preety.ps
2

Dear Friends
:?:Can employer show the employee who comes late as Leave Without Pay, even if there is balance of leave to the person.
  • Pls go through the part of circular given to the employees specially point 2. And give your views.
  • Is it ethical to write this type of language?
Circular
1. All staff to be in OFFICE by 08:45 am(from 18/2/2009 to 25/2/2009)
2. Individuals coming late to be shown as leave without pay, even if there is balance of leave to the person
(Friends pls note that the regular office time is 9.00am , so if the employee is reaching to office at 8.50 am but he comes earlier to regular time that is 9.00am. Is it ehtical to show him on Leave without Pay even if he has surplus EL and CL in balance.
Regards
Preeti

From India, Udaipur
malikjs
167

dear preety
this is illegal what your management is asking .fist of all they can not show u lwp if are coming before 9am.secondly ,as per the payment of wages act this will be illegal deduction. even if u are coming 10 minutes late than 10 minutes salary only can be deducted.
tjs
j s malik

From India, Delhi
ajaypadnekar
5

Hi Preeti,
This is happens with many companies in our country. First of all circular itself is a proof for employees to approach for legal action. Most of the companies giving 10 to 15 minuts grace time for logging in which can be adjusted by logging out 10 - 15 minuts late. If an employee coming 3 plus more days late by more than 15 minuts one day salary can be deducted. That also if the employee not maintaining total weekly, monthly working hours regularly. In India official weekly working hours are 48 hours per week.

From India, Bangalore
preety.ps
2

Thanks Ajay, Actually The employer is not as strict here, usually it does not happen , employees gets the grace time. This rule mentioned in circular is for specific time period. But the issue is that employer should never use this langauge which is decreasing the respect of the company.
Obviously what the top managment says and writes , it has a long lasting effect on employee's perception.

From India, Udaipur
jayanad
Hello Sir, This is jayana and i m working as HR in IT company, is it applicable if the employee is habitually coming late every day... Pls advice Regards Jayana
From India, Ahmadabad
chprasad
The only sad part in all over India is , if we are coming late in a month 3 times , the Company will deduct one day salary, But if we are leaving late for more than 3 times in a month, on Company's work, we will not get any reward,but everybody will say , " You are not Skilled Person ". We can not do anything, except to work
Regards
Prasad

From India, Hyderabad
vinay62
1

Dear Preety,
It is not clear that your company is located in Metro city or else. Also mode of transport(e.g. own transport, public transport, company provided transport used by employee is clear.
From your circular, it seems that your management is more interested in deucting the wages rather improving punctuality of employees. There are number of ways to improve the punctuality of employees. One suggestionmay be:
i) Allow employees upto 0905 hrs on allworking days.
ii) allow employess upto 0915 hrs on all working days but to continue working in the evening after 1730 hrs by the minutes, he has come late beyond 0900 hrs.
iii) those who coming late beyond 0905 hrs may be asked to apply for half day CL.
Results of the above may be visible in few months.
Vinay

From India, Delhi
unusual_indu
3

Hi Preety I would like to know is this rule applicable for only the dates mentioned ? If yes then what is the reason behind it ? Secondly did management have any kind of discussion with employees bfore sending across this circular ?
From India, Pune
Rana_guy2003@yahoo.com
HI

There may be one more option to tackle the timing problem. You can have a weekly or monthly prize by the name of Best employee of the week or month. Just put punctuality one of the main criteria for winning the prize. This will create no negative feeling among employees & will motivate them to be on time. Just put a running trophy.

Thanks

Rana


gopan
32

Preethi,
Do you have a conduct rule prescribed? Or does your employees covered under Employment Standing Orders Act? If so, please check whether Cl. No. 2 comes there.
As per conduct rules/ ESOAct, late coming is a misconduct. If late coming is habitual in nature, definitely employer is bound to initiate desciplinary action. So late coming, legally can not be equated and adjusted against any type of leave. So even if emoployee has leave to his credit, late coming can not be adjusted against leave.
But there are a number of organisations diluting this principle and giving half day leave etc. for late coming of 2 hours etc., which would be based on some agreement with trade unions. Other wise, latecoming actual timing will have to be deducted for payment of wages, even if the employee has leave to his credit. It is not unethical.
Gopan

From India, Kochi
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