 90 days of suspension;
ii) @ 75% for remaining period of suspension if the delay in the completion of disciplinary proceedings against the employee who is not directly responsible to the conduct of such employee
Note: You have to see any State Rules are there in this connection regarding payment of subsistence allowance beyond what is mentioned above. Whether employee is asking or not you have to pay the same. Otherwise your disciplinary proceedings will become vitiated in the court of law.
bv sudhkar
From India
As per Section 10-A of Industrial Employment (Standing Orders) Act, 1946 clearly envisages that employee suspended by the employer pending disciplinary action for the misconduct committed by him entitle for subsistence allowance:-
i) @50% of the wages employee was entitled immediately preceding date of such suspension for first 90 days of suspension;
ii) @ 75% for remaining period of suspension if the delay in the completion of disciplinary proceedings against the employee who is not directly responsible to the conduct of such employee
Note: You have to see any State Rules are there in this connection regarding payment of subsistence allowance beyond what is mentioned above. Whether employee is asking or not you have to pay the same. Otherwise your disciplinary proceedings will become vitiated in the court of law.
bv sudhkar
From India
U/s 10 A subsistence allowance is available to workmen of those establishments covered under the Act.In other establishments employer can suspend a workmen only if such a provision is there in the terms of appointment or conditions of service or rules or regulations of the firm.If there is no such provision employer can suspend a workmen only with full salary.In states where specific law on subsistence allowance(eg :Kerala) is there the matter will be governed according to its provisions.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
Varghese Mathew
9961266966
From India, Thiruvananthapuram
If there is no service rule in the establishment,what will be the fate of suspension. If there is no condition in the appointment letter how the employee be suspended without any statute. If it is challenged that the suspension is illegal. Will the employee is entitled to get his full salary ?
From India, Calcutta
From India, Calcutta
Dear Bijumithu,
I think that Mr.VARGHESE has already clearly explained the source of authority providing for suspension of an employee under certain circumstances, how the power of placing an employee under suspension could be exercised by the employer and the compensation payable during the entire period of suspension in lieu of wages.
" Suspension " of an employee does not end his contract of employment with his employer but only precludes him from attending his duties or office as before. Therefore, suspension is a temporary ban on the employee's right to work and to earn wage or salary as per the terms of the contract of employment and to that extent the employment contract remains in suspended animation.
Again, suspension is of two types viz., punitive suspension and suspension pending enquiry on certain disciplinary charges either already initiated or likely to be initiated.
" Punitive Suspension", as the very name would suggest, is a punishment awarded as per the Rules of discipline. Therefore, it has all the stigma or negative impact attached to any other punishment in respect of employment prospects like periodical increment, promotion apart from disentitlement to wages for the actual period and continuity of service. Therefore, ultimately it is subject to Judicial Scrutiny if appealed by the affected employee.
But the other type of suspension viz., suspension pending enquiry, per se, can not be successfully agitated if it is ordered, continued and revoked by the employer strictly in accordance with the relevant Rules or the terms of the contract of employment. Here, by revocation of suspension what I mean is that regularisation of the entire period of suspension as duty if the disciplinary proceedings end up in some other punishment. Similarly, non-payment of subsistence allowance or payment at a rate lesser than what is prescribed would vitiate the entire disciplinary proceeding on Judicial Scrutiny. The purpose of payment of subsistence allowance at progressive rates up to a certain period is not only to enable the employee to get compensated for the loss of earnings as well as to effectively defend his case but also to persuade the employer to dispose of the disciplinary proceedings within a reasonable period of time. Therefore, keeping an employee under suspension for long by lingering the process of domestic enquiry or delaying the final orders unnecessarily would be viewed as an unfair labor practice on the part of the employer.
If the contract of employment is silent either about suspension or subsistence allowance payable accordingly, as rightly stated by Varghese, the employer has to pay the actual wages for the entire period of suspension. However, such a situation does not curtail the employer's power to suspend an employee on the proper reason of alleged misconduct and pending disciplinary action in this regard for the reason that the inherent power of the employer to initiate disciplinary action carries within its fold the power to suspend also.
From India, Salem
I think that Mr.VARGHESE has already clearly explained the source of authority providing for suspension of an employee under certain circumstances, how the power of placing an employee under suspension could be exercised by the employer and the compensation payable during the entire period of suspension in lieu of wages.
" Suspension " of an employee does not end his contract of employment with his employer but only precludes him from attending his duties or office as before. Therefore, suspension is a temporary ban on the employee's right to work and to earn wage or salary as per the terms of the contract of employment and to that extent the employment contract remains in suspended animation.
Again, suspension is of two types viz., punitive suspension and suspension pending enquiry on certain disciplinary charges either already initiated or likely to be initiated.
" Punitive Suspension", as the very name would suggest, is a punishment awarded as per the Rules of discipline. Therefore, it has all the stigma or negative impact attached to any other punishment in respect of employment prospects like periodical increment, promotion apart from disentitlement to wages for the actual period and continuity of service. Therefore, ultimately it is subject to Judicial Scrutiny if appealed by the affected employee.
But the other type of suspension viz., suspension pending enquiry, per se, can not be successfully agitated if it is ordered, continued and revoked by the employer strictly in accordance with the relevant Rules or the terms of the contract of employment. Here, by revocation of suspension what I mean is that regularisation of the entire period of suspension as duty if the disciplinary proceedings end up in some other punishment. Similarly, non-payment of subsistence allowance or payment at a rate lesser than what is prescribed would vitiate the entire disciplinary proceeding on Judicial Scrutiny. The purpose of payment of subsistence allowance at progressive rates up to a certain period is not only to enable the employee to get compensated for the loss of earnings as well as to effectively defend his case but also to persuade the employer to dispose of the disciplinary proceedings within a reasonable period of time. Therefore, keeping an employee under suspension for long by lingering the process of domestic enquiry or delaying the final orders unnecessarily would be viewed as an unfair labor practice on the part of the employer.
If the contract of employment is silent either about suspension or subsistence allowance payable accordingly, as rightly stated by Varghese, the employer has to pay the actual wages for the entire period of suspension. However, such a situation does not curtail the employer's power to suspend an employee on the proper reason of alleged misconduct and pending disciplinary action in this regard for the reason that the inherent power of the employer to initiate disciplinary action carries within its fold the power to suspend also.
From India, Salem
if the employee has to stay away from work during the inquiry proceedings before suspension whether the employer has to pay salary for that particular period?
From India, Kochi
From India, Kochi
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