If an employee has not come to work for 7 days without intimation then can we deduct the salary as per labor law?
From India, Mumbai
From India, Mumbai
Dear Viki,
Punctuality and regularity in attendance and performance of the assigned work are the obligations imposed on the employee under the contract of employment. When he fails in that abruptly, automatically he loses his right to full wages. Therefore, the employer is legally empowered to initiate disciplinary action against the employee on the charge of unauthorised absence, apart from deducting wages for the period of absence.
From India, Salem
6016Punctuality and regularity in attendance and performance of the assigned work are the obligations imposed on the employee under the contract of employment. When he fails in that abruptly, automatically he loses his right to full wages. Therefore, the employer is legally empowered to initiate disciplinary action against the employee on the charge of unauthorised absence, apart from deducting wages for the period of absence.
From India, Salem
Hi Vi-ki,
I may add, yes as an employer, got every right to deduct salary. I'm not sure whether you have tried to contact the employee to find out what is the reason behind the absence. There is possibility of some reason for not reporting such as health issues, covid lockdown etc .,yet though another possibility of joining others too. Why don't you first try once in case..
From India, Bangalore
I may add, yes as an employer, got every right to deduct salary. I'm not sure whether you have tried to contact the employee to find out what is the reason behind the absence. There is possibility of some reason for not reporting such as health issues, covid lockdown etc .,yet though another possibility of joining others too. Why don't you first try once in case..
From India, Bangalore
I f An employee remains absent with out intimation. What an employer is supposed to do?
1.Pls communicate with employee to find out what is the reason behind absence.
2.Issue a formal show cause notice to the employee?
3.Initiate an enquiry ?
4.Allow employee to be heard for his absence?
5.Conclude with suitable punishment/penalty which may or may not include deduction of wages depending on the gravity of seriousness of the fault.
From India, Vadodara
1.Pls communicate with employee to find out what is the reason behind absence.
2.Issue a formal show cause notice to the employee?
3.Initiate an enquiry ?
4.Allow employee to be heard for his absence?
5.Conclude with suitable punishment/penalty which may or may not include deduction of wages depending on the gravity of seriousness of the fault.
From India, Vadodara
Dear colleague,
Before treating 7 days absence as unauthorized ranking for deduction of wages, please check whether comprehensive leave rules are in place and are communicated to employees.
If any employee despite knowing the leave rules, chooses to remain absent from duty without permission/intimation , invites disciplinary action in addition to non- payment of wages on the basis of 'No work, no pay'
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Before treating 7 days absence as unauthorized ranking for deduction of wages, please check whether comprehensive leave rules are in place and are communicated to employees.
If any employee despite knowing the leave rules, chooses to remain absent from duty without permission/intimation , invites disciplinary action in addition to non- payment of wages on the basis of 'No work, no pay'
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Wages/salary is the remuneration of work performed. No employee is entitled for wages as a matter of right just because of his appointment. To my knowledge, there is no such law or such principle of law or equity. On the contrary, onus rests with the employee to either attend to duty or if absent, to apply for leave as eligible.
From India, Kochi
From India, Kochi
Dear HR buddy
All above responses are correct, however I would like to add as under.
"No work No Pay" is universal law, our Labour Laws do also recognizes the same. There is prohibition for undue to deductions in terms of head of deduction and proportion of deduction under Payment of wages Act.
In your case after deciding to deduct for absenteeism, company's Leave rules/policy comes into play.
# What is the time period to apply Leave against absenteeism
# Is there any laid down rule to intimate employee to apply for Leave before deduction of salary.
Regards
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
All above responses are correct, however I would like to add as under.
"No work No Pay" is universal law, our Labour Laws do also recognizes the same. There is prohibition for undue to deductions in terms of head of deduction and proportion of deduction under Payment of wages Act.
In your case after deciding to deduct for absenteeism, company's Leave rules/policy comes into play.
# What is the time period to apply Leave against absenteeism
# Is there any laid down rule to intimate employee to apply for Leave before deduction of salary.
Regards
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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