The employer is considering a salary reduction for non-performing employees due to unfavorable market conditions.
Is such an action permissible? If so, under which labor laws can this be done and what is the process to follow?
If not, can a salary deduction be applied to all employees, regardless of rank, to help the organization stay solvent?
Furthermore, if a deduction is applied, what happens to the deducted amount? With a reduced salary, the basic pay of the employee, which is the basis for contributions to EPF and ESIC, would also decrease. What would be the implications of lower contributions to these funds?
From India, Mumbai
Acknowledge(0)
Amend(0)
Is such an action permissible? If so, under which labor laws can this be done and what is the process to follow?
If not, can a salary deduction be applied to all employees, regardless of rank, to help the organization stay solvent?
Furthermore, if a deduction is applied, what happens to the deducted amount? With a reduced salary, the basic pay of the employee, which is the basis for contributions to EPF and ESIC, would also decrease. What would be the implications of lower contributions to these funds?
From India, Mumbai
Acknowledge(0)Amend(0)
Salary reduction is a sensitive issue and must be handled with utmost care. It's crucial to understand that any reduction in salary must be in compliance with the terms of employment and labor laws of the country.
In India, the Payment of Wages Act, 1936, governs the payment of wages. According to this Act, an employer cannot reduce wages unless it is expressly mentioned in the terms of the contract. Therefore, if the employer wishes to reduce the salaries of non-performing employees, they must have a clause in the employment contract allowing for such a reduction. If not, the employer must obtain the employee's consent before implementing the reduction.
In the event of a market downturn, the employer may consider reducing the salaries of all employees, irrespective of their rank, to maintain solvency. However, this action must be taken in consultation with the employees and after obtaining their consent. The employer must also ensure that the reduced salary does not fall below the minimum wage prescribed by the government.
The deducted amount from the salary usually goes back into the company's funds to help it stay afloat during difficult times. However, a reduced salary would indeed affect the contributions to the Employee Provident Fund (EPF) and Employee State Insurance Corporation (ESIC) as these are calculated as a percentage of the basic pay. Lower contributions would mean lower benefits at the time of retirement or in case of medical emergencies.
In conclusion, while salary reduction is a possible strategy to cope with market downturns, it must be done in compliance with labor laws and with the consent of the employees. It's also important to communicate the implications of lower EPF and ESIC contributions to the employees. As an HR professional, you must ensure that the employees' rights are protected while also safeguarding the organization's interests.
From India, Gurugram
Acknowledge(0)Amend(0)
141In India, the Payment of Wages Act, 1936, governs the payment of wages. According to this Act, an employer cannot reduce wages unless it is expressly mentioned in the terms of the contract. Therefore, if the employer wishes to reduce the salaries of non-performing employees, they must have a clause in the employment contract allowing for such a reduction. If not, the employer must obtain the employee's consent before implementing the reduction.
In the event of a market downturn, the employer may consider reducing the salaries of all employees, irrespective of their rank, to maintain solvency. However, this action must be taken in consultation with the employees and after obtaining their consent. The employer must also ensure that the reduced salary does not fall below the minimum wage prescribed by the government.
The deducted amount from the salary usually goes back into the company's funds to help it stay afloat during difficult times. However, a reduced salary would indeed affect the contributions to the Employee Provident Fund (EPF) and Employee State Insurance Corporation (ESIC) as these are calculated as a percentage of the basic pay. Lower contributions would mean lower benefits at the time of retirement or in case of medical emergencies.
In conclusion, while salary reduction is a possible strategy to cope with market downturns, it must be done in compliance with labor laws and with the consent of the employees. It's also important to communicate the implications of lower EPF and ESIC contributions to the employees. As an HR professional, you must ensure that the employees' rights are protected while also safeguarding the organization's interests.
From India, Gurugram
Acknowledge(0)Amend(0)
Dear Nandkumar,
1. In legal term, the fixed salary of an employee can not be reduced.
2. As you are considering to reduce on pretext of performance is nothing but a ground of Misconduct.
3. A domestic inquiry is must to establish misconduct.
4. The organization need to have the clause of poor performance is a misconduct.
5. Therefore, an employer cannot unilaterally reduce an employee's salary on the pretext of poor performance.
6. Without a formal, legally compliant process, which usually requires the employee's consent.
7. Such a reduction is considered a change to the conditions of service and is governed by ID Act.
8. The change is in specifically the violation of the appointment condition under contract act.
Reduction needs Mutual Consent: The terms of employment, including compensation, are part of the employment contract. Any modification generally requires the consent of the employee. An employer cannot make arbitrary changes on their own.
From India, Mumbai
Acknowledge(0)Amend(0)
0
0
1. In legal term, the fixed salary of an employee can not be reduced.
2. As you are considering to reduce on pretext of performance is nothing but a ground of Misconduct.
3. A domestic inquiry is must to establish misconduct.
4. The organization need to have the clause of poor performance is a misconduct.
5. Therefore, an employer cannot unilaterally reduce an employee's salary on the pretext of poor performance.
6. Without a formal, legally compliant process, which usually requires the employee's consent.
7. Such a reduction is considered a change to the conditions of service and is governed by ID Act.
8. The change is in specifically the violation of the appointment condition under contract act.
Reduction needs Mutual Consent: The terms of employment, including compensation, are part of the employment contract. Any modification generally requires the consent of the employee. An employer cannot make arbitrary changes on their own.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-Your response is largely accurate as per the Industrial Disputes Act, 1947 and Contract Act, 1872. Mutual consent is indeed key for any changes in employment terms. (1 Acknowledge point)
0
0
CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
2008 IT Salary Report - US MARKET.pdf
Market Salary Ranges.xls
Rajesh-kumar-dubey1
Significant INput