Can you please tell me if there is an deduction of salary due to late coming Are fine but the deduction should be from gross salary or basic????
From India, Kolkata
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From India, Kolkata
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If we read section 7(2)(b) along with section 9(2) of the Payment of Wages Act, such deductions can be made, but they must be in proportion to the period of absence and the total period of work in a day.
Now, the second question: the wages in this act mean all remuneration that can be expressed in monetary terms. Thus, it means the total money you receive for a day, less any contribution that your employer makes towards statutory compliance.
See this post on the Payment of Wages Act: [Employer Not Paying Wages After Resignation or Termination (Part 1) | Indian Labour Laws & Shram Suvidha Simplified](http://www.shramsamadhan.com/2016/11/employer-not-paying-wages-after-termination-resignation.html)
From India, Kolkata
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180Now, the second question: the wages in this act mean all remuneration that can be expressed in monetary terms. Thus, it means the total money you receive for a day, less any contribution that your employer makes towards statutory compliance.
See this post on the Payment of Wages Act: [Employer Not Paying Wages After Resignation or Termination (Part 1) | Indian Labour Laws & Shram Suvidha Simplified](http://www.shramsamadhan.com/2016/11/employer-not-paying-wages-after-termination-resignation.html)
From India, Kolkata
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deduction should be on gross wage basis. there is no specific law or rule on this, but it is the most logical
From India, Mumbai
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From India, Mumbai
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Arshi Modi,
Greetings .........
Before I start discussing the topic of your query, I would suggest you ask yourself the following questions:
1. Do you have Office Time mentioned in the "Letter of Appointment" of all Staff?
2. Do Staff in the Non-Executive Category have similar Office Time as that of the Executive Category?
3. Do you have any norms set for the "Late Coming and Late Going" system for any specific department?
4. It is often said that "working till late evening is a requirement of the job that you have accepted." These words do not have legal sanctity or recognition and could be very damaging to an organization. Has any of your Executives ever said this to any of your Staff?
5. Has any of your Staff ever said, "since I leave after work late every day, I come late to balance my life"?
Once you are clear with all the points above, please read the following lines and decide.
Accepting the fact that Employees may have some Personal Work on specific days that could delay their reporting to work, punishment for Employees for indiscipline like habitual "Late reporting to Work" seems justified if the "Staff Service Rules" of an organization mention it. I would prefer "deduction of Leave" (CL or EL but certainly not ML) for Late Attendance more than a "maximum number of days" (for instance, 3 days maximum in a month) specified in Staff Service Rules. There has to be a "sliding (incremental) scale" specified in the service rules for "adjustment of due leave" against "late reporting to Work". For example:
- Late reporting to work up to 3 days in a month: Condoned with issuance of a Warning Letter.
- From 4 days onward up to 6 days in a month: 2 days CL or PL to be adjusted or Salary to be deducted in lieu thereof.
- From 7 days onward up to 9 days in a month: 3 days CL or PL to be adjusted or Salary to be deducted in lieu thereof.
- For 10 days & above: Adjustment of leave for 9 days as above + deduction of Salary for each additional day thereafter.
However, before implementation, please get your "Staff Service Rules" vetted by a practicing lawyer and mention specific clauses therefrom in Appointment Letters issued to Staff.
Regards,
From India, Pune
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Greetings .........
Before I start discussing the topic of your query, I would suggest you ask yourself the following questions:
1. Do you have Office Time mentioned in the "Letter of Appointment" of all Staff?
2. Do Staff in the Non-Executive Category have similar Office Time as that of the Executive Category?
3. Do you have any norms set for the "Late Coming and Late Going" system for any specific department?
4. It is often said that "working till late evening is a requirement of the job that you have accepted." These words do not have legal sanctity or recognition and could be very damaging to an organization. Has any of your Executives ever said this to any of your Staff?
5. Has any of your Staff ever said, "since I leave after work late every day, I come late to balance my life"?
Once you are clear with all the points above, please read the following lines and decide.
Accepting the fact that Employees may have some Personal Work on specific days that could delay their reporting to work, punishment for Employees for indiscipline like habitual "Late reporting to Work" seems justified if the "Staff Service Rules" of an organization mention it. I would prefer "deduction of Leave" (CL or EL but certainly not ML) for Late Attendance more than a "maximum number of days" (for instance, 3 days maximum in a month) specified in Staff Service Rules. There has to be a "sliding (incremental) scale" specified in the service rules for "adjustment of due leave" against "late reporting to Work". For example:
- Late reporting to work up to 3 days in a month: Condoned with issuance of a Warning Letter.
- From 4 days onward up to 6 days in a month: 2 days CL or PL to be adjusted or Salary to be deducted in lieu thereof.
- From 7 days onward up to 9 days in a month: 3 days CL or PL to be adjusted or Salary to be deducted in lieu thereof.
- For 10 days & above: Adjustment of leave for 9 days as above + deduction of Salary for each additional day thereafter.
However, before implementation, please get your "Staff Service Rules" vetted by a practicing lawyer and mention specific clauses therefrom in Appointment Letters issued to Staff.
Regards,
From India, Pune
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LATE COMING.doc