Which one of the following statements relating to suspension and subsistence allowance under the…
Under Section 38(1) of the Industrial Relations Code, 2020, where a worker is suspended pending investigation or inquiry into complaints or charges of misconduct, the…
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Which one of the following statements relating to suspension and subsistence allowance under the Industrial Relations Code, 2020 is not correct?
Answer and explanation
Correct answer D
Under Section 38(1) of the Industrial Relations Code, 2020, where a worker is suspended pending investigation or inquiry into complaints or charges of misconduct, the investigation or inquiry (or both, where an investigation is followed by an inquiry) shall be completed ordinarily within ninety days, not one hundred and eighty days, from the date of suspension. The other statements are correct: Section 38(2) requires the certified standing orders to provide for payment of subsistence allowance during such suspension, and Section 38(3) fixes it at fifty per cent of the wages for the first ninety days and seventy-five per cent for the remaining period if the delay is not directly attributable to the conduct of the worker (formerly s.10A, Industrial Employment (Standing Orders) Act, 1946).
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UGC NET HRM / Labour Welfare and Industrial Relations