• Increment

Employee was suspended from 5/1/2017 to 5/9/2017 panalty imposed no any pay other than substantial allowence.now will he get increment on 1/7/2017.
Asked 5 years ago in Labour

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Employee is a govt. employee? In case yes, you need to have a look at the service rules applicable and see what do they say about grant of increments to an employee who has been penalised in a disciplinary action.  

 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Sir the employee is state govt. Or centre govt. Employee and under what service rules he is employeed?

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Kindly state the complete facts to understand and appreciate the situation better.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

 

Increment is an incidence of employment and an employee gets an increment by working the full year and drawing full salary. During the period of suspension, the contract of service remains suspended.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Hello, 

 

In the light of  settled law position and general principles of service law Jurisprudence, it is clear that if any employee completes six months in the revised pay structure then only he would be eligible to be granted annual increment. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You may refer the the following judgment: 

https://indiankanoon.org/doc/151157197/

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

During the suspension period you may not be allowed any increment but in case any judgement comes in your favour and your reinstated then of course you will get all the outstanding dues along with the increment from the respective due date

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

A suspended govt. employee will always be entitled for 50% of his actual salary throwout his suspension period. Once he is proven innocent, he will get all the balance payment (50% salary during suspension) along with all other increments.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

employee would not get increment on 1/7/2017 as he has been suspended for period January to September 2017 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) The increment procedure totally depends upon the SOP made by HR to provide increment for suspended employee of not. Please check internal SOP which you have signed at the time of joining the organisations.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

If his suspension doesn't have any condition against his increment the ideally he should get the same as per the labour policy

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Yes.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

During suspense and pending inquiry, he will get only subsistence allowance.

He will not be entitled to any monetary benefits during the period of suspension.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

whether the increment of 1/7/2017 to be made or not? his last increment made on 1/7/2016.

During the period of suspension he will not be paid with the monthly regular salary.
He will be paid with the subsistence allowance alone hence he will not be eligible for increment till the case is closed.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer