Suspension Period treated as leave without pay by Rly Administration ECR DHN
5 months ago
When I was working under TFO/CRP, I was Suspended from 25/03/1996 to July.1997 without any Charges and Remove from sevice from 01/08/1997 to 19/08/1997.without any Enquiry. So, I want to know that Suspension Period can treat as Leave Without Pay?
A.Dear client
During a suspension, an employee may not be performing their regular duties, but they are usually entitled to receive a subsistence allowance. The suspension period is often meant for the employer to conduct an inquiry or investigation into any alleged misconduct or charges against the employee. If no charges are proven, the employee is generally reinstated with full back wages for the suspension period. However, if the suspension leads to termination, it's crucial to understand the circumstances surrounding the termination. In cases where an employee is removed from service without proper inquiry, it may be considered unfair termination. Employees have the right to due process, which includes being informed of the charges against them and having an opportunity to present their defense.
During a suspension, an employee may not be performing their regular duties, but they are usually entitled to receive a subsistence allowance. The suspension period is often meant for the employer to conduct an inquiry or investigation into any alleged misconduct or charges against the employee. If no charges are proven, the employee is generally reinstated with full back wages for the suspension period. However, if the suspension leads to termination, it's crucial to understand the circumstances surrounding the termination. In cases where an employee is removed from service without proper inquiry, it may be considered unfair termination. Employees have the right to due process, which includes being informed of the charges against them and having an opportunity to present their defense.
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A.Der Client,
As per Sec.10A(1) of the Industrial Employment Standing Orders Ace, 1946, Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance (a) @ 50% of their salary as a subsistence allowance if the suspension is for 90 days. (b) If this suspension extends for more than 90 days where the delay is not caused due to the employee's action, subsistence allowance will be 75% of the wage. The maximum suspension period should not exceed 180 days. The application under Sec.33C(2) of the Act must be submitted to the applicable litigation forum (that is, the Labour Court or the Industrial Tribunal), within three years from the date of cause of action. So, your claim is now barred by limitation.
As per Sec.10A(1) of the Industrial Employment Standing Orders Ace, 1946, Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance (a) @ 50% of their salary as a subsistence allowance if the suspension is for 90 days. (b) If this suspension extends for more than 90 days where the delay is not caused due to the employee's action, subsistence allowance will be 75% of the wage. The maximum suspension period should not exceed 180 days. The application under Sec.33C(2) of the Act must be submitted to the applicable litigation forum (that is, the Labour Court or the Industrial Tribunal), within three years from the date of cause of action. So, your claim is now barred by limitation.
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