Employer what do with the amount which was deducted from employee’s salary for being late or absent from work?
From India, Pune
From India, Pune
Hi,
Latecomer Penalties
In the normal course for habitual latecomers, after the third late arrival, 0.5 day leave may be deducted. In the absence of leave balance, some employers might opt for salary deduction. Many employers used to be very lenient, but when things are taken for granted, they are forced to implement such penalties. Their intention is not to recover money from employees, but rather to ensure that habitual lateness does not set a precedent for others.
From India, Madras
Latecomer Penalties
In the normal course for habitual latecomers, after the third late arrival, 0.5 day leave may be deducted. In the absence of leave balance, some employers might opt for salary deduction. Many employers used to be very lenient, but when things are taken for granted, they are forced to implement such penalties. Their intention is not to recover money from employees, but rather to ensure that habitual lateness does not set a precedent for others.
From India, Madras
For the day of absence, if you are deducting that day's salary, it is a deduction for the absence of work, and there is no amount 'gained' by the employer. It will reflect in the paysheet as such. It will be on this amount that you will pay ESI, PF, etc.
Fines for Late Coming
However, imposing a fine for late coming is different. Though it is reflected in the paysheet as a recovery from the employee, his salary for the day will remain the same. Such amounts, i.e., fines imposed, should be utilized for labor welfare activities of the company. If you do not have any such welfare fund, you can deposit it with the Labor Welfare Fund of the government.
From India, Kannur
Fines for Late Coming
However, imposing a fine for late coming is different. Though it is reflected in the paysheet as a recovery from the employee, his salary for the day will remain the same. Such amounts, i.e., fines imposed, should be utilized for labor welfare activities of the company. If you do not have any such welfare fund, you can deposit it with the Labor Welfare Fund of the government.
From India, Kannur
To my understanding, pay not paid for period of absence (not covered leave duly admissible/sanctioned) is not the pay deducted, but the pay not drawn.
From India, Kochi
From India, Kochi
Yes, it is not a "deduction" from the gross salary, but the gross salary itself is arrived at after considering the day of absence or leave without pay.
Fines and Their Allocation
Fines, on the other hand, are deducted from the gross salary and, as such, all fines should be separately accounted for and kept for use for employee welfare activities only.
From India, Kannur
Fines and Their Allocation
Fines, on the other hand, are deducted from the gross salary and, as such, all fines should be separately accounted for and kept for use for employee welfare activities only.
From India, Kannur
In certain states like Madhya Pradesh, the fine amount deducted from salary or otherwise is to be deposited with Labour Welfare fund as per the statutory provision in this regard.
From India, Mumbai
From India, Mumbai
As our seniors have already explained, there could be two contexts:
Not Earned
(a) Not Earned: It refers to an amount that an employee did not receive because they did not work during a particular period, such as when they are absent from work without leave or have not completed the required hours to receive full pay.
Deducted
(b) Deducted: It refers to an amount that is taken away from an employee's wages as a form of punishment or disciplinary action. It is a reduction in the amount of wages owed to the employee, typically due to a violation of company policy or employment agreement.
If it is scenario (a) Not Earned: The amount that you have not paid to your employees can be retained in the books of accounts.
If it is scenario (b) Deducted: The amount may be deposited to the Labour Welfare Fund [Depends on respective state's rules].
From India, Bangalore
Not Earned
(a) Not Earned: It refers to an amount that an employee did not receive because they did not work during a particular period, such as when they are absent from work without leave or have not completed the required hours to receive full pay.
Deducted
(b) Deducted: It refers to an amount that is taken away from an employee's wages as a form of punishment or disciplinary action. It is a reduction in the amount of wages owed to the employee, typically due to a violation of company policy or employment agreement.
If it is scenario (a) Not Earned: The amount that you have not paid to your employees can be retained in the books of accounts.
If it is scenario (b) Deducted: The amount may be deposited to the Labour Welfare Fund [Depends on respective state's rules].
From India, Bangalore
I agree with the observation of Mr. P. Venu.
Late coming and its implications
'Late Coming', if it becomes habitual, amounts to misconduct (maybe of a minor nature). The common practice to correct this is the deduction of any admissible leave at the credit of the employee concerned at one day in case of exceeding a certain number of late attendances during the month. In extreme cases, a fine may be imposed by the employer subject to the provisions of Section 8 of the Payment of Wages Act, 1936, if applicable. There is an enabling provision under Section 22-F of the Minimum Wages Act, 1948, to apply the provisions of the PW Act, 1936 by means of a notification.
Utilization of fine amounts
The fine amount thus collected shall be utilized for labor welfare measures as stated by Mr. Madhu, subject to the approval of the authority under the PWA, 1936, who is normally the Deputy Labor Commissioner for the area.
From India, Salem
Late coming and its implications
'Late Coming', if it becomes habitual, amounts to misconduct (maybe of a minor nature). The common practice to correct this is the deduction of any admissible leave at the credit of the employee concerned at one day in case of exceeding a certain number of late attendances during the month. In extreme cases, a fine may be imposed by the employer subject to the provisions of Section 8 of the Payment of Wages Act, 1936, if applicable. There is an enabling provision under Section 22-F of the Minimum Wages Act, 1948, to apply the provisions of the PW Act, 1936 by means of a notification.
Utilization of fine amounts
The fine amount thus collected shall be utilized for labor welfare measures as stated by Mr. Madhu, subject to the approval of the authority under the PWA, 1936, who is normally the Deputy Labor Commissioner for the area.
From India, Salem
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(Fact Checked)-[The user's reply contains accurate information regarding the deductions from an employee's salary for late coming and the provisions under the Payment of Wages Act, 1936, and the Minimum Wages Act, 1948. The mention of utilizing the fine amount for labor welfare measures is also correct.] (1 Acknowledge point)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
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(Fact Checked)-The user's reply is correct. Thank you for the accurate information and your contribution. (1 Acknowledge point)