Dear Seniors,
I have gone through various discussions on this topic but could not find a perfect answer as per law (in Maharashtra).
One workman had a fight with a management staff over his excess utilization of break time. During the argument, he threatened the staff that he will beat him up. On the staff's complaint, we will be suspending the workman and will be initiating the domestic enquiry. My query is:
1) Do we need to pay 50% of his wage during his period of suspension? Does the wage here refer to the entire salary or only basic + DA?
2) After 90 days, do we need to pay 75% of the wage? Is it compulsory as per law, or are there any conditions? Is there any way by which management can avoid the payment of 75% salary?
3) After what time does the payment reach 100%?
4) Will the employee be eligible for receiving payment for holidays and weekly off during the time of suspension?
From India, Mumbai
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10I have gone through various discussions on this topic but could not find a perfect answer as per law (in Maharashtra).
One workman had a fight with a management staff over his excess utilization of break time. During the argument, he threatened the staff that he will beat him up. On the staff's complaint, we will be suspending the workman and will be initiating the domestic enquiry. My query is:
1) Do we need to pay 50% of his wage during his period of suspension? Does the wage here refer to the entire salary or only basic + DA?
2) After 90 days, do we need to pay 75% of the wage? Is it compulsory as per law, or are there any conditions? Is there any way by which management can avoid the payment of 75% salary?
3) After what time does the payment reach 100%?
4) Will the employee be eligible for receiving payment for holidays and weekly off during the time of suspension?
From India, Mumbai
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The wages should be taken as Gross wages and also as he is a daily rated worker his holidays has to be paid and there is no question of weekly off payment.
From India, New Delhi
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From India, New Delhi
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If you can prove beyond doubt that the delay in concluding the inquiry happened because of the attitude/behavior of the workmen, then you can continue to pay 50% of the wages as a subsistence allowance.
Presuming that the delinquent employee is a permanent employee and on the monthly salary system, there is no requirement to pay anything separately as a week off and holiday as it is already covered under the subsistence allowance he is getting.
From India, Thane
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Presuming that the delinquent employee is a permanent employee and on the monthly salary system, there is no requirement to pay anything separately as a week off and holiday as it is already covered under the subsistence allowance he is getting.
From India, Thane
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Salary-Note.doc
SALARY SHEET CALCULATION.xls