Mr. Madhu's opinion is based on his concept that when an employee is on leave without pay, there is no employee-employer relationship. If on a day of such leave the employee manhandles a superior officer outside the premises of the establishment on an issue that happened earlier at the workplace involving both, can he escape disciplinary action on the plea that there was no master and servant relationship on that day and the employer cannot take action, even though the standing orders cover such misconducts?
Varghese Mathew
From India, Thiruvananthapuram
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972Varghese Mathew
From India, Thiruvananthapuram
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I endorse the views expressed by Umakanthan and Varghese. I do not believe that on days the employee remained on leave without pay, there will be no employee-employer relationship. In continuous service, the basic theory is that the employee-employer relationship will continue until such a relationship is terminated. This is true in the case of employees on regular rolls, though in the case of casual employees, the relationship exists only on the days the employee is hired or engaged for work.
The argument is all about whether the reimbursement is part of salary or benefits. I still doubt, in the present scenario, these reimbursements are part of salary only and are taken as reimbursements for tax benefits because nowadays the total CTC is the amount offered to an employee in return for the work extracted from him. While designing the said remuneration, we will take a part of it as salary and a part as reimbursements, which will not attract tax. If so, why don't we deduct the claim pro rata if the employee has not worked for the entire days in the month, just like his salary is reduced proportionately to the days worked?
Madhu.T.K
From India, Kannur
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The argument is all about whether the reimbursement is part of salary or benefits. I still doubt, in the present scenario, these reimbursements are part of salary only and are taken as reimbursements for tax benefits because nowadays the total CTC is the amount offered to an employee in return for the work extracted from him. While designing the said remuneration, we will take a part of it as salary and a part as reimbursements, which will not attract tax. If so, why don't we deduct the claim pro rata if the employee has not worked for the entire days in the month, just like his salary is reduced proportionately to the days worked?
Madhu.T.K
From India, Kannur
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Yes the reimbursement will calculate as per your paid days. If you are being paid for 25 day in June the your all reimbursement will pay for 25 days.
From India, Pilani
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From India, Pilani
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SALARY CAN BE SPLIT INTO COMPONENTS BUT NOT LESS THAN THE MINIMUM WAGES.docx