Is It Fair for Employers to Deduct Salaries During a Curfew? Seeking Advice for My Team

Dear all,

Please note that I am working in a production unit in Ludhiana. As you all know, a few days ago, there were civil riots in Punjab, leading to a curfew in place across major cities in the state. My concern is that our management has deducted the salary (for the month of May 2009) for those days when we couldn't come to the office due to the curfew in the city.

Could you please advise me on whether this deduction is justified? If so, how can I justify it in front of my management, considering it affects all my staff members (at least 300)? Your urgent reply is requested as our salary checks are due to be delivered, and we do not wish to have deductions in our salaries.

Thank you.

Dear [Recipient],

I understand your problem, and it was not possible to attend the office. But if you have not worked on those days, how will the employer pay salary for those days? If you have leave balance, then management should consider your leave. You cannot justify your point; why should management suffer when you have not worked? Why pay salary? Please consider another perspective as well. No work, no wages; it is a set principle.

These were my views; I am waiting for others to reply.

Regards,
J. S. Malik

As per my concern, out of 300 employees, some are present at their posts while some are not due to the curfew. I suggest asking the other employees how they managed to be present in the plant during the curfew in your city. Therefore, please consider this point and adhere to the principle rules that state: no work, no wages.

I think the management is being a bit too harsh on this. If there was a curfew, how do you expect anyone to come to work? It's not like I took a day off and was staying at home watching TV. What if the employee had risked coming out of his home and had been injured or, worse still, killed; would the management bear those costs and risks? I think there needs to be perspective in place on the part of the management. There are situations in which some areas of a city may be under curfew. However, there is a very real and pertinent danger involved in stepping out when the city may be suffering from riots. I would ask your management to reconsider their decision keeping this in perspective.

According to me, your employer should treat these curfew days as paid holidays. Being an employee, even if one wishes to attend the office, he/she couldn't since the curfew applied was preventing the employee from doing so. However, I feel that your employer should have been considerate enough to understand the fact that had any employee tried to venture out of his/her house, he/she would've either been killed or put behind bars. Your employer is harsh to consider the employees to attend the office in such a risky situation.

I agree with Venkatesh and suggest talking to management that we are not responsible for riots and to pass an order for a curfew. However, all this needs to be done while maintaining a positive and normal approach when communicating with management.

Regards,

Sandeep

Hi Ravi,

Once this thing happened to me also. Prior to this job, I used to work for a family-driven business as an HR Manager. One day, due to a curfew in the city, I arrived late at the office even though I had informed the office manager about this issue (the office manager is the brother-in-law to the director). However, as my other colleagues were present in the office on time and I had been marked as absent for that day. They all used their own personal vehicles while I was using public transport, and the curfew had a greater impact on the area where I reside. I tried a lot to convince the management because I left for the office like any other normal day, but due to the curfew, I was late.

I was a female employee, but the management didn't consider my request. It was a very wrong decision from the management. However, we are employees, not management or union members, so we can't protest. The only thing we can do is to convince the management.

This is reality, friend!

The rest is up to you, but please make a strategic decision. Take care that due to this small incident, your work, attitude, and efficiency should not be affected.

Make decisions from the mind, not from the heart.

Regards,

Shine

Hi,

In this case, I would like to ask Mr. J. S. Malik, law experts, what the law says in such critical situations. When it's not the employee's fault and employees are willing to come to the office but cannot due to external environmental problems, what does the law state? In emergency situations, employees do donate one or two days' salary to affected areas like earthquakes.

Is there anything mentioned in the Wages Act that will guide organizations on how to deal with such situations?

Regards,
Aparna Sethi

Dear,

I have given my views in an earlier post but am thinking that others will also suggest their views because legally, you cannot claim wages for these days as you have not worked. I read the answers a few friends provided, suggesting that it should be a paid holiday, as it was beyond the control of the individual. However, we are not considering the employer's point of view.

