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Old 09-06-2008, 11:11 AM
Jahanvi Ballani's Avatar
Join Date: Feb 2008
Location: Pune
Posts: 40
Default Kindly Address the Query

Dear Friends,

Please give your views on this issue.
Our company (Privately owned by Single Person) has made following Attendance Policy.

§ Company business starts from 09.00 AM to 6.00 PM
§ An employee coming to office after 09.10 AM are marked as LATE and:-
§ Late of 3 days upto 09.30 AM are allowed in a month and in case employee comes late more than 3 times then for each late comings half day’s leaves/salary to the credit of the employee shall be deducted.

I would like to know:


· Has company got right to deduct ½ days salary if an employee is late by just 10 minutes?
· If yes, can I know which Act is applicable?
· If no, what steps can be taken to change this policy?


Kindly Suggest,

Regards,
Jahanvi Ballani


Last edited by Jahanvi Ballani; 12-06-2008 at 10:46 AM.
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  #2 (permalink)  
Old 09-06-2008, 11:38 AM
jeeni's Avatar
Join Date: Jan 2008
Location: delhi
Posts: 105
Default Attendance Policy

Dear Jahanavi,

The recent corporate culture is of more employee friendly.You can come Late to the office if their is any genuine reasons but it should not be in practice.

This practice comes under the the new concept of Flexi Time.

Now the questin arises for the deduction in salary, The regular late coming by an employee comes under the defination of misconduct.

The employer has full right for the deduction in salary.(These provision will be given in Industrial Employement Act).

Generally, the Management Play safe due to labour courts and other authorities. The procedure should be first the employee should be warned for the above act through warning lettersand than it is last step in the deduction of salary.

So you can talk to the Management to take soft steps.

Hope this information will help U.

Regards
Ranjeet
(Jeeni
  #3 (permalink)  
Old 09-06-2008, 03:48 PM
Madhu.T.K's Avatar
Board Moderator
Join Date: Sep 2007
Location: Kannur
Posts: 827
Default

Late coming and marking the day as absent at least for 1/2 a day are matters to be provided in the Standing Orders of the respective company. In your case also, if you have a certified standing orders (drafted and certified as per Industrial Employment Standing Order Act) and the matters are provided in the said rules, then it is binding. And if you donot have standing orders by reason that you do not employ 100 workers, then the company can have an internal code of conduct by which practices such as late coming etc can be regulated. The codes of conduct are expected to be followed very strictly and as Jeeni said, there is no harm in marking late and 1/2 day leave for cases of regular late coming.

Since all these are purely internal matters, no specific Act need to be referred. If your employer has fixed a timing and if you have accepted it, you are bound to follow it.

Regards,

Madhu.T.K
  #4 (permalink)  
Old 09-06-2008, 04:01 PM
arunprasad23's Avatar
Join Date: May 2007
Location: Hyderabad
Posts: 2
Default

Dear Jahanavi,

Late coming is clearly defined in the local Shops and Establishments ACT.
The current policy your company has defined is very correct.

As per your location i understand you should be working with a organisation in Pune.
Please refer to Bombay Shops and Establishment Act 1948 or Maharashtra Shops and Establishment Act(if exists separately).
Please understand that these will be applicable only if your company is registered under the relevant Act.
  #5 (permalink)  
Old 10-06-2008, 03:05 PM
jeeni's Avatar
Join Date: Jan 2008
Location: delhi
Posts: 105
Default

Dear All,

I am totally agree with Madhu.

Regards
Ranjeet

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