Table of Contents
- 1 Can gratuity be withheld after retirement?
- 2 In which case was it decided that subsistence allowance paid during suspension Cannot be recovered?
- 3 When can I withdraw gratuity?
- 4 How much is suspension allowance?
- 5 What is a pension attachment order?
- 6 Can PF be deducted from the salary of a suspended employee?
- 7 Can suspension be given to an employee without pay?
Can gratuity be withheld after retirement?
The Supreme Court said gratuity money of an employee can be withheld and forfeited in case of recovery of dues such as overstaying in official accommodation.
In which case was it decided that subsistence allowance paid during suspension Cannot be recovered?
That was the reason why this Court in the case of State of Maharashtra v. Chandrabhan Tale struck down the service rules which provided for payment of a nominal amount of Re. 1 as subsistence allowance to an employee placed under suspension.”
When can I withdraw gratuity?
The Payment of Gratuity Act, 1972, states that an employee is eligible to get gratuity only after he or she has worked with an organization for at least five years. The employee stands to receive the gratuity amount on his or her superannuation, or at the time of retirement or resignation.
Can retirement benefits be attached?
The Supreme Court has held that retirement benefits like pension and gratuity cannot be attached by authorities for recovery of dues. NEW DELHI: The Supreme Court has held that retirement benefits like pension and gratuity cannot be attached by authorities for recovery of dues.
Do you get paid if suspended?
Most suspensions are on full pay, even when part of a disciplinary process. Whether payments such as overtime or commission are included depends on the precise wording of an employment contract. If you are suspended for medical or health and safety reasons then you should always receive full pay.
How much is suspension allowance?
1.1 He is entitled to subsistence allowance @ 50\% of Basic Pay which he was entitled to immediate preceding the date of such suspension for first six months. Thereafter, it may be enhanced to 75\%, if the delay is not directly attributable to the conduct of the suspended employee.
What is a pension attachment order?
A pension attachment or earmarking order redirects part or all of the member’s pension benefits to the ex-spouse or civil partner when it comes to be paid.
Can PF be deducted from the salary of a suspended employee?
From Subsistence allowance you need not deduct PF since it is not earned by him while working but once he is exonerated he will be paid full salary and the days he remained in suspension would become days on duty and the salary so paid for those days will attract PF.
What happens to my pension if I get suspended during enquiry?
1. During the suspension period and the pending enquiry period the employee should get his salary 2. The retirement will be effective as scheduled and the employer cannot stop the retirement benefits, like PF, gratuity and pension even if the enquiry established the employe guilty of the allegations levelled against him.
What are the benefits of suspension during enquiry period?
1. During the suspension period and the pending enquiry period the employee should get his salary 2. The retirement will be effective as scheduled and the employer cannot stop the retirement benefits, like PF, gratuity and pension even if the enquiry established the employe guilty of the allegations levelled against him. 3.
Can suspension be given to an employee without pay?
If suspension is a punishment awarded then it can be without pay. At the same time, if it is pending enquiry then he is eligible for Subsistence Allowance at the rate of 50\% of salary for the first 90 days of suspension.