Sudarthi Venu
One-day salary deduction was made in the contract agreement renewal process in the name of a One-day service break without any prior notice. One day Salary deduction 1st April 2022. All employees on that date were on duty. What legal action can be taken?
From India, Sodam
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Srivastavacmlal
Master Consultant
Pvenu1953@gmail.com
Retired Government Servant/advocate
KK!HR
Management Consultancy
Sudarthi Venu
Counsellor

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saswatabanerjee
2327

Seriously, you are a contract employee, and you want to take legal action for 1 day’s loss of pay? You think you will have a job after that?
From India, Mumbai
pvenu1953@gmail.com
115

In my considered view, denying one day's wages on the pretext of the technicality of one-day break is illegal unethical. May be, a contract employee is ill-equipped to take on the employer legally; but this aspect does not redeem the inherent illegality in denying the wages for the day.
From India, Kochi
saswatabanerjee
2327

Venu ji I think he is talking of a salary deduction under guise of break when they were working, not on a holiday or off day Even on off-day, it would be illegal, I think
From India, Mumbai
KK!HR
1345

This is a mistaken notion that introduction of one day break will help in treating every contract as a fresh one and the service would only count from the date of such renewed contract. These are artificial breaks and such breaks are indeed an unfair labour practice. The test is that whether the work was existing during the period of break in service or not, if it was there then irrespective of the break it would be continuous service.
From India, Mumbai
srivastavacmlal
118

Dear Sudarthi Venu,

The opinion given by our seniors and other colleagues should be welcome. Although there is inherent illegality, but at the same time it would be a futile exercise to go for a legal action for the simple reason that your employment may not be secure after that.

2. If you have worked on the day of break, the management may compensate you in some other way, but that depends upon your status and relationship that you maintain with the management.

God bless you in all your endeavours.

Chandramani Lal Srivastava
Master Consultant
931551603

New Delhi/06.05.2022/9:02 pm

From India, New Delhi

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