If someone has not worked, the employer has suffered in two ways: no production and giving payment without work, which does not seem justified. An employee who has not worked and is not receiving a salary, I do not think there is any unjustification.

Thank you,
J. S. Malik

Dear friends,

I believe the employee should inform the management that he is facing a curfew, so he cannot attend duty. In such a circumstance, the management should try to arrange transportation for its staff with the help of the police. If this is not possible, then it is not the fault of the employee, and his absence should be treated as a special case without cutting his payment. Because if the employee manages to come somehow, how would he return home during the curfew? The police on the roads will ask him to rush back, while his company management will ask him to come to the office. :-D

Regards,

Rajeev Dixit

Dear Friends,

As rightly mentioned by Mr. Malik, anything should be a win-win situation for both parties. The curfew part is also a surprise and sudden hit to the employer. If the employer loses his business and is unable to supply the material/services on time, he will lose his business.

In some circumstances, if the employer can produce more material, supply to the customers, and generate some income, then one option could be considered. This involves requesting the management to consider paying for these curfew days and compensating by working on other holidays/weekly offs, etc. However, this decision will be solely at the discretion of the management because they can only pay if they are able to make some money.

Generally, you are eligible for payment for the days worked, and if feasible, the management can consider your absence period as leave, deduct leave from your account, and pay accordingly.

I am happy to work for an employer like Mr. Rajeev Dixit.

With best regards,
Kameswarao

In my view, an absence could be managed by adjusting it with Casual Leave or any other type of leave if management is not willing to grant special leave or provide wages for a particular day.

Regards,

"No work, no pay" is acceptable. "No life, no job". If something happens to employees during that day, say 150 out of 300, still the management is liable to pay compensation under the Workmen's Compensation Act. Isn't it so, sir?

Dear Sir,

I want to ask one thing: I have worked for 10 years in a manufacturing company, and due to some dispute, I left the company and joined another job without taking any compensation package from the company. Is it possible for me to claim that compensation from the previous company? I also bring to your kind notice that it is 2 years ago, and the number of employees in that company is approximately 10-15.

Regards,
Prahlad

I think management should settle this dispute by giving a half-day's salary, as both sides are correct in this situation, and no one would like to bear the loss.

Dear All,

I totally agree with Malik ji. In Mumbai, during the rainy season, we face this problem. As you all know, the Local Train is a lifeline in Mumbai. During heavy rainfall, sometimes local trains do not operate. Consequently, most employees are unable to come to the office due to a lack of transportation. In this situation, most organizations consider it as leave. If employees have leave, then it is suggested; otherwise, it is no work, no pay. I personally believe this is right and well-accepted by (Mumbai) employees.

Dear All,

In my view, employers should make the payment as employees were not able to attend the office because of the curfew; it was not their wish to sit at home. It is almost the same situation when an election comes, and employers pay salary for that very day. This can be viewed as being due to some unavoidable forces where employees were not able to join their duties. The case may be treated the same as if the office is closed because of any reason without prior information; then obviously, it is not the fault of the employees. Management should pay for these days and balance it with available leaves.

Regards,

Amit Seth.

Hello All,

It's great to see all the messages. I agree with Mr. Malik, Ram, etc. Let us understand that when a tree is protected, the fruits benefit. In the same way, if an organization is running with the required production, it can take care of its employees. However, due to external threats like curfew, the organization has already lost direct revenue due to no production or very limited production.

I agree with the management's decision, and even as per the Payment of Wages Act, 1936, the management has every right to deduct wages for the days of absence. I hope you can only apply your PL's/EL's if you are eligible. I hope that if your management approves your PL/EL, you will be paid for those days with your June 2009 salary.

We cannot blame our mother company. Good replies in a few days. This is a nice platform for professional updates, sharing information, and guidance from professionals.

