Anonymous
35

Dear Knowledgeable Members,
I work in a reputed Private security agency as a security officer at a Global company in Bengaluru City. Handling nearly 500 team members. Recently due to manpower issues, which were already informed to Security Agency management through Meeting and Mail regarding these issues. Moreover, to fill up man power, we ourselves are sourcing manpower to the company as per Operation Manager request. But, Now the Branch manager has accused my team members of not handling properly and handed over warning letters to me and Colleagues and deducted 10 percent salary from past two months . Due to this tactic which I believe is unfair, I have shifted to a different branch. My question is, Is the policy of the management correct? If so , what is the procedure or law being done as per Labor Law..?? Need your help in this regard...and for other members like me.

From India, Bangalore
Dinesh Divekar
7883

Dear 123punchbala123,
You have dropped few hints about the security company in which you work. It gives fair idea about the company you are talking about.
Before imposing penalty or wage deduction, you company should have ordered domestic enquiry. The circumstances under which the decision was taken should have been verified. If the enquiry was not conducted then your company has faulted on this count.
I recommend you putting up application to the Head HR or any other appropriate authority to review the decision. If the review was not in your favour then you may put up the application to MD of your company.
By the way, the person who imposed punishment of the salary deduction, is he ex-defence officer? I ask this question because that company is absolutely dominated by ex-defence officers.
Thanks,
Dinesh Divekar

From India, Bangalore
psdhingra
387

Dear Punchbala,
Help can be expected by sharing information & facts appropriately, which seem to be missing in description of problem. For example you have not provided some vital facts in your description, i.e., (1) whether your offer/appointment order specifies that you would be responsible for providing manpower for security purposes; (2) whether operation manager's request to source manpower is in writing or verbal; (3) what yours or your colleagues' fault has been shown in the warning letter; and (4) whether reason of not sourcing has been quoted in writing for 10% deduction of your salary?
Would you please like to share such information for suggesting you at some appropriate solution?

From India, Delhi
saswatabanerjee
2392

I am unclear on the points.
What is your designation and function.
Global company means MNC ? Or is it the name of the company employing you...
Operations manager of the client or your office
Branch manager of client or your office ?
You were shifted to another branch ? Another city ?
Plus ofcourse the questions that was asked by mr. Rao.

From India, Mumbai
123punchbala123
35

Dear Knowledgeable Members,
I am not able to give my company name, But it is an MNC, as per Confidential Clause I might be liable for prosecution . Moreover, adding to the details , already there is shortage of manpower , and there are no week off relievers right from day one in the company which we were deployed . I was also not given any warning letter, mail etc. that my salary would be deducted. Everything was oral by my superiors. I work as a security officer at present, my team was given task orally of sourcing manpower in addition to handling an assignment which is very big with nearly 7000 employees. My question would be again, is it ethical for the company to resort to such measures , and if so, under what law of labor rules is it applicable?? Can I do something about this..??

From India, Bangalore
nathrao
3131

Prima Facie such deductions are irregular.
Many companies treat outsourced security agencies in this fashion -unilateral deductions.
Now it is up to company concerned to reconcile or take legal action,if they feel deductions are not in order.

From India, Pune
psdhingra
387

Ms Punchbala,
Is it nor surprisig that a company that too an MNC having strngth of 7000 strong manpower works just orally? If as per your statement, "as per Confidential Clause I might be liable for prosecution," you can't do anything even to serve your own interest to file a case in the competent court of law about unlawful reduction of your salry, except to bear with the arbitrary decisions and actions of your superiors. Now it is up to you only to suggest in what way the members can help you when you are reluctant to reveal facts?

From India, Delhi
saswatabanerjee
2392

No one is asking you to reveal your company name.
No one here cares for it.
But the post you have made is unclear on several aspects.
You have not answered my questions nor the ones asked by PS.
If you expecting sympathy, you should be posting somewhere else like FB. Here you should post on what help you need as members here tend towards identifying solutions, both legal and practical. If you don't give the necessary details of the circumstances then you will not get an answer.
Based on what I have seen so far (and note - I still don't understand half of the matter) - yes, the company is correct in penalising you in bad performance that is likely to affect their relation with the client and possible a termination of their business arrangement.

From India, Mumbai
rldhingra
23

Hi dear,
Section 7 of Payment of Wage Act provides for deductions which may be made from wages, shall be made only in accordance with the provisions of this Actlaw
Section 8 provides for imposition of fines -Sec 8(2) provides that notice specifying acts & omissions ,
Sec 8(3) provides that no fine shall be imposed on employedperson until he has been given an opportunity of showing cause against the fine , or other wise ,then in accordance with such procedures as may be prescribed for the imposition of fines
Sec.9 provides for absence from duty,
Section 10 for damages and loss
sec.11 for services rendered
sec 12 recovery of losses
sec.13 for payments to co-operative societies and insurance schemes.
unilateral action cannot be taken by the employer.
it can be challenged before the Authorities provided under the POW Act 1936
RL Dhingra, Advocate,
Labour Law Consultant
09818309937
email:rld_498@rediffmail.com

From India, Delhi
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