During Suspension Period Employer's Liability For Statutory

korgaonkar k a
Respected Umakanthan ji,
Thank you very much for your spontaneous response. This forum always get informative and valuable inputs from you.
Central rules, Maharashtra rules and many other states has a privision of suspension by not more than 4 days. This is just for information. Thanks again.
Rashmita Ghosh
Hii
I am from HR Dept. Can any one tell me one employee have to present or not after the next day of suspension.
umakanthan53
Dear Rashmita,
Since you are from the HRD, I refrain from elaborating the contract of employment between the employer and his employees. During the period of suspension whether it is suspension pending enquiry or punitive, the contract of employment continues just in a state of suspended animation. In other words, suspension is a temporary debarment of the employee from attending his duties as fixed earlier in the contract of employment. However, he should not accept employment from any other employer nor he should engage himself in any gainful employment during the entire period of his suspension. If so mentioned by the employer, he /she should not leave the head quarter without the prior permission of the employer.
Therefore, during the period of suspension, the employee need not present himself /herself at the place of his /her work.
Rashmita Ghosh
Thanks Sir for your prompt response Sir may I know the employee had taken leave next day when suspension over. whether this leave can taken or not.
umakanthan53
Dear Rashmita,
I am afraid that your query is incomplete. Strictly, on revocation of suspension, the concerned employee should present himself for duty without fail. After rejoining, he can immediately proceed on leave subject to the approval of the employer depending on the type of leave as well as the number of days. On the contrary, if does not rejoin after receipt of the orders of revocation and simply applies for leave, in my opinion, his suspension still continues.
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