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[Cites 0, Cited by 5] [Section 47] [Entire Act]

State of Andhra Pradesh - Subsection

Section 47(6) in Andhra Pradesh Shops and Establishments Act, 1988

(6)Where an employee is placed under suspension pending enquiry into grave misconduct, the employer shall pay a subsistence allowance equivalent to fifty per cent of the last drawn wage for the first six months and at seventy five per cent of the last drawn wage beyond six months during the period of suspension. The total period of suspension shall not however exceed one year in any case. If the misconduct is not established or the total period of suspension exceeds one year, the employee shall be entitled to full wages during suspension period and the period of suspension shall be treated as on duty.Explanation. - (1) For the purposes of this section -
(a)the term 'employee' shall include part-time employee also;
(b)the expression 'average wages' means the daily average of wages for the days an employee actually worked during the thirty days immediately preceding the date of termination or cessation of service;
(c)the expression 'wages' does not include overtime wages;
(d)an employee in an establishment shall be deemed to have been in continuous employment for a period of not less than six months if he has worked for not less than one hundred and twenty days in that establishment within a period of six months immediately preceding the date of termination or cessation of the service of that employee;
(e)Where the total continuous employment is for a fraction of a year or extends over a fraction of a year in addition to one or more completed years of continuous employment, such fraction, if it is not less than a half year shall be counted as a year of continuous employment in calculating the total number of years for which the service compensation is to be given;
(f)the service compensation of an employee whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of property belonging to the employer, shall be forfeited to the extent of the damage or loss caused;
(g)'disablement' means such disablement which incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.