Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Psdhingra
Legal Analyst, Hrm
Arunmjadhav
Assistant Manager-hrd
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Adoni Suguresh
Sr.executive (per & Adm)
Rdsyadav
Educator, Management Consultant & Trainer
Dmc123
Legal Consultancy
Nathrao
Insolvency N Gst Professional
+1 Other

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear Friends:
Whether we can impose wage deduction for a day to an employee who slept during working hours on the principles of No work - No Pay, apart from awarding punishment to the misconducts committed by him.
Request expert views please
Regards

Dear Sridharan,
Can you please elaborate statement "employee who slept during working hours on the principles of No work - No Pay". Your entire post, especially this sentence is confusing.
Thanks,
Dinesh Divekar

Did the employee no do any work on the day he eas found sleeping during working hours? Also, for how much time he was found sleeping during working hours on that day?
Mr, Venkatraman,
The principle of no work no pay can be applied at the time of strike, Sleeping on duty is a serious misconduct, for that you should go step by step,
You can issue him Show cause notice
On his written acceptance you can either give him warning or can go for nominal suspension like 1 day suspension
before imposing fine on such act you should see that how much actual loss you have incurred because of his such act, (production loss) Frequent repetition of such act or a fine may be imposed to a maximum of 2 per cent. of the wages in a month,
But such fine should be imposed only when that employee is repeatedly doing company loss.
If you fined him you should keep separate record such as fine register,
you should submit the fine amount to the Labor welfare fund,
Instead of doing all this it is better if you suspend him for a half day or one day

Dear Mr Dhingra: In fact he being the driver posted for night shift work for emergency usage. He was found sleeping through out his full working hours and our efforts to wake him up went on vain, perhaps this was due to his taking drugs for health reasons.
Dear Mr Dhivakar : You may please read the sentence as "Wage deduction" on the principles of "No Work - No Pay". sorry for the confusion in the language. Thanks for your immediate response.
If he slept throughout his shift and did not wake up when called to duty, then you can actually deduct his salary for that day. But it is better to either get a written acceptance from him or hold a departmental inquiry.
Is this a factory ?

Mr Nathrao - Thanks for your valued advise. He is an healthy driver. Here indiscipline is questionable. Employees in some of the specialized need to undergo medical examination in a periodical intervals and such practice is in existence in our estt.
Dear Sridharan,
Suggest you two way of doing same thing:
1) IF HE HAS ACCEPTED IN WRITING MISCONDUCT OF SLEEPING AND READY TO ACCEPT YOUR SUGGESTED DEDUCTION OF ONE DAY WAGES on his confession, GO AHEAD. In the ciscumstances , you can ask him to accept the imposed penalty also with his signature It can not be challenged.
2) Issue a showcause and after preliminary action, impose proposed punishment.
You can impose more than one days wages to four days wages deduction if proved that he was under influence of any drug , as that is serious and grave offence.
Thanks,
RDS Yadav
Labour Law Adviser
navtaranghrs@gmail.com

The concept of no work-no pay is associated with absence of an employee from duty without sanction/permission as such absence is treated as unauthorized.when an employee attends his duty but sleeps during working hours, it is willful neglect of work or gross negligence which is treated as misconduct for which appropriate disciplinary action need to be initiated to prove his misconduct. Issue him a chargesheet calling for his expatiation.Therefore deducting wages may not be appropriate.If it is not satisfactory, proceed with departmental enquiry. If he admist the guilt unconditionally, proceed to impose appropriate penalty as per your service rules.
B.Saikumar
HR & LabouR Law Advisor
navi Mumbai


This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™