Gannahope
Asst.commissioner Of Labour..a.p.
+1 Other

Thread Started by #p.susanta86@gmail.com

1.What are the scenarios where LEAVE WITHOUT PAY is applicable?
2. If disciplinary issue comes in to picture,can a HR hold salary of an employee?
3.If an employee comes 1 hour late ,can that 1 hour salary can be deducted?
4.What are the legal factors will work out for above 3 cases?
21st June 2018 From India, Bengaluru
1.What are the scenarios where LEAVE WITHOUT PAY is applicable?
Leave with out pay is a situation where some body applies for leave and even if leave is granted, he may not have eligible leave to his credit, and one day salary would be deducted for that month as LOP..
2.If disciplinary issue comes in to picture,can a HR hold salary of an employee?
Only in the case of 'Suspension Pending Enquiry' he will not be paid wages. However he would be eligible for 'Subsistence Allowance' as prescribed under Standing Orders of the Company during the suspension period.
3) If an employee comes 1 hour late ,can that 1 hour salary can be deducted?
Yes. On the principle of No work No wages. Keep a written policy of the company / you may incorporate this clause in your Standing Orders also
4.What are the legal factors will work out for above 3 cases?
All are governed by the Standing Orders of the Factory. If it is not a Factory then the Policy and Procedures of the Company (Employees' Hand Book)
21st June 2018 From India, Madras
Dear Friend,
1. What are the scenarios where Leave without pay is applicable?
Reply No 1:- Employee goes on leave without leave balance in his account caused without pay.
2. If disciplinary issue comes in to picture,can a HR hold salary of an employee?
Reply No2 :-You can not hold salary without a valid reason or in absence of any policy or provision in standing order.
3.If an employee comes 1 hour late ,can that 1 hour salary can be deducted?
Reply No 3:- As per the norms of payment the deduction is possible. You check your policy and provision in standing order.
4.What are the legal factors will work out for above 3 cases?
Reply No4:-Payment of wages act and ID Act. As well as rules & policy adopted in establishment or by Standing order
22nd June 2018 From India, Mumbai
Hi
1. What are the scenarios where LEAVE WITHOUT PAY is applicable
The LOP is applicable when the employee does not have any earned leave at his credit. Some employer adjusts the leave against his future leave. It depends upon the Company Leave Policy.
2. If disciplinary issue comes in to picture,can a HR hold salary of an employee?
In case of disciplinary issue if the employee is suspended till the completion of the domestic enquiry and subsequent dismissal once he is found guilty of the charges by the Enquiry Officer you are bound to pay full salary if you do not If you do not have a Certified Standing Order or Service Rules /
In case you have a Certified Standing Order or Service Rules then you have to pay his salary as per the provisions of the Subsistence Allowance Act. (50% of the salary drawn by him at the time of suspension for first three months and @ 75% subsequent months till his dismissal)
3.If an employee comes 1 hour late ,can that 1 hour salary can be deducted?
It depends on the Company Policy. For example some Companies adopted policy that if an employee comes late for 3 consecutive days he has to forgo one day leave. In case he does not have leave at his credit one day salary is deducted. In any case the employees to be informed about the consequences for late attendance.
4.What are the legal factors will work out for above 3 cases?
Apart from Company Policy, all are governed by the relevant Labaour Laws (1) Payment of Wages Act, Shops & Establishments Act, Standing Order Act, Industrial Disputes Act
Regards
P S Lakshmanan
S.G.Management Services
Kolkata
22nd June 2018 From India, Kolkata
Dear colleagues,
I think we should get our concepts clear on leave and lwp. Dictionary meaning of leave is permission. LWP can be authorized or unauthorized. Authorized LWP is when employee is granted permission to avail leave of absence on loss of pay usually because he/she has no leave balance in his/her account. In this case, it will not rank for any disciplinary action because prior permission is granted.
In another situation, when any employee chooses to remain absent without leave to the credit and without permission. This
act will call for suitable disciplinary action of show cause notice, issue of chargesheet, conducting domestic enquiry followed by an appropriate punishment if charges are proved.
The HR has no right to hold salary for LWP unless the employee is suspended pending enquiry in which case only subsistence allowance is payable as per MSO.
For late coming , salary can be deducted on pro rata basis on the principle of no work no pay as has been pointed out, subject to rules framed and properly communicated to all employees.
Regards,
Vinayak Nagarkar
HR-Consultant
22nd June 2018 From India, Mumbai
Ok
It seems you have arrived to implement strictly disciplinary formats to all your employees to maintain dignity of the company. We appreciate you only to go ahead without harassment. Of your employees...
23rd June 2018 From India, Nellore
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