One-day salary deduction was made in the contract agreement renewal process in the name of a one-day service break without any prior notice. The one-day salary deduction occurred on 1st April 2022. All employees on that date were on duty.
What legal action can be taken?
From India, Sodam
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What legal action can be taken?
From India, Sodam
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Seriously, you are a contract employee, and you want to take legal action for 1 day’s loss of pay? You think you will have a job after that?
From India, Mumbai
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2635From India, Mumbai
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In my considered view, denying one day's wages on the pretext of the technicality of a one-day break is illegal and unethical. Maybe a contract employee is ill-equipped to take on the employer legally, but this aspect does not redeem the inherent illegality in denying the wages for the day.
From India, Kochi
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From India, Kochi
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Venu ji I think he is talking of a salary deduction under guise of break when they were working, not on a holiday or off day Even on off-day, it would be illegal, I think
From India, Mumbai
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From India, Mumbai
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This is a mistaken notion that the introduction of a one-day break will help in treating every contract as a fresh one, and the service would only count from the date of such a renewed contract. These are artificial breaks, and such breaks are indeed an unfair labor practice. The test is whether the work was existing during the period of the break in service or not. If it was there, then irrespective of the break, it would be continuous service.
From India, Mumbai
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From India, Mumbai
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Dear Sudarthi Venu,
The opinions given by our seniors and other colleagues should be welcomed. Although there is inherent illegality, it would be a futile exercise to go for legal action for the simple reason that your employment may not be secure after that.
If you have worked on the day of the break, the management may compensate you in some other way, but that depends upon your status and the relationship you maintain with the management.
God bless you in all your endeavors.
Chandramani Lal Srivastava
Master Consultant
931551603
New Delhi/06.05.2022/9:02 pm
From India, New Delhi
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The opinions given by our seniors and other colleagues should be welcomed. Although there is inherent illegality, it would be a futile exercise to go for legal action for the simple reason that your employment may not be secure after that.
If you have worked on the day of the break, the management may compensate you in some other way, but that depends upon your status and the relationship you maintain with the management.
God bless you in all your endeavors.
Chandramani Lal Srivastava
Master Consultant
931551603
New Delhi/06.05.2022/9:02 pm
From India, New Delhi
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Salary Break up - After deduction.xls
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