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
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1From India, Dehra Dun
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Dear Pooja,
The suspended employee is only entitled to a suspension allowance and not wages during his suspension period as per the provisions of the Model Standing Orders. If the organization has its own Certified Standing Orders, then the allowance will be at the rate stated in said orders.
As per the Model Standing Orders, the suspension allowance shall be paid as follows:
1) For the first 90 days after suspension, he will be entitled to 50% of the monthly wages.
2) For the next 90 days, he will be entitled to 75% of the monthly wages.
3) After 180 days of suspension, he will be entitled to 100% of the monthly wages.
If Certified Standing Orders are applicable, then in such cases, the suspension allowance shall be paid according to the rates stated in the Certified Standing Order.
Regards,
Shivaji Dhepe
From India, Pune
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The suspended employee is only entitled to a suspension allowance and not wages during his suspension period as per the provisions of the Model Standing Orders. If the organization has its own Certified Standing Orders, then the allowance will be at the rate stated in said orders.
As per the Model Standing Orders, the suspension allowance shall be paid as follows:
1) For the first 90 days after suspension, he will be entitled to 50% of the monthly wages.
2) For the next 90 days, he will be entitled to 75% of the monthly wages.
3) After 180 days of suspension, he will be entitled to 100% of the monthly wages.
If Certified Standing Orders are applicable, then in such cases, the suspension allowance shall be paid according to the rates stated in the Certified Standing Order.
Regards,
Shivaji Dhepe
From India, Pune
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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
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From India, Hyderabad
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Dear Pooja,
Greetings of the day!
You have posted a very good question, and I feel privileged to shed light on the subject of payment of salary during a suspension period. First of all, some information is required from you as follows:
1. Whether your organization is a factory, an establishment, or a company.
2. Whether any disciplinary rules or policies have been framed or adopted by your organization.
The position explained by Mr. Shivaji Dhepe refers to Standing Orders, which are applicable to factories. If your organization is registered as a factory, then the provisions of Standing Orders will apply. However, if your organization is not registered as a factory, then the internal rules made by your organization will be applicable. Furthermore, if there are no such internal rules or policies, then the provisions of government statutes on labor law will apply. Since Mr. Shivaji Dhepe has already explained the provisions of Standing Orders, I will 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 must be followed. Once an employee has been placed under suspension, they would be eligible to draw a "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 at 50% will be payable for the first three months, i.e., 90 days. Thereafter, the suspension order is to be reviewed, and a decision is required on whether the suspension will continue to be in force or the employee is to be reinstated into service. If the employee is to continue under suspension, then the amount of Subsistence Allowance will be increased to 75% of the Basic Pay and Dearness Allowance. A decision must be made within six months (180 days) on the fate of the employee. If 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.
I hope this clarifies your query. If you have any other questions or curiosities, you can contact me via email at srivastavacmlal@gmail.com.
Srivastava CM Lal
09818680671
From India, New Delhi
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Greetings of the day!
You have posted a very good question, and I feel privileged to shed light on the subject of payment of salary during a suspension period. First of all, some information is required from you as follows:
1. Whether your organization is a factory, an establishment, or a company.
2. Whether any disciplinary rules or policies have been framed or adopted by your organization.
The position explained by Mr. Shivaji Dhepe refers to Standing Orders, which are applicable to factories. If your organization is registered as a factory, then the provisions of Standing Orders will apply. However, if your organization is not registered as a factory, then the internal rules made by your organization will be applicable. Furthermore, if there are no such internal rules or policies, then the provisions of government statutes on labor law will apply. Since Mr. Shivaji Dhepe has already explained the provisions of Standing Orders, I will 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 must be followed. Once an employee has been placed under suspension, they would be eligible to draw a "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 at 50% will be payable for the first three months, i.e., 90 days. Thereafter, the suspension order is to be reviewed, and a decision is required on whether the suspension will continue to be in force or the employee is to be reinstated into service. If the employee is to continue under suspension, then the amount of Subsistence Allowance will be increased to 75% of the Basic Pay and Dearness Allowance. A decision must be made within six months (180 days) on the fate of the employee. If 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.
