Dinesh Divekar
Business Mentor, Consultant And Trainer
Rkn61
Hr Manager
Nathrao
Insolvency N Gst Professional
Aks17
Compliance Manager

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The employee actual salary is X amount. He is requesting to issue a payslip stating salary X+10k so that he can get a loan of a higher limit. Credits in his bank account is also an X amount. As an employer can such a request of an employee shall be accepted and issue payslip of a higher amount than the actual. Do employer faces legal consequences in doing so. Requesting Experts to PLEASE provide your answers with LEGAL Provisions of relevant Acts and Rules.
If the organization is a consultancy service provider, does the Minimum Wages Act applies?? Because the issue of payslips is mandatory only as per MW Act and I don't see its mandatory requirement in any other statues.
Thanking You.

From India, Visakhapatnam
Dear Jaffar Khan,

Issue of the false payslip: - Never issue the false payslip to the verifying agency. If you do that then it will be considered as you were complicit in the fraudulent activity done by the employee.

By the way, there is a difference between "incorrect" payslip and "false" payslip. While working, errors creep in our work. Errorful job is considered as incorrect work or wrong work. However, incorrect work or wrong work is liable for the corrections. In contrast, doing something deliberately that is not in accordance with the fact, reality or actuality is nothing but intentional deception. While we should strive to maintain a healthy relationship with the employees, it has to be done within a legal framework. It is better if we do not cross the legal boundaries.

Issue of Payslip: - Payslip has to be issued to each employee for every month. It is not just the requirement of the Minimum Wages Act but the requirement of Factory Act or Ship and Establishment Act as well.

Thanks,

Dinesh Divekar

From India, Bangalore
Pay slip is nothing but a document given by employer to employee, indicating Month of disbursement, details of gross salary, details of deductions effected by Company, Name, Designation, ID No of employee, DOJ, Father's name, Bank's name, Bank branch name, SB Account no., Details of leaves availed during month, and balance leave on credit, loan details (loan amount, amount recovered so far, balance amount of loan due) . Pay slip shows actual amount of salary, total deductions, and net salary amount disbursed or transferred to Bank. It is an authenticated, true document. You can not add any further amount in the document.

If you have appointed employees,- "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, , then it will come under Minimum Wages Act.

From India, Aizawl
No employer should ever even think of issuing a fake payslip or any other document. Based on fake payslip,loan may be granted beyond capacity of employee to pay back.
These are direct consequences of a fake pay slip.
Issue of payslips make administration transparent and open.Employee knows what is pay and elements thereof.
So avoid getting your company in trouble and yourself
For all you know the employee may after taking the laon from X bank leave your organisation also over time.

From India, Pune
Hi
You are inviting trouble if you are going beyond the actuals in the case. Never ever do that as the lender may even sue you stating it was basing on your 'false' statement [read payslip] that they had given the loan way beyond the actual amount which might have been lent as loan, otherwise.
You are running a company not a kiosk to even think on those lines.
Thanks and Regards

From India, Hyderabad
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