Dear friends,
Pl.go thro' the attachments for your guidance on the subject. I hope most of your queries are answered which had been discussed earlier also in the forum, search and go thro'
Regards,
kumar.s.
From India, Bangalore
362Pl.go thro' the attachments for your guidance on the subject. I hope most of your queries are answered which had been discussed earlier also in the forum, search and go thro'
Regards,
kumar.s.
From India, Bangalore
Mr.Sandip
You have left so many gaps in information while seeking an answer to your query. The following are gaps in information.
1) If you want to suspend an employee pending an enquiry/investigation, you need to be vested with such power either by standing orders or service rules or settlements/awards or contarct of servcie. You have not clarified whether you have such enabling prvision under which you exercised the power of suspension.
2) When you suspend a workman/employee, you do not pay him slary but pay him sussitence allowance at the rates fixed by your Sstanding order/ servcie riules/settlments/contarct of servcie. You have not specified whether the employee is a workman or non-workman.
3) You have not specified whether you have suspended him as a punishment and if so whether it is so enumerated under your standing orders/servcie rules/settlements/ contaract of servcie.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
You have left so many gaps in information while seeking an answer to your query. The following are gaps in information.
1) If you want to suspend an employee pending an enquiry/investigation, you need to be vested with such power either by standing orders or service rules or settlements/awards or contarct of servcie. You have not clarified whether you have such enabling prvision under which you exercised the power of suspension.
2) When you suspend a workman/employee, you do not pay him slary but pay him sussitence allowance at the rates fixed by your Sstanding order/ servcie riules/settlments/contarct of servcie. You have not specified whether the employee is a workman or non-workman.
3) You have not specified whether you have suspended him as a punishment and if so whether it is so enumerated under your standing orders/servcie rules/settlements/ contaract of servcie.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
Dear Mr. Sandip.
When an employee is suspended just for a week it means he is going to rejoin the duties after one week and he is entitled for full salary. Actually any employee is suspended when he has committed something wrong or is presumed that he has done something wrong but either management is not sure or are not having any evidence or sufficient evidence which is irrefutable and can stand in a court of law. So to verify the facts without interference of that person and not giving him any chance to tamper with the evidence or documentary proofs the normal practice is to charge sheet the person and suspend him.
In case the inquiry is completed in a one week period and employee is not punished with any penal action, employer has to pay him full salary for that period too. If there is some punishment and employee accepts the fault or proved guilty he will get paid as per the terms of punishment.
Otherwise for 1st 3 months of suspension employees is entitled for 50% of basic and 50% of DA but he is entitled for all other benefits which he was getting before suspension.
There are thousand's of cases in Government (including defence Forces) / Public Sector & private sectors where employees were on suspension for years to gather and later they won the cases in different courts and the employers had to pay them full salary with increments and promotions that too without their working.
So suspension is a very dangerous and two sided sword and I feel mostly it hurts employers more then it hurt the employee. So dear be carefull and more over in your case when an employee is just suspended for a week he will get whole salary.
From India, Delhi
When an employee is suspended just for a week it means he is going to rejoin the duties after one week and he is entitled for full salary. Actually any employee is suspended when he has committed something wrong or is presumed that he has done something wrong but either management is not sure or are not having any evidence or sufficient evidence which is irrefutable and can stand in a court of law. So to verify the facts without interference of that person and not giving him any chance to tamper with the evidence or documentary proofs the normal practice is to charge sheet the person and suspend him.
In case the inquiry is completed in a one week period and employee is not punished with any penal action, employer has to pay him full salary for that period too. If there is some punishment and employee accepts the fault or proved guilty he will get paid as per the terms of punishment.
Otherwise for 1st 3 months of suspension employees is entitled for 50% of basic and 50% of DA but he is entitled for all other benefits which he was getting before suspension.
There are thousand's of cases in Government (including defence Forces) / Public Sector & private sectors where employees were on suspension for years to gather and later they won the cases in different courts and the employers had to pay them full salary with increments and promotions that too without their working.
