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 a leave the employee manhandle a superior officer outside the premises of the establishment on an issue happened earlier at workplace involving both,can he escape disciplinary action on the plea that there was no master and servant relationship on that day and employer cannot take action,though the standing orders covers such misconducts.?
Varghese Mathew
From India, Thiruvananthapuram
912If on a day of such a leave the employee manhandle a superior officer outside the premises of the establishment on an issue happened earlier at workplace involving both,can he escape disciplinary action on the plea that there was no master and servant relationship on that day and employer cannot take action,though the standing orders covers such misconducts.?
Varghese Mathew
From India, Thiruvananthapuram
I endorse the views expressed by Umakanthan and Varghese. I do not believe that on days the employee remained leave without pay there will be no employee employer relationship. In a continuous service the basic theory is that the employee employee relationship will continue till such 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 now a days the total CTC is the amount offered to an employee in return for the work extracted from him and 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 prorate 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
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 now a days the total CTC is the amount offered to an employee in return for the work extracted from him and 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 prorate 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
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
From India, Pilani
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SALARY CAN BE SPLIT INTO COMPONENTS BUT NOT LESS THAN THE MINIMUM WAGES.docx