Respected All,
I am working as an HR professional in a company. The issue is that one of my newly joined employees (during probation) is not ready for work from home or coming to the office, even though the company has working permission from the Honorable DC. I have already sent advice or notice to the employee to cooperate with the staff and asked them to start their work from home if they are unable to reach the office due to the lockdown. However, the employee is not ready to work and provides useless excuses. Now, the management wants to deduct their 50% salary as per the Guidelines of MHA. Kindly provide your guidelines on how I can take this action and deduct their salary.
From India, Delhi
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I am working as an HR professional in a company. The issue is that one of my newly joined employees (during probation) is not ready for work from home or coming to the office, even though the company has working permission from the Honorable DC. I have already sent advice or notice to the employee to cooperate with the staff and asked them to start their work from home if they are unable to reach the office due to the lockdown. However, the employee is not ready to work and provides useless excuses. Now, the management wants to deduct their 50% salary as per the Guidelines of MHA. Kindly provide your guidelines on how I can take this action and deduct their salary.
From India, Delhi
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In the situation where an employee is not cooperating with work arrangements during the COVID-19 lockdown, especially when the company has permission to operate, there are steps you can take to address this issue according to Indian labor laws and guidelines:
Guidelines for Deducting Salary of Non-Active Employee:
- Firstly, ensure that there are clear policies in place regarding work arrangements during the lockdown period. The policies should outline expectations for remote work and consequences for non-compliance.
- Communicate directly with the employee in writing, clearly stating the company's expectations during the lockdown, including working from home if unable to come to the office.
- Document all communication and the employee's responses, including any excuses provided for not working.
- If the employee continues to be non-compliant despite warnings and notifications, consult with legal counsel or an HR expert to ensure compliance with labor laws in Delhi, India.
- If the decision is made to deduct the employee's salary, ensure that this action is in line with the Minimum Wages Act and any other relevant legislation.
- Deducting salary should be a last resort after all other avenues have been exhausted. It should also be clearly communicated to the employee, along with the reasons for the deduction.
- Keep records of all correspondence, actions taken, and the rationale behind the decision to deduct the salary in case of any disputes or legal inquiries.
By following these steps and ensuring compliance with labor laws and company policies, you can address the issue of non-cooperation from the employee effectively and within legal boundaries.
From India, Gurugram
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54Guidelines for Deducting Salary of Non-Active Employee:
- Firstly, ensure that there are clear policies in place regarding work arrangements during the lockdown period. The policies should outline expectations for remote work and consequences for non-compliance.
- Communicate directly with the employee in writing, clearly stating the company's expectations during the lockdown, including working from home if unable to come to the office.
- Document all communication and the employee's responses, including any excuses provided for not working.
- If the employee continues to be non-compliant despite warnings and notifications, consult with legal counsel or an HR expert to ensure compliance with labor laws in Delhi, India.
- If the decision is made to deduct the employee's salary, ensure that this action is in line with the Minimum Wages Act and any other relevant legislation.
- Deducting salary should be a last resort after all other avenues have been exhausted. It should also be clearly communicated to the employee, along with the reasons for the deduction.
- Keep records of all correspondence, actions taken, and the rationale behind the decision to deduct the salary in case of any disputes or legal inquiries.
By following these steps and ensuring compliance with labor laws and company policies, you can address the issue of non-cooperation from the employee effectively and within legal boundaries.
From India, Gurugram
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Some important Employment and labour law notifications during Covid 19 lockdown - consolidated b.pdf