So suspension is a very dangerous and two sided sword and I feel mostly it hurts employers more then it hurt the employee. So dear be carefull and more over in your case when an employee is just suspended for a week he will get whole salary.
From India, Delhi
sir,
According to my views suspension is of 2 types one when there is inquiry to be conducted and one is inquiry is conducted . In first case he should be given salary and in second case when he /she is punished his/her salary can be stopped .
From India, Delhi
According to my views suspension is of 2 types one when there is inquiry to be conducted and one is inquiry is conducted . In first case he should be given salary and in second case when he /she is punished his/her salary can be stopped .
From India, Delhi
sir
According to laws in J&K when any person is punished for a period of 7days he can be given salary after the verification of reason of his suspension. just if he is suspended due to unauthorise absent and then he/she is given a chance to prove his reason of absence .If he is geniun then his salary is realesed or otherwise his salary willnot be drawn. Suspension can be of many types so it depends what is reason and salary can only be realesed only after proving his geniuness otherwise salary canbe stopped and red entery canbe given in his servicebook.
thanks and regards
sunil shan
From India, Delhi
According to laws in J&K when any person is punished for a period of 7days he can be given salary after the verification of reason of his suspension. just if he is suspended due to unauthorise absent and then he/she is given a chance to prove his reason of absence .If he is geniun then his salary is realesed or otherwise his salary willnot be drawn. Suspension can be of many types so it depends what is reason and salary can only be realesed only after proving his geniuness otherwise salary canbe stopped and red entery canbe given in his servicebook.
thanks and regards
sunil shan
From India, Delhi
Dear All,
This was really a good topic for the postings by so many experienced contributor. Suspension is ipso facto not a punishment. Suspension's main objective is for the fair inquiry proceeding so that witnesses may not be tempered with while deposing their statements. So supension is not meant for the punishment.
For what ever complains, charges, or omissions or commissions, if an employee is suspended then he is entitled subsistence allowances as per rule 10A of the Industrial Employment (standing orders) Act, 1946. An Employee is entitled for the 50% of the wages upto first 90 days period pending enquiry proceedings and 75% of the wages as subsistance allowances if the delay in enquiry proceedings beyond 90 days is not attributable to him. In private employment, subsistance allowances can not be increased more than 75% but in Government employment under FR/SR rules he is entitled for the 90% of the basic pay + Allowances + HRA, if departmental enquiry proceedings is delayed beyond six months due to reasons not attributable to the employee.
Now, after being suspension is revoked and employee joins duty after the completion of the enquiry proceedings, then three situation arises:-
1. The grave misconduct charges are proved under the enquiry and the employee is either dismissed or removed or compulsorily retired or major penalty is levied on the employee under the rules.
2. The misconduct is proved but the penalty levied upon the employee is minor under the rules of the company or Government and the employee is retained under the employment.
3. The misconduct is not proved and the employee is exonerated of the charges levied upon him.
In the (2) and (3) above, subsistance allowances will be paid and in (1) above subsistance allowances shall not be paid. This is the statute position till now.
Thanks to all.
Raj Singh Phogat
Advocate
From India, Delhi
This was really a good topic for the postings by so many experienced contributor. Suspension is ipso facto not a punishment. Suspension's main objective is for the fair inquiry proceeding so that witnesses may not be tempered with while deposing their statements. So supension is not meant for the punishment.
For what ever complains, charges, or omissions or commissions, if an employee is suspended then he is entitled subsistence allowances as per rule 10A of the Industrial Employment (standing orders) Act, 1946. An Employee is entitled for the 50% of the wages upto first 90 days period pending enquiry proceedings and 75% of the wages as subsistance allowances if the delay in enquiry proceedings beyond 90 days is not attributable to him. In private employment, subsistance allowances can not be increased more than 75% but in Government employment under FR/SR rules he is entitled for the 90% of the basic pay + Allowances + HRA, if departmental enquiry proceedings is delayed beyond six months due to reasons not attributable to the employee.
