Salary can be stopped if the employee is unauthorized absence from duty or overstayal of leave or absence after expiry of leave. regards basant
From India
Dear Smitha,
I completely agree with Yasmin, No Employer has the rights to stop the payment of the employee for the day attended until & unless employee leaves the job without notice period at the same time, its the duty of the employees reporting manager to monitor the performance, If the reporting manager has not monitored for 2mths then it is the lack of non performance of reporting manager too.
You cant stop the payment of an employee for non performance
Regards,
Pooja

From India, Mumbai
  • Person appointed is 'Head'. I am assuming it is a managerial position with responsibility and authority.
  • He / She needs to be properly told about exact nature of job, exact deliverables in writing. In case this is not done you have no right to blame a person. He /She will also have a excuse that I was not at all aware of my deliverables, they were not quantified.
  • You also have to be reasonable about time given to a newcomer to reach quantifiable targets. Are you sure, two months time is enough to achieve targets ?
  • Compensation / Salary for such jobs can be structured in a such a way that, person gets certain amount of salary / incentive only if targets are achieved.
  • In case a person is not contributing and in case is not on target in-spite of clear understanding, he / she needs to be counseled and cautioned in clear terms by his / her bosses. You may even hold his salary since he / she is occupying a managerial post. But such action at the end of the month is not proper. In the beginning of the month itself bosses needs to clearly communicate to him / her that this is your target for this month and in case you fall short, this is a action we propose, including holding or deducting salary.
  • After giving reasonable time, reasonable caution, reasonable counseling, reasonable support and reasonable stick, management can even think of sacking such manager, again by giving clear notice and clear justification.
  • All I have explained above is for 'Manager' in case of staff or worker you have to give more time and you can not be that ruthless. You will have to follow legal procedure as well.

From India, Pune
Thanks 1615 and vkokamthankar, as I am studying MBA and contributing my views for the solution of a problem stated here at citehr, you peoples support and positive response makes me feel that i am going right way to become a succesfull manager.
As per my view - A sucessfull manager should always see both sides of coins - he/she should thrive to achiove organisation goals and motivate its staff to contribute for the same and should be supported to enhance thier performances and always maintain the system of rewards and recognisations.
A new joined employees has to be trained and supported most, and that employees morever look for the help from their immediate bosses.
In my organisation, my reporting boss is very supportive, earlier I was working as admin executive but here i am working as operations executive cum secretary to sr. vp but I have learned a lot in last five months and my competency in this new job have increased only due to my boss support and training.

From India, Mumbai
Salary can be withheld for reasons connected with relieving, assets not handed over, terms of employment violated or fraud. In case of non performance, the same should have been taken up during employment. However if u had issued warning and he has not delivered it would be a different matter. But there must be specific delivery issues that caused a loss, or if he didn't work during the specified period.
From India, Mumbai
No , we can not stop salary of any employee on the bases of his poor performance. You should warn him when he was connected with your organisation. You can stop one month salary if he does not give you one month notice before leaving job. If you will stop his salary he can knock the door of court and trade union.
Sandeep Kumar
BSc, MBA ,LLB ,DPM
Mob- 09728198455

From India, Delhi
The employer is enjoined to pay wages for work done and or for fulfilling the contract of employment.Duties generally, including ancillary duties, additional duties, normal duties, emergency duties, which have to be done by the employees and payment of wages therefor. Where the contract of employment is not fulfilled or work is not done as prescribed, the principle of ‘no work no pay’ is brought into play.
From India, Mumbai
i think yaasmin is right. he is not doing well for company now but he serviced last two month for company. so please pay money to him because think about his family. what happening without money on his family.
From India, Delhi
Hi,
It clearly appears that employee was performing well before 2 months. i.e. he has abilities and will to do the job but probably he has encountered some problem, whether it may be personal or professional.
Now it's totally upto you whether you want to eradicate the "Problem" or "Employee", which will in turn reflect your management approach to handle the issues. Rules and Laws are and will always be there for those who do not understand Humane approach.....
Thanx...Regards
Chandrakant

From India, Mumbai
Hi,
Stop salary now is i think of no use...better to analyse performance of employee on weekly and monthly basis even though he is not ready to improve then give him a warning letter and finally to serve papers.
There is no specific rules or conditions to stop employee salary.
rgds

From India, Delhi

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