Calculation of annual leave during suspension - domestic enquiry

malikjs Started The Discussion:

one of our employee was suspended in the month of jan 2008 .he was issued chargesheet and
later on domestic enquiry was conducted and final we have terminated his sevices
on 29 nov query is how we will claculate his earn leave to pay him leave encashment.
whether he will be eligible for leave during suspension period.we are a factory all leaves are granted as per factories act.
j s malik

rajshekarbrao -  Member Since: Dec 2008
as per factories act you have to pay the pl encashment till 29 nov 2008. (on actual working days/20)
bonus you have to pay
year of service you have not mentioned, if he completed 5 years you have to pay gratuity also, if it is a theft case you need not pay.
rgds/rajashekar b rao

malikjs -  Member Since: Oct 2008
dear raj
i have3 not got reply of my question .i asked the leave status during suspension .he has actually not worked during suspenison why we should clalculate his leave during suspenision period .pls understand my query .
j s malik

jitendersyadav -  Member Since: Sep 2008
Dear Malik,

The Terminated employee is entitle for EL/PL only on worked days.
As you telling that he served upto Jan. In that case he is entitle only for Jan. EL/PL.

Bonus for that month & others remunaration which was due till Jan.


K C S Kutty -  Member Since: Nov 2008
Malik ji,

We have to see the provisions in your leave rules. Whether an employee under suspension is entitled for earned leave ? Or any other kind of leave ? It may be as per your Standing Orders applicable to the employee or agreement signed by the Management and Union, if any. Factories Act say only about the days of work for earned leave.

Normally, suspension period is not treated as period on duty in case of dismissal or discharge. But in case the charges could not be proved in the domestic enquiry, the employee is reinstated and back wages are paid (minus subsistence allowance already paid)and employee is treated on duty and he is entitled for all benefits. In your case, even though he must have received susbsistence allowance equal to salary/wages after 180 days, he has not actually worked. That means he has not earned any leave.

KCS Kutty

pkc3000 -  Member Since: Sep 2010
Dear Sir I think during suspension the employee is not actually performing his job hence his leave can not be computed/calculated.


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