Dear All,
I need a advice from HR Professionals, I am working with an IT Company having 40 employees.
One of our employees has been suspended for 20 days because of his poor performance. His previous record is also not good. His total serving period in our organisation is 7 months. And his leave record in 7 months is 20 days. when he gone for 15 days on leave (for his marriage) we provide him special leaves with Pay.
Mine question is as he is suspended from his services, what should i do for calculating his salary for this month? Should i deduct the salary for suspension days? or shall i calculate this as his working days?
Please give me advice ....
Regards,
Seema
From India, Delhi
3I need a advice from HR Professionals, I am working with an IT Company having 40 employees.
One of our employees has been suspended for 20 days because of his poor performance. His previous record is also not good. His total serving period in our organisation is 7 months. And his leave record in 7 months is 20 days. when he gone for 15 days on leave (for his marriage) we provide him special leaves with Pay.
Mine question is as he is suspended from his services, what should i do for calculating his salary for this month? Should i deduct the salary for suspension days? or shall i calculate this as his working days?
Please give me advice ....
Regards,
Seema
From India, Delhi
Hi Seema, You cant add his suspended as working days. he shd be only paid for the no.of days he came to office
From India, Delhi
From India, Delhi
Hello Seema,
As you told that employee was suspended for 20 days because of his poor performance. If suspension order was passed as imposition of penality then it can be without pay. But it should be done before following Law of natural justice i.e proper opportunity must be give before imposing any penalty.
But where an employee is charged with misconduct for which there is prima-facie case for imposing the major/minor penality and it is not considered desirable that he should remain on duty then the order of suspension may be given in writing.
And during suspension period employee is entitled to subsistence allowance equal to fifty percent of the wages for first ninty days. (For further detail you can refer Model Standing Order). If however, the period of suspension exceeds ninty days for reasons to be recorded in writing subsistence allowance shall be Seventy Five Percent of his aforesaid wages from the 91st day onwards. It the period of suspension exceeds more than 90 days due to workman the subsistence allowance shall be twenty five percent instead of seventy five percent.
But before following the above please go through provisions of Standing Order/Service Rules of your organisation.
Regards,
Anuj
From India, Lucknow
As you told that employee was suspended for 20 days because of his poor performance. If suspension order was passed as imposition of penality then it can be without pay. But it should be done before following Law of natural justice i.e proper opportunity must be give before imposing any penalty.
But where an employee is charged with misconduct for which there is prima-facie case for imposing the major/minor penality and it is not considered desirable that he should remain on duty then the order of suspension may be given in writing.
And during suspension period employee is entitled to subsistence allowance equal to fifty percent of the wages for first ninty days. (For further detail you can refer Model Standing Order). If however, the period of suspension exceeds ninty days for reasons to be recorded in writing subsistence allowance shall be Seventy Five Percent of his aforesaid wages from the 91st day onwards. It the period of suspension exceeds more than 90 days due to workman the subsistence allowance shall be twenty five percent instead of seventy five percent.
But before following the above please go through provisions of Standing Order/Service Rules of your organisation.
Regards,
Anuj
From India, Lucknow
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