Regards,
Ram Swaroop

Hi Ravi,

It is really quite frustrating to hear from such administration to not pay. But on the contrary, the admin seems to have their basis to do so. The actual cause of deducting your salary is because of the physical presence you have not, as employees, proved in the stand of the circle of management. "A person comes then compensate them..."

Yet looking on the wider side of the picture, if employees have tried calling and informing the management and filed for such leaves, then that is binding. But the rational decision of your employer seems not acceptable to many of the employees because we are basing on the curfew imposed by the police... (eye-opening). If such curfew had run in one municipal and you are in one hospital working, will it be an excuse for the employee to abstain from going to work...? I don't think so...!!! There is an obligation... I call professional obligation. If one cannot carry, one must call, inform, either by official or unofficial means.

I would like to express that we have a professional accountability to our employer and so the employer towards their subordinate. It is a chain that both sides must see because the curfew and paying less is not meeting at the table of your institution. Both sides must sit to refresh an agreement. Like, can you work out or make up for it? Can you stand to work the missed days and pay per day or etc....

Thank you.

Dear,

I fully agree with the views of Mr. J.S. Mallik. You should request your management to adjust your leaves for your absence on account of the curfew. Every employee should try to accrue leaves to meet this kind of unforeseen circumstances, and it is even useful at the time of leaving the organization to adjust towards the notice period.

Regards,

NV Subba Rao, Hyd
M: 09849562900

Hi,

In my viewpoint, I think the employee should be paid for these days, as it is not the mistake of the employee; it's due to a reason. For example, people working in the public sector are paid for these days, so the salary for these days should be paid in the private sector as well. However, the decision for payment still remains with the management. There are people in the management who are also suffering due to this mishap.

Dear Ravi,

Rules are applicable to all. Please check if any deductions apply to the owner of your factory or top management people. If deductions are made and they are okay with it, do not stress as you are all in the same situation. However, if they receive their full salary while you do not, consider the following:

The organization is run by a family-run organization. Therefore, be a member of that organization.

Hi,

Employers should consider the perspective of others rather than adhering strictly to their principles. Life should take priority over everything else.

Soma Adhikari

Normally, you are paid for the days worked. During times like curfews, floods, transport strikes, etc., the management (depending on the industry) may ask you to work on a day off or the weekend and consider it as "all dues accounted for." Another approach could be deducting a day's leave from the leave balance and paying you for all the days. If neither of these options is feasible, then the management has the right to treat it as unpaid.

Please let me know if you need further clarification or assistance.

THE LAST WORD:

Dear Friends,

I have been reading all your responses, many of them being based on emotions and an imagined fairness. Remember, an HR professional has to base their decisions on hard facts and not on emotions, excuses, or sob-stories. Let me clarify the situation:

Whether it is "curfew," "bandh," or any other contingency; under the normal course of work, an employee has to attend to their duties at the worksite to be eligible to receive a salary. You must be aware that even during curfews, individuals employed under "essential services" have to attend their duties (else there will be no water, electricity, buses, trains, law & order, etc.). Other employees should proceed to their workplace alone (not in a crowd) along with their identity cards.

It is quite possible that, in spite of best efforts, an employee is not able to reach their office; in which case, they should inform the employer (by phone or otherwise) of their inability to attend and then SEEK LEAVE FOR THE DAY.

Just because there is a curfew or some such incident, AN EMPLOYEE IS NOT AUTOMATICALLY ENTITLED TO A PAID LEAVE.

During elections, in Public Sector Undertakings, employees are granted leave (a perquisite for working in PSU), whereas in the private sector, employees should be given a few hours off to cast their votes.

THAT'S IT, FRIENDS. Please don't go into the merits of arguments that as the employee tried their best to come to the office but could not, and it is not his fault so he should get full pay, etc. For example, even during the marriage of a relative, an employee may try their best to go to the office, but his relatives (and the work involved) may not allow him to go to the office, which does not entitle him to a day's salary because it was not his fault. Let us be OBJECTIVE in our evaluation of situations.

