Gretings seniors,
Want to know if some person is on suspenssion due to investigation is going on is there any time limit or dead line for that organisation to revert back to the suspended employee. For example employee is on suspension from last 3 months howeverer organisation is not providing any updates or deadline after several follow ups done by the employee. Is there any legal action
From India, Mumbai
Want to know if some person is on suspenssion due to investigation is going on is there any time limit or dead line for that organisation to revert back to the suspended employee. For example employee is on suspension from last 3 months howeverer organisation is not providing any updates or deadline after several follow ups done by the employee. Is there any legal action
From India, Mumbai
Dear Anonymous,
Your query is baseless. We cannot answer your query without knowing the complete scenario. Not only me nor anyone could work on your issue if you provide us such clueless post. How can you even expect legal advise to be provided to you [hitherto One-Sided].
- Why was the employee suspended?
- What is the reason provided hen for his suspension?
- Why was it for a period of 3 months [unless a substantial (element/material) suspicion]?
- Did the Company promised to get back by the stipulated time stand?
- What were the reasons told by the employer in those several follow-ups?
You need to give us the detailed conditions & state of affairs in order to get a clear picture. You may also need to understand that by giving any answer at this time would become erroneous. Therefore, for our seniors& legal advisors to retort on your query, you need to draft; comphrehend the above as desired.
From India, Visakhapatnam
990Your query is baseless. We cannot answer your query without knowing the complete scenario. Not only me nor anyone could work on your issue if you provide us such clueless post. How can you even expect legal advise to be provided to you [hitherto One-Sided].
- Why was the employee suspended?
- What is the reason provided hen for his suspension?
- Why was it for a period of 3 months [unless a substantial (element/material) suspicion]?
- Did the Company promised to get back by the stipulated time stand?
- What were the reasons told by the employer in those several follow-ups?
You need to give us the detailed conditions & state of affairs in order to get a clear picture. You may also need to understand that by giving any answer at this time would become erroneous. Therefore, for our seniors& legal advisors to retort on your query, you need to draft; comphrehend the above as desired.
From India, Visakhapatnam
If you provided more details as Sharmila said, it would have enabled members to give a specific reply.However some basic steps that can be suggested are :
When the employee is following up with the company about his suspension,- he may be asking about revocation of suspension or how long he shall be under suspension or challenging his suspension etc- the company, instead of keeping quiet, can send a suitable reply to the employee concerned.It appears that the employee has been suspended, pending investigation. Therefore the suspension can continue till the investigation continues. The company can take a decision on the fate of suspension- whether to continue or to revoke- on the basis of investigation report. For the present I do not visualize any legal remedy for the employee since it is only three months since he has been suspended.
B.Saikumar
Mumbai
From India, Mumbai
When the employee is following up with the company about his suspension,- he may be asking about revocation of suspension or how long he shall be under suspension or challenging his suspension etc- the company, instead of keeping quiet, can send a suitable reply to the employee concerned.It appears that the employee has been suspended, pending investigation. Therefore the suspension can continue till the investigation continues. The company can take a decision on the fate of suspension- whether to continue or to revoke- on the basis of investigation report. For the present I do not visualize any legal remedy for the employee since it is only three months since he has been suspended.
B.Saikumar
Mumbai
From India, Mumbai
Dear, Give detail background of your suspension and reasons. Contact me on my mob. Reg. 07791044125
From India, Suri
From India, Suri
Dear Member
As such there is no "time limit" precribed for "suspension against pending inquiry". However unreasonable and unjustified delay on part of "manageent" shall amount to vilation of "principle of natural justice" and the employee can very well file a complaint with concerned labour machinery.
For your information upto 90 days the employee is liable to recieve 50% of his wages a s subsitenance allowance and the delay beyond 90 days due to reasosns attirbuted to management the substistance allowance has to be 75%.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
As such there is no "time limit" precribed for "suspension against pending inquiry". However unreasonable and unjustified delay on part of "manageent" shall amount to vilation of "principle of natural justice" and the employee can very well file a complaint with concerned labour machinery.
For your information upto 90 days the employee is liable to recieve 50% of his wages a s subsitenance allowance and the delay beyond 90 days due to reasosns attirbuted to management the substistance allowance has to be 75%.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
Dear,
If management decision " No time limit" for "suspension against pending inquiry, is not correct, Enquiry should be time bound and if managment is getting delayed, you can ask the reason. Also you are liable to get subsitenance allowance.
Keep followup with management on emails or through letters and avoid telephonic communication with them. If management is avoiding to respond your emails, it will be show his willful fault and conspiracy.
Reg.
Nishant
From India, Suri
If management decision " No time limit" for "suspension against pending inquiry, is not correct, Enquiry should be time bound and if managment is getting delayed, you can ask the reason. Also you are liable to get subsitenance allowance.
Keep followup with management on emails or through letters and avoid telephonic communication with them. If management is avoiding to respond your emails, it will be show his willful fault and conspiracy.
Reg.
