Dear All, I want to confirm that can a company pay salary to employees say by 10th or 15th of every month to avoid cases of employees taking the salary given at early dates and quit the job? Giving salary at a later date than 10th of every month is it legal?
Vaishali
From India, Bengaluru
1Vaishali
From India, Bengaluru
Dear Vaishali,
Please note, as per payment of wages act you can pay salary to the employee on or before 7th of every month. Salary can be paid till 10th if count of employee is more than 1000 employees.
Please note, as per payment of wages act you can pay salary to the employee on or before 7th of every month. Salary can be paid till 10th if count of employee is more than 1000 employees.
You are paying salary to the employees for the work already done by them in the previous month and that is their entitlement and how can you delay the payment beyond 7th or 10th of the succeeding month for the lame excuse that they might quit. Even if they quit, they are not taking any salary in advance. So this practice is not only illegal but unethical.
B.Saikumar
HR & Labour relations Adviser
Navi Mumbai
From India, Mumbai
B.Saikumar
HR & Labour relations Adviser
Navi Mumbai
From India, Mumbai
thanks for the views i just needed to know what is correct as per HR laws our company has been very employee oriented and never delayed any salary beyond 7th and always ethical but lately we have had very terrible experiences of employees leaving taking salary and not serving notice period and taking more than the leaves entitles so obviously we need to think a solution in between beneficial to management and not just employees.
Vaishali
From India, Bengaluru
Vaishali
From India, Bengaluru
As an employer, you have the right of lien over the dues like bonus or unpaid wages or any payments to be made under the contract of service to an employee and can adjust the same against the dues recoverable from him at the time of making F&F settlement.
B.Saikumar
HR & Labour Relations Adviser
Navi Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Relations Adviser
Navi Mumbai
From India, Mumbai
"lately we have had very terrible experiences of employees leaving taking salary and not serving notice period and taking more than the leaves entitles so obviously we need to think a solution in between beneficial to management and not just employees."
If you are employee friendly as claimed such things should not be regular happenings.
Taking more than entitled leaves means system needs to be looked into.If an employee takes more leave than entitled, it should be leave w/o pay and also some further administrative/disciplinary action
What is the kind of job which is done by employee, especially those who leave w/o notice?
You need to analyse this trend and reasons before even thinking of paying after 10th of the succeeding month(which is illegal anyway)
Look inwards to find out reasons.
Labour nowadays is mobile and will move out if they get better offers anyway.
Retaining them is a challenge which needs decent pay, treatment and working conditions.
From India, Pune
If you are employee friendly as claimed such things should not be regular happenings.
Taking more than entitled leaves means system needs to be looked into.If an employee takes more leave than entitled, it should be leave w/o pay and also some further administrative/disciplinary action
What is the kind of job which is done by employee, especially those who leave w/o notice?
You need to analyse this trend and reasons before even thinking of paying after 10th of the succeeding month(which is illegal anyway)
Look inwards to find out reasons.
Labour nowadays is mobile and will move out if they get better offers anyway.
Retaining them is a challenge which needs decent pay, treatment and working conditions.
From India, Pune
well sometimes even with a very friendly environment decent pay employee tend to leave if they have done anything wrong which is affecting company financially we have had experiences where employee has made losses for company and before company could find out smartly took the salary and left company.
Now in such case company lost on 30 days notice period, lost on leaves taken by employee and the financial loss to take.
when it comes to leaves that is why my qts was an employee entitled for 21 days leave and say 2 days per month accumulates the leave for 4 months and wants them together can we just deduct 6 days salary pay for 2 days of the 8 days leave and rest 6 days what we deducted pay them at the end of financial year so in a way we are giving them paid leave but in a different manner.
Vaishali
From India, Bengaluru
Now in such case company lost on 30 days notice period, lost on leaves taken by employee and the financial loss to take.
when it comes to leaves that is why my qts was an employee entitled for 21 days leave and say 2 days per month accumulates the leave for 4 months and wants them together can we just deduct 6 days salary pay for 2 days of the 8 days leave and rest 6 days what we deducted pay them at the end of financial year so in a way we are giving them paid leave but in a different manner.
Vaishali
From India, Bengaluru
As Per Payment Of Wages 1936,
1.The time of payment of wages to any industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day
2. Industrial or other establishment shall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable.
3.In case of Termination,
Provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.
Also Look Into The State Wages Rule.
Thanks & Regards,
From,
sumit kumar saxena
From India, Ghaziabad
1.The time of payment of wages to any industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day
2. Industrial or other establishment shall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable.
3.In case of Termination,
Provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.
Also Look Into The State Wages Rule.
Thanks & Regards,
From,
sumit kumar saxena
From India, Ghaziabad
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