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
If we read section 7(2)b along with section 9(2) of payment of wages act such deductions can be made, But must be in proportion of period of absence and total period of work in a day.
Now the second question, the wages in this act means all remuneration that can be expressed in money terms. Thus it means total money you receive for a day, less any contribution that your employer makes towards statutory compliance.
See this post on payment of wages act Employer Not Paying Wages After Resignation or Termination (Part 1) | Indian Labour Laws & Shram Suvidha Simplified

From India, Kolkata
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
Arshi modi,

Greetings .........

Before I start discussing the topic of your query I would suggest you should ask the following questions to yourself ....

1. Do you have Office Time mentioned in the "Letter of Appointment" of all Staff?

2. Do Staff in Non-Executive Category have similar Office Time as that of Executive Category?

3. Do you have any norm set for "Late Coming and Late Going" system for any specific department?

4. It is often said that "working till late evening is a requirement of Job that you have accepted". These words do not have a legal sanctity or recognition and thus, could be very damaging to an Organisation. Did any of your Executives has ever said this to any of your Staff?

5. Did any of your Staff has ever said "since I leave after work late everyday I come late to balance my life"?

Once you are clear with all the points above, read following lines and decide please.

Accepting the fact that Employees may have some Personal Work of some specific days that could delay his reporting to work, Punishment to Employees for Indiscipline like habitual "Late reporting to Work" seems very much justified if the "Staff Service Rules" of an Organisation has it mentioned in it. I, however, would prefer "deduction of Leave" (CL or EL but certainly not ML) for Late Attendance more then a "maximum number of days" (say 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 too 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"

form 4 day onward up to 6 day in a month ...... 2 days CL or PL be adjusted or Salary be deducted in lieu thereof

form 7 day onward up to 9 day in a month ...... 3 days CL or PL be adjusted or Salary 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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