Psdhingra
Legal Analyst, Hrm
Kamalkantps
Advocate
Dayalsaran
Manager (sales Administration)
Nashbramhall
Learning & Teaching Fellow (retired)
Ashutosh Thakre
Hr Professional
+2 Others

Thread Started by #Anonymous

Hi Seniors,
i have recently joined new company as HR. however the the company's MD has directed me to deduct the 5% employee salary as penalty not to complete the work within the deadline. plz guide me is this the correct policy also clarify weather it is legally valid to penalise the employee for non completion of work,
please give your valuable input in this regard,
Regard
Aman
15th June 2016 From India, Agra
Dear Mr. Aman,
Deduction from salary as a penalty for noncompletion of work is absolutely wrong.

This type of approach can be seen between two parties who attend to each others work based on a clear-cut understanding of work which is to be completed within the time frame agreed upon and the copy of the conditions will be printed and signed by both the parties.The above approach can be deemed valid between two entities or organizations or companies who perform an activity on agreed payment terms and conditions.

The same cannot be applied on, employees. Why because, the non-performance of any employee is due to various factors. Not the employee alone. The suitable infrastructure, proper training facilities, cooperation at the workplace etc points have to be considered before penalizing any employee. I mean to say that the degree of loss is to be clearly defined before the start of the work and not after the actual loss. We should not forget that even employees are governed by various laws and a harassment case can also be registered against the company and its representatives, based on the seriousness of the case.

To put it simply, this approach is a serious dent to the image of the company in the long run and by such activities, the unprofessional way of dealings are exposed. Human resource is a valuable resource which is to be treated with utmost care and respect.

Regards,
Dayal
15th June 2016 From India, Hyderabad
#Anonymous
sir,
let me share one of the practical case of our company. one day i have send one of accountant to the bank to deposite the cheque however the accountant has mistakenly written wrong account No In cheque deposite slip hence the cheque couldn't be clear in this case the company MD directed me to deduct 5% salary of accountant. when i have tried to convince the MD saying that its not legally valid to deduct the employee the MD has said we do provide the salary to employee for the work and every employee is liable to do the correct work & must be complete within the deadline. however if any employee fail to do correct work within the deadline the employee should be penalise,
pls tell me how to deal with this sitaution,
15th June 2016 From India, Agra
Dear Aman,
The MD seems to be having used to his orders being obeyed and he trying to bend the rules as per his vision.
Kindly brief the MD that, the company pays the salary to the employees for the work he has rendered. The Penalty cannot be put on them as, their work is depending on various factors.
Also, even if one of them approaches the Labour officer, then you are sitting on a Pandora box.
But even if he still insists to get the deduction, just to save yourself, get the same thing in writing from the MD.
Regards,
Ashutosh
15th June 2016 From India, Mumbai
#Anonymous
sir,
can you please provide the any relevant case law, any section etc. which state that the employee cannot be penalise,
actually when i have tried to convince the MD he said in which law it is written that the employee cannot be penalise for non completing the work within the deadline,
pls provide the any case law, relevant section for the same,
15th June 2016 From India, Agra
Non completion of work can be due to various reasons.
Some may not be in employee control.
If an employee is habitual non performer or underperformed-counsle him,correct him,ask for explanation and still no improvement,then issue show cause notice and based on reply initiate further actions.
MD cannot just offhand or abruptly decide to cut 5% salary as penalty.
Every one has to follow laid down procedures to impose fines/punishments.
15th June 2016 From India, Pune
Dear Aman,
From your post it is not clear to whose account the cheque was supposed to be deposited? Was the account number written clearly and given to the accountant? Have you ascertained why the mistake happened?
Our learned friends have already aired the views about the legal position. What loss was incurred due to the mistake of the accountant?
It appears from your messages that it's a small privately owned firm and the MD does not know the rules and acts based on his whims.
15th June 2016 From United Kingdom
#Anonymous
Dear Seniors,
it was the mistake of accountant the account number given him correctly Nirdesh was written wrongly by accountant however due to this miskate one of the creditor's cheque has been bounce. the creditor has directely ask our MD for cheque bounce. when this matter was taken up to MD the MD has immediately directed me to deduct 5% salary of accountant however accountant has also accept his mistake made by him
pls clarify in this case weather is it correct to deduct the 5% salary of accountant,
15th June 2016 From India, Agra
Anonymous,
Answer is no.
You cannot deduct 5% salary.
Your MD may think he is the boss-I agree -he is your boss-but he is subject to laws of the land.
Accountant can be warned or even punished for the offence.But without due process no punishment should be given.
15th June 2016 From India, Pune
#Anonymous
sir, pls provide the any case law, section etc. not to penalise the employee, because the MD is asking to provide the any case law, section which state that No employee can be penalise,
15th June 2016 From India, Agra
Mr. Aman,

First of all, it is to be pondered upon whether there is any deadline fixed on paper about deposit of cheque? Secondly, if the cheque was deposited with wrong number within one or two days of receipt and returned due to clerical mistake, where is the question of deadline? Thirdly, is your MD perfect that he does not make any mistake? Fourthly, your request for case law, any section etc., is quite absurd. Each bit of minor things are not described in law or case laws, unless specifically taken up with cogent reasons by the affected person to get justice from the court of law, if unjustice is really done to him.

By the way what will you do with the case law, any section etc.? Do you have any power to enforce some one else case law on the case of your accountant? Also, do you have the power to enforse any case law not related to your accountant's case on your MD or can compel him to follow your advice?

You need to simply see the terms and conditions of appointment of the accountant. If there is no such provision to impose penalty on such an instance os mistake and the mistake is not intentional on the part of the account, just pin point that to your MD. However, if your MD has given the order of penalty in writing, irrespective of that being wrong, better comply that. Let the accountant take up appropriately with the MD. As a subordinate, you should not try to impose your wishes on your MD.
16th June 2016 From India, Delhi
Hi Aman
First prepare to issue the charge sheet , stating his negligence of work and ask him to give his reply.
after receipt of his reply Conduct domestic enquiry, issue 2nd show cause letter ,then punishment order to be issued according to your standing order.
Regards,
Karthikeyan.S
18th June 2016 From India, Madras
Dear All,
Even if you charge sheet him and he accept his mistake and also accept the deduction and you do the deduction. You will have to show that the actual loss caused by the mistake amounted to that amount which you recovered from the Employee and for that you will have to keep the proof like cheque bounce slip. Because in Establishments you have to keep a register of Fines and the fines so collected have to be submitted with Labour Welfare Fund and that cannot be kept with the management. You may deduct the money actual lost but anything in access of that have to be shown in the register and need to be deposited with Labour Welfare Fund. Just another food for thought.
28th June 2016 From India, New Delhi
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