Dear All, Is it possible to on duty suspend an employee without pay salary? Please replay urgent, I need your help?
From India, Pune
From India, Pune
Dear Trivedi,
Your oneline information is not at all sufficient to give you any meaningful opinion. What we understand from your brief information provided is that "one of your colleague was suspended without paying him/her salary".
Offering some opinion is only half measure which won't serve your purpose. However generally a serving employee who is prima facie charged with some indiscipline can be suspended pending an inquiry and he/she should be paid 'subsistence allowance' as per the applicable standing orders (if in vogue) as per relevant Act/Rules. He she/he is not eligible for salary so long as 'there is no work' (no pay) by him/her because of the said suspension.
From India, Bangalore
1077Your oneline information is not at all sufficient to give you any meaningful opinion. What we understand from your brief information provided is that "one of your colleague was suspended without paying him/her salary".
Offering some opinion is only half measure which won't serve your purpose. However generally a serving employee who is prima facie charged with some indiscipline can be suspended pending an inquiry and he/she should be paid 'subsistence allowance' as per the applicable standing orders (if in vogue) as per relevant Act/Rules. He she/he is not eligible for salary so long as 'there is no work' (no pay) by him/her because of the said suspension.
From India, Bangalore
Dear Mr Trivedi,
As far as I have understood, you are saying that an employee has been placed under suspension, but is being asked to report for duty without being paid as he has been placed under suspension.
If the above contention is correct, pl note that this is totally illegal and against the idea behind putting an employee under suspension. An employee is placed under suspension for some gross misconduct and and suspension means temporary separation from employment till a satisfactory reply is received or inquiry is made. In some cases, the employee concerned is allowed for duty pending inquiry also, depending upon the gravity of charges. BUT your office cannot ask/force any employee to work without any remuneration, this is totally against law and natural justice.
If you or your boss wants to let the employee continue in employment which the charges are yet to be inquired and charges established, you may just issue him a Show-cause/Chargesheet asking him to give an explanation to defend him within 3 days of receipt of this Show-cause/Chargesheet. This will allow him to continue in employment as well as face inquiry against the charges leveled against him/her.
AK Jain
From India, Jabalpur
As far as I have understood, you are saying that an employee has been placed under suspension, but is being asked to report for duty without being paid as he has been placed under suspension.
If the above contention is correct, pl note that this is totally illegal and against the idea behind putting an employee under suspension. An employee is placed under suspension for some gross misconduct and and suspension means temporary separation from employment till a satisfactory reply is received or inquiry is made. In some cases, the employee concerned is allowed for duty pending inquiry also, depending upon the gravity of charges. BUT your office cannot ask/force any employee to work without any remuneration, this is totally against law and natural justice.
If you or your boss wants to let the employee continue in employment which the charges are yet to be inquired and charges established, you may just issue him a Show-cause/Chargesheet asking him to give an explanation to defend him within 3 days of receipt of this Show-cause/Chargesheet. This will allow him to continue in employment as well as face inquiry against the charges leveled against him/her.
AK Jain
From India, Jabalpur
Dear friends,
Ofcourse the brief given by Mr.Trivedi is not clear. However an employee could be either suspended pending inquiry or retained on duty during the course of pendency of an inquiry in which case he could be paid salary for 'on duty'. It would depend on the verasity of the charges adduced. Supposing he is barred from taking up duty or refused duty this cannot be treated as suspended and such action is illegal in the eye of law. But when one is suspended by all means the employee is entitled for subsistence allw. as per law. When an estt. defaults in payment of subs.allw. to a suspended employee the entire case might go against the estt. for this very reason irrespective of the nature of alleged offence.
From India, Bangalore
Ofcourse the brief given by Mr.Trivedi is not clear. However an employee could be either suspended pending inquiry or retained on duty during the course of pendency of an inquiry in which case he could be paid salary for 'on duty'. It would depend on the verasity of the charges adduced. Supposing he is barred from taking up duty or refused duty this cannot be treated as suspended and such action is illegal in the eye of law. But when one is suspended by all means the employee is entitled for subsistence allw. as per law. When an estt. defaults in payment of subs.allw. to a suspended employee the entire case might go against the estt. for this very reason irrespective of the nature of alleged offence.
From India, Bangalore
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