Management Consultancy
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In my organization, salary has been deducted against missed out punches in biometric devices for many employees although there is no such policy prevalent in our organization and without any warnings. The sign out is showing in the manual attendance register & employee have worked for the day/ days for full hours . This may be due machine error also. The management is not accepting any communication regarding this. they have straight way deducted the salaries and now the employees are feeling cheated and de-motivated. What is to be done. Please help is there any law or can we challenge this in court of law.
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Put up a written representation of objections to illegal pay cuts.Give proof of attendance.
If management does not accept the appeal.Send it by post (speed post)
Is your establishment a factory?
Have you any trade union?
Last resort is going to labour officer of the area and seeking intervention.
Dear Mr. Nathrao,
Thank you for your valuable suggestions. We have already submitted all proofs ( manual attendance register& emails) to management, but they refused and are in mood listening to us.
Sir, The employees are mostly executive and or managerial cadre and do not comes under labour law. where can we put our grievances, please suggest.
Hi Paulsanju,
Even Executive cadre and Manager cadre work for salary only, they have to represent the matter strictly in writing to the Management to consider the case and rectify the problem.
Let all the victims go and represent collectively with the Unit head/Operations head firstly if the written request is not accepted. Then the matter can be escalated to even higher ups like GM or CEO till justice is met.
The principle is that one gets paid for work done. So when there is evidence of e-mails etc which indicate the presence of employee, depriving the employees (executives & managerial personnel) of their salary is uncalled for and the management has to review and reconsider the provision. Management cannot adopt a stand that, come what may payment of salary is strictly based on bio-metric punch data. First of all, there has to be data accessibility, every employee has to be able to look at his punch data and secondly there has to be a provision in the system that wherever the punch data is missing an employee can seek correction and his controlling officer can manually get it corrected. It looks ridiculous that an employee having come (Punch -in data available) has never left the office since there is no punch- out data and conversely when there is no punch in data but he has left the office without coming in. Point out the inherent improbability the situation creates.
Has this been made applicable to the workmen category. If so, a representation to the local labour office for violation of Payment of Wages Act 1936 would suffice. Otherwise you can only request for good sense to prevail.
If the biometric is losing punches then the system is defective and needs to be rectified. Apart from biometric, it is mandatory for companies to maintain manual attendance register as part of compliance with local municipal laws in the event of disaster etc.
Dear All, We have escalated the matter upto CEO and he has only given relief upto 2 days missed punches but for the first & last time. There are employees who have 5 or more days missing. They are very annoyed with this decision & this is hampering the very morale of employees working with full dedication, sincerity & honesty.
Please guide
Take collective legal action agains the company.
Unity is strength.
I opine that in this case the Time office / Security failure is very visible. Hope that they are not verifying the data shift on shift basis and hope that they are down loading at the end of the month. If it is verified on daily basis this would have not happened. As far as Security part is concerned how they confirm that the employee entered in to the premises has left after completing his duties and all is a billion dollar question.
The organization should also have an alternative arrangement for the Entry and exist system as there will be failure of the instrument, power & the back up failure etc., then the employee is to be allowed to enter manually. Most of the organizations shall regularize the attendance with a request letter from the employee duly authorized by his superior. It is required also because of various reasons the employee may forget or may not be able to record due to failure of the instrument, or due to exigencies he/she might have left or very many other reasons like accident etc., hence I strongly opine that there should be an alternative & deducting the salary without due respect / confidence on employee is not a good sign for any company.
As suggested by some of the professionals its better to escalate it to higher management or else go legal battle if all the sufferers accepts & support........
Legal action will not help, however, you can inform the local Dy Labour Commission to depute the labour inspector of the area to sort this out amicably. he will advise the company of the legal position, which the company may have to follow.
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