Employer
Pravin Narsale
(Querist) 09 April 2016
This query is : Resolved
Dear Sir/Madam,
My name is Pravin. I am from Mumbai.
I am working in one of mnc in Mumbai since 2 and half years.
The company has deducted my half month salary of March,2016 as a LOP towards late coming.
The company has implemented a stupid policy, the employee who is coming late are exempted first 3days and then after FULL DAY LOP for every day late coming.
So in short if employee is reporting late to office say 30days. As per policy the employee will get only 3days salary and
rest all days will go under LOP.
How the employee can survive if employer deduct the half month salary for just 10-15 minutes delay and that too without employee's consent.
Can you please advise legal step against employer. What to do when employer taking taking the employee for granted.
Please advise.
Kumar Doab
(Expert) 09 April 2016
You have not mentioned that:
What is this establishment:Commercial/Industrial............What is its line of business?
Whats is your designation and nature of duties?
If employee is late then what is the work hours clocked? Do you work extra say = late time e.g. 30 minutes?
P. Venu 
(Expert) 10 April 2016
You do not have any right report late for date. Try to abide by time.
Rajendra K Goyal
(Expert) 10 April 2016
Discipline in any organisation is prime for survival.
Late arrival of staff can never be appreciated.
Try to come in time in the office or you can switch over to organisation which does not mind late arrival of staff.
Kumar Doab
(Expert) 10 April 2016
The author has not posted the reply to the points raised.
The employee should be on time.However employer rather HR, payroll is apparently also severe and harsh beyond reasonable limits.
Why does it allow to work to a late comer thus extract work but does not pay wages @ per hour?
Pravin Narsale
(Querist) 10 April 2016
Dear All expert,
Firstly i would like to thank you all for your prompt response.
Kindly find below complete details;
Employer details;
EMPLOYER PROFILE: IT Software development (INFORMATION TECHNOLOGY)
Industry type: Service Industry
Established year: 2006
Employee Details;
Name: Pravin Narsale
Designation: Senior Executive- Travel and Administration
Duties: End to end Travel arrangement like air ticket booking, hotel booking, car rental booking etc. And administrative related work.
Respected Expert,
Yes, i do agree with you. I accept that it was my mistake that i failed to report office on time.
I worked 24x7. Also i sit extra hours work as and when situation demanded. There was no Overtime Allowance or Incentives given to me.
We have off on weekend, Saturday and Sunday. Still in emergency situation, i worked on weekend, Saturday and Sunday. No extra benefit i am getting after working extra hours.
The total 14days i came late in the month of March,2016. They marked me FULL day LOP for these 14days late coming. It was just 10-15 minutes late and not more. Also my leaves are balanced which is getting waste every year. In previous year i lost 11days leaves because they didn't carry forward next year or not even provided cash benefit against balanced leave. Here they have deducted 14days late coming days as a FULL day LOP. So in total they paid me 14days less salary. In fact, not even adjusted against my balance leave.
I just wanted to know onething from you expert. Is there any law which states that 1day late coming is 1day LOP. So "14days late = 14days LOP".
My concern is employer has made a policy in such a way that only employer will have benefit and no benefits goes to employee.
My simple question is from where will i recover my loss. I mean there should be Overtime allowance or Incentives or any other benefit from where employee can recover their losses.
I agree company can deduct my salary if i am coming late but that should be lawful and ethical. I simply don't understand this calculation. I don't mind if company remove me out of job as a disciplinary action.
On other hand, company is running huge losses since January,2016. And officially we all employee were informed through formal email.
I think this is not the right way of cost cutting out of employee's salary. Since January,2016 every month they are deducting money from employee's salary. In the month of Jan,2016 and Feb,2016 was tiny amount hence i ignored but in the month of March,2016 it was half of my monthly salary. Hence i have raised my voice.
There are also other employees like me who's salary got deducted.
Employer has paid me half month salary whereas I worked for FULL month and which is not justified at all. How will i survive with family if they deduct half month salary and that too without my consent.
They simply can ask us to leave the company, if they don't have fund to release employees salary. But they cannot pay less salary to their employee.
They have cheated me and all other my office colleague by deducting a salary. This is a kind of cost cutting through employee's salary.
Please advise if there is any legal action can be taken against the employer.
Kumar Doab
(Expert) 10 April 2016
If the company is in loss and is communicating t by emails then firm up your next venture ASAP.
Even half day salary cut for 15 minutes late coming would be excessive.
You are entitled to OT @ double wages for extra hours, holidays, and compensatory off.
In Mumbai/Maharashtra the employee's/trade unions have traditionally been strong.
The 10-15 minutes is the grace time, so there should be no deduction.Moreover, You have compensated with extra hours.Generate evidence of everything that you have posted. It shall protect you, in future.
You may have to prove that you were asked to work extra hours and on off days/holidays.
If company wanted to introduce a policy for late coming/LOP of full day a notice u/s 9(A) of ID Act should have been displayed on notice boards at prominent places 21 days prior to implementing such change in service condition.
Bombay shops & Estbs Act is so employee friendly.
You may approach the unions for support and and an able Labor Law Consultant for consultation, and under their expert advise may approach:
Inspector appointed under:
Bombay shops & Estbs Act
Payment of Wages Act (If your wages were upto Rs.18000/pm as per def. of wages in the Payment of Wages Act. Study the Act carefully and you can find that there is no legal provision allowing deduction for late arrival.It amounts to illegal deduction.)
O/o Labor commissioner
and demand salary slip of each month (showing deductions, PF a/c slip of each year, ESIC card etc.............
In future don't give such a long rope to such unscrupulous employers.
You may show the following to your peers, colleagues, counsels..............
>>> Payment of Wages Act. 1936.
9. Deductions for absence from duty.-(1) Deductions may be made under clause (b) of sub-section (2) of section 7 only on account of the absence of an employed person from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work.
(2) The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made a larger proportion than the period for which he was absent bears to the total period, within such wage- period, during which by the terms of his employment, he was required to work:
Provided that, subject to any rules made in this behalf by the State Government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may be any such terms be due to the employer in lieu of due notice.
1*[Explanation.--For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work.]
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946
4. Publication of working time
8. Attendance and late coming.
14. Disciplinary action for misconduct.--(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:
Note.--Specify the acts and omissions which the employer may notify with the previous approval of the ......................Government or of the prescribed authority in pursuance of section 8 of the Payment of Wages Act, 1936.
(3) The following acts and omissions shall be treated as misconduct.
(f) habitual late attendance
17. Liability of 17[employer].--The 19[employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
Pravin Narsale
(Querist) 17 April 2016
Dear Sir,
Thank you so much for your kind help.
Kumar Doab
(Expert) 18 April 2016
Unite, consult,be properly informed, use the information and defend your interest.
Arrive at workplace in time and close in time.
