Hi Everybody,
I have been working for a company for the past 2 years as a Permanent Employee in the Workmen Category. I am a Software Engineer by profession. My employee status has been confirmed by the 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 at 50% for the first 3 months, 75% for the next 3 months, and 100% for the remaining months?
My case is pending in the Labour Court, and for the past 32 months, I have not been paid my salary. Can anyone guide me that apart from back wages, award costs, etc., would I be entitled to Subsistence Allowance as well as per Indian Labour Laws or not?
From India, Gurgaon
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1I have been working for a company for the past 2 years as a Permanent Employee in the Workmen Category. I am a Software Engineer by profession. My employee status has been confirmed by the 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 at 50% for the first 3 months, 75% for the next 3 months, and 100% for the remaining months?
My case is pending in the Labour Court, and for the past 32 months, I have not been paid my salary. Can anyone guide me that apart from back wages, award costs, etc., would I be entitled to Subsistence Allowance as well as per Indian Labour Laws or not?
From India, Gurgaon
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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%). However, your case involves unlawful termination from service, and you have already filed a suit in the Labour Court challenging the termination. Therefore, you have to wait for the Order of the Honorable Court. If the Honorable Court orders your reinstatement in service, then you will receive full back wages with all benefits.
Thank you.
Hiren Banerjee
From India, Raniganj
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'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%). However, your case involves unlawful termination from service, and you have already filed a suit in the Labour Court challenging the termination. Therefore, you have to wait for the Order of the Honorable Court. If the Honorable Court orders your reinstatement in service, then you will receive full back wages with all benefits.
Thank you.
Hiren Banerjee
From India, Raniganj
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SPL.ALLOWANCE FOR EPF-S Court judgement 1.3.2019.docx
The karnataka payment of subsistence allowance Act, 1988.pdf