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Anonymous
2

Dear team,

I wanted to know about work from home policy in India.
I am working in a IT company here i found a issues about WFH.
here case is like You can take WFH full day,but they will pay you half day salary?
my question is, is it right decision by the company?
is it legally allowed?
Can someone take action about this?
what is labour code say about it?

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
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Vmlakshminarayanan
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HROne
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Nathrao
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+1 Other

Dinesh Divekar
7855

Dear Nazir Muhammed,

It appears that your company has found out that employees are misusing the Work From Home (WFH) facility. Therefore, in order to discourage them from working from home, the company has pulled a rabbit from the administration's hat.

Nevertheless, if the quantum of output provided by the employee is equivalent to the day's work, then employees are eligible for a full-day salary. Just because the mode of working changed, does not mean that the salary gets halved.

There is no labour law that gives sanction to underpayment on account of the change of mode of working.

Collectively the employees can approach the management of the company for the payment that commensurates the quantum of work. If the company administration remains inclement, then collectively an application can be filed to the labour office. However, while filing an application, make sure that there are as many signatories as possible who are junior most and nobody reports to them.

Once you file an application, things are expected to be sorted out on their own.

Thanks,

Dinesh Divekar

From India, Bangalore
vmlakshminarayanan
919

Hi,

Rather than office @ WFH employees are contributing more as there is no fixed end time for work especially in IT, ITES sectors. Here and then some are misusing WFH but for that all should not be penalised. Paying half a day salary is not at all fair. Please make a request to your immediate superior and HR. They will clear it hopefully.

From India, Madras
nathrao
3131

WFH was permitted by company I am sure.
On what basis are they slashing pay?
There is no legal basis for such cuts.
Pl read the policy letter ,if any on this issue by the company and take up the matter.
https://www.livemint.com/companies/n...036330771.html
https://smefutures.com/lets-talk-abo...on-strategies/
there are some international trends in the air about such slashes.
Presently no labour law permits such cuts in our Nation.

From India, Pune
HROne
17

If a company pays half day salary for a full day's work, it may be considered unfair compensation for the employee. It would be best for the company and employee to discuss the situation and reach an agreement on the terms of work-from-home compensation.
From India, Noida
nazir-muhammed1
2

Really appreciate your support. I have convey the same to the management. Now they have taken action to Withdraw the policy.
From India, Bengaluru
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From United States, North Bergen
Raghunath Sabat
20

Hi,

In response to your query, work from home (WFH) has become increasingly prevalent in India since the COVID-19 pandemic began. However, there is no specific legislation in India that directly addresses WFH. Therefore, the WFH policy and its associated terms and conditions are primarily governed by the individual employment agreement and company policies.

Regarding your question about the company's decision to pay half-day salary for a full day's WFH, it depends on the specific terms and conditions of your employment agreement and the company's policies. In general, employers must comply with the Minimum Wages Act, which establishes minimum wage rates for different types of work. If the company is paying less than the minimum wage for a full day's work, it may be considered a violation of the Minimum Wages Act.

Employees may seek recourse under the Industrial Disputes Act, which allows employees to file complaints for unfair labour practices or wage disputes. However, the appropriate legal action will depend on the specific facts of the case and the applicable laws.

In conclusion, the decision to pay a half-day salary for a full day's WFH should be assessed in the context of your employment agreement and the company policies. The legality of the decision will depend on the minimum wage rates and applicable labour laws. If you believe that the company's policy violates the Minimum Wages Act or other applicable laws, you may seek legal recourse under the Industrial Disputes Act.

Thanks!

From India, Mumbai
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