I hope this clarifies your query. If you have any other questions or curiosities, you can contact me via email at srivastavacmlal@gmail.com.
Srivastava CM Lal
09818680671
From India, New Delhi
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(Fact Checked)-The user reply contains accurate information regarding the payment of salary during a suspension period, including details on subsistence allowance and the process to be followed. (1 Acknowledge point)
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Hi,
As per Section 10-A of the Industrial Employment (Standing Orders) Act, 1946, it clearly envisages that an employee suspended by the employer pending disciplinary action for misconduct committed by him is entitled to a subsistence allowance as follows:
i) 50% of the wages the employee was entitled to immediately preceding the date of such suspension for the first 90 days of suspension.
ii) 75% for the remaining period of suspension if there is a delay in the completion of disciplinary proceedings against the employee who is not directly responsible for the conduct of such employee.
Note: You have to check if there are any State Rules regarding the payment of subsistence allowance beyond what is mentioned above. Whether the employee requests it or not, you have to pay the same. Otherwise, your disciplinary proceedings may be deemed invalid in a court of law.
By Sudhkar
From India
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As per Section 10-A of the Industrial Employment (Standing Orders) Act, 1946, it clearly envisages that an employee suspended by the employer pending disciplinary action for misconduct committed by him is entitled to a subsistence allowance as follows:
i) 50% of the wages the employee was entitled to immediately preceding the date of such suspension for the first 90 days of suspension.
ii) 75% for the remaining period of suspension if there is a delay in the completion of disciplinary proceedings against the employee who is not directly responsible for the conduct of such employee.
Note: You have to check if there are any State Rules regarding the payment of subsistence allowance beyond what is mentioned above. Whether the employee requests it or not, you have to pay the same. Otherwise, your disciplinary proceedings may be deemed invalid in a court of law.
By Sudhkar
From India
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(Fact Checked)-The user's reply is generally correct regarding the entitlement to subsistence allowance during a suspension period as per the Industrial Employment (Standing Orders) Act, 1946. However, it is advisable to consult specific state rules for additional provisions. (1 Acknowledge point)
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Under Section 10A, a subsistence allowance is available to workmen in establishments covered under the Act. In other establishments, an employer can suspend a workman only if such a provision is included in the terms of appointment, conditions of service, or rules and regulations of the firm. If there is no such provision, the employer can suspend a workman only with full salary. In states where a specific law on subsistence allowance exists (e.g., Kerala), the matter will be governed according to its provisions.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Varghese Mathew
9961266966
From India, Thiruvananthapuram
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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 can the employee be suspended without any statute? If it is challenged that the suspension is illegal, will the employee be entitled to get his full salary?
From India, Calcutta
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From India, Calcutta
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(Fact Checked)-The employee is entitled to full salary during suspension unless there is a clear provision stating otherwise in the employment contract or company policies. (1 Acknowledge point)
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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, cannot 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 regularization 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
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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, cannot 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 regularization 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
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(Fact Checked)-The user's reply contains accurate information regarding employee suspension, types of suspension, and the payment of wages during suspension periods. No corrections needed. (1 Acknowledge point)
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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
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From India, Kochi
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(Fact Checked)-The employee is entitled to salary during the suspension period unless otherwise stated in the company's policies or employment contract. (1 Acknowledge point)
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Before suspension, the employee is eligible for salary. During the suspension period, the employee is eligible for a subsistence allowance. If you are an employee, please contact your employer to claim either salary or subsistence allowance.
From India, New Delhi
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From India, New Delhi
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If, as a punitive measure, an employee has been suspended, then whether the employee is eligible for the salary for that suspension period or not. And if yes, then whether his/her PF contribution is to be deducted or not.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-The employee under suspension is generally not entitled to receive salary. However, PF contributions should not be deducted during this period. (1 Acknowledge point)
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(Fact Checked)-[B]Response[/B]: The legality of suspension and salary entitlement varies. Consult labor laws and employment contract terms for guidance. (1 Acknowledge point)