I hope you will find this useful in understanding the issue and making your decision.

Regards,

Raj Kumar Hansdah

Actually, the law states "no work, no pay," and that is correct; one has to accept it. It's entirely up to management how they deal with their employees. If they are sensitive enough and respect their employees, then they will pay the salary. However, if they are very strict, then they won't pay. As employees, we can only try to convince them, but it is ultimately the management's decision. Whatever the decision, one should not lose patience, good behavior, or effort for the job.

Actually, the law says "no work, no pay," which is correct and has to be accepted. It's totally a management's responsibility to decide how they will deal with their employees. If they are sensitive enough and respect their employees, then they will pay the salary. However, if they are very strict, then they won't pay. As an employee, we can only try to convince them, but the final decision lies with the management. Regardless of the decision, one should not lose patience, exhibit poor behavior, or reduce effort in the job.

Regards,
Geeta

Hi,

One thing is not clear - whether the factory was working on those days or not. If the factory was running, your salary will be deducted accordingly. Yes, you can request or talk to management not to deduct the salary.

Hi Dr,

The management cannot deduct the salary of the employee as he is not in default. The action taken by the management is wrong. The employer is bound to pay the salary for the days lost due to curfew because the employee has never refused to take his job.

Hi,

The company should provide you with paid leave, as this has happened to us in the past when we could not go to the office because of the riots. Therefore, talk to the management, and they will probably make a positive decision.

Sorry for the late reply.

There is no salary deduction for those who did not come to work during civilian disturbances. If your company is going to deduct salary, you can contact the labor court and file a case on this issue because it is a violation of human rights.

Regards, AnniAlways

In my view, if there is any leave balance left, then the leave can be adjusted after providing a circular. But in this case, as some employees were present, the company has to deduct the salary, right?

Sir,

The two questions arise:
(i) Why should the management suffer?
(ii) Why should you suffer?

The reason for absence is very clear; it was out of the control of both parties. Now, are you in a position to fight with the management or can you arrange something from the government so that your said absence is treated as on duty? I think it is not feasible. Therefore, negotiation with the management is the only way, as it is evident why the management should suffer.

Amarjit Arora

Subject: Notice of Deduction of Salary for Extended Absence

Dear Team,

I hope this message finds you well. It has come to our attention that some staff members have been absent from work beyond their allocated annual leave entitlement. As you are aware, regular attendance is crucial to the success of our organization, and prolonged absence can disrupt workflow and impact overall productivity.

In line with our company policy, I would like to inform you that due to the extended absence beyond approved leave, deductions will be made from the salary for the month of January 2010. This deduction reflects the days that have been taken as unauthorized leave beyond the annual entitlement.

We understand that unforeseen circumstances may arise that necessitate time off work, and we always encourage open communication regarding such matters. However, it is essential to adhere to the company's policies and procedures regarding leave and attendance.

If you have any concerns or require further clarification regarding your absence or the deduction process, please do not hesitate to reach out to the HR department. We are here to support you and address any issues you may have.

Thank you for your attention to this matter. Your cooperation and understanding are greatly appreciated as we strive to maintain a productive work environment for all.

Best regards
[Your Position]
[Company Name]

Hii..
Find below one of the sample format of the same..

Warning Letter in case of absence without information

Date: ____________

To
Mr.
Designation:.

Sub. – Warning Letter

Mr.

It has been observed that you have proceeded on leave from ________ to __________ but still after completion of your leave period you have not reported to the duty, resulting in willful insubordination and gross negligence of duties, in your capacity as Designation.

Absenting yourself from duties without prior intimation is a misconduct for which you are making yourself liable for necessary action.

You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action leading to deduction os salary for the absent days.

You are further advised to submit a written explanation on your unauthorized leave as soon as you receive this letter or as soon as you resume duties.

Kindly treat this as very urgent.

For Company Name

Name:
Authorized Signatory,

I hope it will work with you..

Regards,
Amit Seth.