Nishant
From India, Suri
Dear Anonymous,
Is't suspension pending Enquiry, a departmental Enquiry has been ordered and if so it's still not concluded ? The time period should be reasonable that's all we can say. Ofcourse what should be the 'time period'' to end the suspension has to be interpreted only by the Conciliation and/or by a competent court. What you can do now is send letter to the Enquiry Officer pointing out the inordinate delay. What about the Subsistence Allowance, are you not paid ? As long as it's delayed you won't lose anything as the law says the following about the subsistence allowance during suspension period like this:
Industrial Employment Standing Orders Act, 1946 " 10A. Payment of subsistence allowance-
1[ 10-A. 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 percent 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 subsection (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".
Please check applicability of the said provisions.
kumar.s.
From India, Bangalore
Is't suspension pending Enquiry, a departmental Enquiry has been ordered and if so it's still not concluded ? The time period should be reasonable that's all we can say. Ofcourse what should be the 'time period'' to end the suspension has to be interpreted only by the Conciliation and/or by a competent court. What you can do now is send letter to the Enquiry Officer pointing out the inordinate delay. What about the Subsistence Allowance, are you not paid ? As long as it's delayed you won't lose anything as the law says the following about the subsistence allowance during suspension period like this:
Industrial Employment Standing Orders Act, 1946 " 10A. Payment of subsistence allowance-
1[ 10-A. 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 percent 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 subsection (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".
Please check applicability of the said provisions.
kumar.s.
From India, Bangalore
Dear Friend,
It all depends upon the Misconduct committed by the employee. If the same is related to some continuous act for quite some time i have the personal experience that the same takes time to get to the bottom of the loss incurred due to it. Which can go upto years. Although as rightly suggusted by Kumar.S. and Shailesh Parikh such person is eligible for subsistence allowance.
I would request you to elaborate the incident in order to let the worthy members opine you adequately.
From India, New Delhi
It all depends upon the Misconduct committed by the employee. If the same is related to some continuous act for quite some time i have the personal experience that the same takes time to get to the bottom of the loss incurred due to it. Which can go upto years. Although as rightly suggusted by Kumar.S. and Shailesh Parikh such person is eligible for subsistence allowance.
I would request you to elaborate the incident in order to let the worthy members opine you adequately.
From India, New Delhi
There is no specific period of limitation for suspending an employee pending enquiry, unless otherwise, mentioned in the service rules, standing orders, conduct rules or terms of contract applicable to him.
In certain State Acts like Kerala Cooperative Societies Act 1969, no employee can be suspended more than one year at a time without the prior and express approval of the Registrar of Coop. Societies.
Since the purpose of suspending an employee is to conduct enquiry into the charges levelled against the employee, no time limit can be prescribed, since the enquiry has to be completed adhering to principles of Natural Justice. Generally suspension is done when the charges are of serious in nature, which may lead to awarding major punishment, after conduct of enquiry.
An employee under suspension is entitled for Subsistence Allowance which is 50% for first ninety days and 75% after 90 days as per Section 10A of the IE(SO) Act 1946.
Some States prescribe a higher subsistence allowance. For example under Kerala Payment of Subsistence Allowance Act 1973, and Tamil Nadu Payment of Subsistence Allowance Act 1981, after 180 days, the employee under suspension is entitled to get 100% of wages as subsistence allowance. In Karnataka Payment of Subsistence Allowance Act 1988 (wef 1992) is 90% after 180 days. I am not familiar with similar State Acts in other States.
It is always in the interest of the employer to conduct the enquiry and complete the process as early as possible, as subsistence allowance once paid cannot be recovered in any case and in case of reinstatement revoking suspension, the salary/wages in full, after deducting the subsistence allowance paid, is to be paid.
Now decide how long you want to suspend an employee ?
K C S Kutty
From India, Madras
In certain State Acts like Kerala Cooperative Societies Act 1969, no employee can be suspended more than one year at a time without the prior and express approval of the Registrar of Coop. Societies.
Since the purpose of suspending an employee is to conduct enquiry into the charges levelled against the employee, no time limit can be prescribed, since the enquiry has to be completed adhering to principles of Natural Justice. Generally suspension is done when the charges are of serious in nature, which may lead to awarding major punishment, after conduct of enquiry.
An employee under suspension is entitled for Subsistence Allowance which is 50% for first ninety days and 75% after 90 days as per Section 10A of the IE(SO) Act 1946.
Some States prescribe a higher subsistence allowance. For example under Kerala Payment of Subsistence Allowance Act 1973, and Tamil Nadu Payment of Subsistence Allowance Act 1981, after 180 days, the employee under suspension is entitled to get 100% of wages as subsistence allowance. In Karnataka Payment of Subsistence Allowance Act 1988 (wef 1992) is 90% after 180 days. I am not familiar with similar State Acts in other States.
It is always in the interest of the employer to conduct the enquiry and complete the process as early as possible, as subsistence allowance once paid cannot be recovered in any case and in case of reinstatement revoking suspension, the salary/wages in full, after deducting the subsistence allowance paid, is to be paid.
Now decide how long you want to suspend an employee ?
K C S Kutty
From India, Madras
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