Anonymous
I'm working in an manufacturing industry. Timing is 9am to 6pm. 15 min grace period (late) will be applicable all days. If an employee punch by 9.16, the salary will be debited for 32 minutes. Except leave, all late in and early out are calculated double the times. Is this correct. Can we approach employer court for double deduction.
From India , Madras
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Pvenu1953@gmail.com
Retired Government Servant/advocate

Madhu.T.K
3814

It can be imposed as a penalty and the amount so deducted is kept separately in a fund to be utilised for employee welfare activities. But that will not happen on a daily basis. If you come late for 4 hours, will they deduct salary for one day? Then what is the sense in reporting duty after 4 hours, or second half?

In respect of workers coming under Payment of Wages Act, this can be disputed. A deduction of hourly rate of wages is genuine but at double the are is not acceptable.

From India, Kannur
saswatabanerjee
2357

The action is illegal under the current labour laws.
But going to court is expensive.
Instead, see whether you have an union and ask them to take it up
Or file a complaint with the Labour Officer / Commissioner, who is duty-bound to intervene in such a scenario.

From India, Mumbai
pvenu1953@gmail.com
115

It is an ordinary right that the employee needs to be paid for the period he/she has worked. Such a right could be restricted/curtailed only on the strength of a duly enacted law. The employer may not have a credible defence if the present system challenged in a Court of Law.

However, there is no right vested with the employee to report late for duty, even by a minute. Any grace period for late reporting is at the discretion of the employer.

In the instant case, it is at the discretion of the employer to turn away the employee who reports after the grace period or, even to discontinue or further regulate the practice of allowing grace period!

Moreover, please not that habitual late reporting for duty and/or habitual absence amounts to a misconduct and the employee could be penalised in accordance with the due procedure.

Thus, the present arrangement is nothing more than a protocol which is advantageous to the employee as well unless he/she is bent upon taking undue advantage.

From India, Kochi

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.







About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2023 CiteHRŽ

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server