Hi Everybody, I am working for a company for past 2 years as a Permanent Employee in Workmen Category.I am Software Engineer by Profession.
My employee status is Confirmed by Company .Suddenly, the Company removed me from Services by handing over a Termination Letter to me without any charges of Misconduct against me, no absence of Leave etc. Should, I not be reimbursed Subsistence allowances @ 50 % for first
3 months,@75% for next 3 months @ 100% for remaining months. My case Pending in Labour Court and for past 32 months I have not been paid
Salary.
Can anyone guide me that apart from back wages, award cost etc would I be entitled for Subsistence Allowance as well as per Indian Labour Laws or not.
From India, Gurgaon
1My employee status is Confirmed by Company .Suddenly, the Company removed me from Services by handing over a Termination Letter to me without any charges of Misconduct against me, no absence of Leave etc. Should, I not be reimbursed Subsistence allowances @ 50 % for first
3 months,@75% for next 3 months @ 100% for remaining months. My case Pending in Labour Court and for past 32 months I have not been paid
Salary.
Can anyone guide me that apart from back wages, award cost etc would I be entitled for Subsistence Allowance as well as per Indian Labour Laws or not.
From India, Gurgaon
Dear Member, 'Subsistence Allowance' is paid by the employer when you are suspended from your duty for any misconduct pending inquiry. The rate is 50% of your last drawn salary for the first 90 days and after that period 75% (not 100%). But your case is unlawful termination from service and you have already made a suit in Labour Court challenging the termination. So you have to wait for Order of Hon'ble Court. If the Hon'ble Court orders your re-instatement in service, then you will get full back wages with all benefits. Thanks.
Hiren Banerjee
From India, Raniganj
Hiren Banerjee
From India, Raniganj
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The karnataka payment of subsistence allowance Act, 1988.pdf
SC directive on subsistence allowance to suspended staff.doc