When can an employee be suspended pending Enquiry? Should it be paid or unpaid?

Suspension is not a punishment; rather, it is a decision of an administrative nature. Its sole intent is to prevent the offender from working in the office, and the employer alone has the authority to reverse the suspension order.

If the charge is significant or grave, the employee may also receive a suspension order in addition to the charge sheet. According to the Industrial Employment (Standing Order) Act of 1946, if the delay in the conclusion of disciplinary proceedings is not the result of the worker's conduct, the suspended worker is to be paid a subsistence allowance equal to one-half of his wages for the first ninety days of suspension and three-fourths of wages for the remaining period of suspension.

What is grave will depend on the discretion of the management. It has to be decided in accordance with the Code Of Discipline.

During the suspension, the relationship between master and servant continues between the employer and the employee. However, the employee is forbidden to perform his official duties. Thus, a suspension order does not put an end to the service. Suspension means the action of debarring for the time being from a function or privilege or temporary deprivation of working in the office. In certain cases, the suspension may cause stigma even after exoneration in the departmental proceedings or acquittal by the Criminal Court, but it cannot be treated as a punishment even by any stretch of the imagination in the strict legal sense.

Mensuration Leave Policy and Indian Legal System

 

Introduction: A program known as menstruation leave enables women to take time off work throughout their menstrual cycle. It is significant because a woman's capacity to work might be impacted by menstruation, which can be a painful and uncomfortable experience. Menstrual leave supports gender equality in the workplace and acknowledges the value of women's reproductive health. It also aids in lowering the stigma associated with menstruation and motivates businesses to offer women better working circumstances.

The importance of the same was highlighted when 

1. National Human Rights Commission vs. State of Arunachal Pradesh (2017)

In this instance, the state government should grant women who work for the government menstrual leave, according to the National Human Rights Commission's (NHRC) recommendation. The suggestion of the NHRC can be used to back up the claim that menstruation leave is a fundamental human right and ought to be made available by the government.

2. Anushree V. R. vs. Government of NCT of Delhi (2015): 

The Delhi High Court held that employers cannot discriminate against women who take time off for menstrual cramps and suffering since they have a legitimate reason to do so. The decision can be cited as evidence in favor of making menstruation leave a recognized type of leave in India. 

3. Kerala Women’s Commission vs. Cochin Devaswom Board (2018): In this case, Kerala 

The Cochin Devaswom Board was advised by the Women's Commission to grant menstrual leave to female employees who work in temples. The recommendation can be used to support the implementation of menstruation leave in places of worship and other workplaces where there may be a risk to women's health and safety.

                                                                                                                                                                                                                                                              

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Maternity Leave Policy in India

 

Although a woman and her unborn child bond during the sacred period of pregnancy, this goes much beyond that. Every new mother wants to treasure the experience of going from being pregnant to becoming a mother.

But what about soon-to-be mothers who are looking forward to starting their motherhood journey and are employed? Our Indian culture is deeply established with regard to the assistance that Indian moms receive both before and after they have a child. Thus, it becomes reasonable to place the same emphasis on parenting at work. Only the Maternity Benefit Act, approved by the Indian government, makes it possible for expecting women to prioritize their families and take time off from work in the form of maternity leave.

Working women can make use of maternity leave, which is time off from work that is sanctioned before and/or after childbirth. The laws governing maternity leave in India are outlined in the Maternity Benefit Act of 1961. Women who meet the requirements for maternity leave and who work for accredited organizations or factories may apply for up to six months of leave under this Maternity Act. Maternity leaves can be taken by female employees before or after childbirth. Their maternity leave may extend into the time before and following delivery. The woman's employer is required to pay her the total amount of her wages during this absence.

Employers may offer additional maternity leave to their female employees in addition to India's statutory maternity leave laws. To secure and defend the interests of their female employees, the Maternity Benefit Act has undergone numerous updates. This Act, which was most recently revised in 2017, covers remote or hybrid employment types in addition to giving new moms more paid time off.

The Maternity Benefit Act in India assists mothers both before and after childbirth. It ensures and defends their livelihood and interests, enables them to care for their infants while taking care of themselves, and The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery. If she fulfills this requirement, then she can utilize this mandated maternity leave and any further leave or benefits that her employer provides her. 

All women who are pregnant, adopting a child, or experiencing a miscarriage are eligible for maternity leave in India, as they fulfill the criteria that determine the categories of motherhood in India. Commissioning, or surrogate mothers, are also entitled to up to 26 weeks of maternity leave which starts from the day the newborn is handed over to the adoptive parents. 

• Pregnant women 

• Women adopting a child 

• Women who experience a miscarriage