does leave to be considered present, partially present, or fully present once an employee is reinstated after suspension period
From India, Ghaziabad
Acknowledge(0)
Amend(0)
From India, Ghaziabad
Acknowledge(0)Amend(0)
The days of absence from work should be considered as days worked once the employee has been reinstated. That means the days should be considered as fully present and not partially present. The salary during the period should be paid in full with allowances after deducting the subsistence allowance already paid during the period of suspension.
From India, Kannur
Acknowledge(0)Amend(0)
4766From India, Kannur
Acknowledge(0)Amend(0)
Any suggestion depends upon law under which your service/employed and the ground for placing you under suspension. Please post complete facts.
From India, Kochi
Acknowledge(0)Amend(0)
From India, Kochi
Acknowledge(0)Amend(0)
In certain Standing Orders, it is provided that if the suspension results in any punishment (even if it is a minor one like Censure), then the employee is not entitled to any benefit except the subsistence allowance already paid.
In other words, if the employee is honorably acquitted of the charges, then the employee is to be treated as on duty for the suspension period and consequently entitled to the remaining salary and consequential benefits like increment, leave, bonus, incentives, promotion, protection of seniority, and other service benefits for the period of suspension. The employee is to be treated as on duty and is entitled to all consequent benefits.
In this case, it is not clear whether the employee was held guilty and punished or not. Also, the applicable rules in this regard have to be seen.
From India, Mumbai
Acknowledge(0)Amend(0)
In other words, if the employee is honorably acquitted of the charges, then the employee is to be treated as on duty for the suspension period and consequently entitled to the remaining salary and consequential benefits like increment, leave, bonus, incentives, promotion, protection of seniority, and other service benefits for the period of suspension. The employee is to be treated as on duty and is entitled to all consequent benefits.
In this case, it is not clear whether the employee was held guilty and punished or not. Also, the applicable rules in this regard have to be seen.
From India, Mumbai
Acknowledge(0)Amend(0)
Hello,
First of all, if there is any Certified Standing Order in force in the establishment, the provisions therein should be adhered to. If not, then Model standing order provisions as per the Act should be acted upon. If the suspension period has been confirmed or it has been mentioned in the order while allowing duty that no wages shall be paid for the suspension period, the employee shall not be paid any wages for the period of suspension. If the duty has been allowed pending inquiry, then also no wages shall be paid for the suspension period except subsistence allowance (up to 10 days nil, beyond 10 days up to 50% of wages and thereafter as per the provisions of Standing Orders which may extend up to 75% or be reduced to 25%, provisions may be seen for enhancement and reduction in the Act). On completion of the inquiry, the period of suspension will be treated as per the final order passed by the Disciplinary Authority.
If any further guidance is required, you can contact me via email at arunjain.ncl@gmail.com.
AK Jain
Retired Manager HR
Coal India Ltd
From India, New+Delhi
Acknowledge(0)Amend(0)
First of all, if there is any Certified Standing Order in force in the establishment, the provisions therein should be adhered to. If not, then Model standing order provisions as per the Act should be acted upon. If the suspension period has been confirmed or it has been mentioned in the order while allowing duty that no wages shall be paid for the suspension period, the employee shall not be paid any wages for the period of suspension. If the duty has been allowed pending inquiry, then also no wages shall be paid for the suspension period except subsistence allowance (up to 10 days nil, beyond 10 days up to 50% of wages and thereafter as per the provisions of Standing Orders which may extend up to 75% or be reduced to 25%, provisions may be seen for enhancement and reduction in the Act). On completion of the inquiry, the period of suspension will be treated as per the final order passed by the Disciplinary Authority.
If any further guidance is required, you can contact me via email at arunjain.ncl@gmail.com.
AK Jain
Retired Manager HR
Coal India Ltd
From India, New+Delhi
Acknowledge(0)Amend(0)
Mr. Jain, where is it mentioned that subsistence allowance for the first 10 days is Nil, and 50% for the rest, etc.? Unless there is no state Act (like that in Kerala where there is an Act, Kerala Payment of Subsistence Allowance Act), the Standing Orders will specify the subsistence allowance. Even if there are no certified Standing Orders, the Act (Section 10A of the Industrial Employment Standing Orders Act) provides that for the first 90 days, it should be at 50% of wages, and beyond 90 days of suspension, it should be at 75% of wages. Suspension is not a punishment, and as such, no worker shall be denied the allowances for his subsistence.
From India, Kannur
Acknowledge(0)Amend(0)
From India, Kannur
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Attendance sheet.xls
TRAINING ATTENDANCE CARD.doc
Folklore Time and Attendance.pdf