Now, after being suspension is revoked and employee joins duty after the completion of the enquiry proceedings, then three situation arises:-
1. The grave misconduct charges are proved under the enquiry and the employee is either dismissed or removed or compulsorily retired or major penalty is levied on the employee under the rules.
2. The misconduct is proved but the penalty levied upon the employee is minor under the rules of the company or Government and the employee is retained under the employment.
3. The misconduct is not proved and the employee is exonerated of the charges levied upon him.
In the (2) and (3) above, subsistance allowances will be paid and in (1) above subsistance allowances shall not be paid. This is the statute position till now.
Thanks to all.
Raj Singh Phogat
Advocate
From India, Delhi
Dear All,
This was really a good topic for the postings by so many experienced contributor. Suspension is ipso facto not a punishment. Suspension's main objective is for the fair inquiry proceeding so that witnesses may not be tempered with while deposing their statements. So supension is not meant for the punishment.
For what ever complains, charges, or omissions or commissions, if an employee is suspended then he is entitled subsistence allowances as per rule 10A of the Industrial Employment (standing orders) Act, 1946. An Employee is entitled for the 50% of the wages upto first 90 days period pending enquiry proceedings and 75% of the wages as subsistance allowances if the delay in enquiry proceedings beyond 90 days is not attributable to him. In private employment, subsistance allowances can not be increased more than 75% but in Government employment under FR/SR rules he is entitled for the 90% of the basic pay + Allowances + HRA, if departmental enquiry proceedings is delayed beyond six months due to reasons not attributable to the employee.
Now, after being suspension is revoked and employee joins duty after the completion of the enquiry proceedings, then three situation arises:-
1. The grave misconduct charges are proved under the enquiry and the employee is either dismissed or removed or compulsorily retired or major penalty is levied on the employee under the rules.
2. The misconduct is proved but the penalty levied upon the employee is minor under the rules of the company or Government and the employee is retained under the employment.
3. The misconduct is not proved and the employee is exonerated of the charges levied upon him.
In the (2) and (3) above, subsistance allowances will be paid and in (1) above subsistance allowances shall not be paid. This is the statute position till now.
Thanks to all.
Raj Singh Phogat
Advocate
From India, Delhi
This was really a good topic for the postings by so many experienced contributor. Suspension is ipso facto not a punishment. Suspension's main objective is for the fair inquiry proceeding so that witnesses may not be tempered with while deposing their statements. So supension is not meant for the punishment.
For what ever complains, charges, or omissions or commissions, if an employee is suspended then he is entitled subsistence allowances as per rule 10A of the Industrial Employment (standing orders) Act, 1946. An Employee is entitled for the 50% of the wages upto first 90 days period pending enquiry proceedings and 75% of the wages as subsistance allowances if the delay in enquiry proceedings beyond 90 days is not attributable to him. In private employment, subsistance allowances can not be increased more than 75% but in Government employment under FR/SR rules he is entitled for the 90% of the basic pay + Allowances + HRA, if departmental enquiry proceedings is delayed beyond six months due to reasons not attributable to the employee.
Now, after being suspension is revoked and employee joins duty after the completion of the enquiry proceedings, then three situation arises:-
1. The grave misconduct charges are proved under the enquiry and the employee is either dismissed or removed or compulsorily retired or major penalty is levied on the employee under the rules.
2. The misconduct is proved but the penalty levied upon the employee is minor under the rules of the company or Government and the employee is retained under the employment.
3. The misconduct is not proved and the employee is exonerated of the charges levied upon him.
In the (2) and (3) above, subsistance allowances will be paid and in (1) above subsistance allowances shall not be paid. This is the statute position till now.
Thanks to all.
Raj Singh Phogat
Advocate
From India, Delhi
Mr Sasikumar is correct.For more clarification Mr sandeep pl call me. Varghese Mathew 9961266966
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear sir, If an employee is suspended as a punishment is she/he payable or not as per the labor law or legally, if payable then How much should we pay. Please assist
From India, Pune
From India, Pune
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