Management wants to establish a policy stating that any worker not physically present at their workstation or not producing as per norms will not be paid for the period they are deemed idle. Basically, punch time for the shift and wage calculation are to be taken as per the workers' physical presence on the machines. The company is planning to put a biometric system on workstations and calculate wages then.
From India
From India
It is legal subject to some conditions. First, you should assure a time based minimum wages. It should be paid even if the worker remains idle due to non availability of materials or power. Second, the wages should be linked to production or piece rate as provided in the minimum wages notification. If not provided, then you should give a base wage and then a piece rate based on production. But you cannot just make it zero if the worker who is available for work is not given any work due to non availability of materials or power.
From India, Kannur
4219From India, Kannur
Other than what Mr. Madhu T K has been explained , there is need for Nature call time. It is better to introduce production incentive scheme based on productivity linked with rejection and safety norms for proper control the situation.
S K Bandyopadhyay ( WB, Howrah )
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
From India, New Delhi
S K Bandyopadhyay ( WB, Howrah )
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
From India, New Delhi
Hi few inputs
>Salary be paid to EE base on his presence in office or premise or leaves as per policy.
>EE should get salary and benefits as per MW standards of local state laws
>Wage is different from incentives.
>Employer should have a policy to determine work hours or incentives, provided incentives not mandatory, but Wages are mandatory to be paid as per state laws
>There are separate provisions in law to differentiate for no work or shortage of productions or materials or absence from duty etc. and should not measure it with physical presence of EE in work premise
From India, Bangalore
>Salary be paid to EE base on his presence in office or premise or leaves as per policy.
>EE should get salary and benefits as per MW standards of local state laws
>Wage is different from incentives.
>Employer should have a policy to determine work hours or incentives, provided incentives not mandatory, but Wages are mandatory to be paid as per state laws
>There are separate provisions in law to differentiate for no work or shortage of productions or materials or absence from duty etc. and should not measure it with physical presence of EE in work premise
From India, Bangalore
As per payment of wages act, sec 9(2)(b), deduction is allowed for absence from place of work.
This refers to time when the worker has signed in / punched in but is not working.
The original section provides protection in case of a tool-down type of a strike.
But it can be used for this.
On the other hand, factory act Sec103. says : If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory.
So once the worker enters the factory, he is deemed to be working.
But there is a provision for showing he was not working...
There are factories I have visited where they have 2 sets of punch in machines. One at factory gate and one at work-floor. The attendance is computed and overtime given based on the records of the person being on the work-floor, not having just come into the factory. This they say is because the buses bringing the workers often come early and workers also come early because they provide free food (breakfast, lunch, dinner) before shift start to those who are present. But they also have allowance for breaks and standard additional allowance to allow the worker to leave the shop floor for going to the washroom, etc.
If you want to follow such a rule, you should have an agreement with the union, specifying that you will count attendance in the shop floor, give adequate allowance and also modify the standing orders. Please note the standing orders need approval from Labour Commissioner, so naturally unless the terms are fair, you will not be able to get it passed.
In spite of the above, please remember that you will have to pay the worker minimum wages as long as he is in the factory, even if he worked less than the specified time.
This is a major change management and has legal implications at many points. therefore, take the steps carefully
From India, Mumbai
This refers to time when the worker has signed in / punched in but is not working.
The original section provides protection in case of a tool-down type of a strike.
But it can be used for this.
On the other hand, factory act Sec103. says : If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory.
So once the worker enters the factory, he is deemed to be working.
But there is a provision for showing he was not working...
There are factories I have visited where they have 2 sets of punch in machines. One at factory gate and one at work-floor. The attendance is computed and overtime given based on the records of the person being on the work-floor, not having just come into the factory. This they say is because the buses bringing the workers often come early and workers also come early because they provide free food (breakfast, lunch, dinner) before shift start to those who are present. But they also have allowance for breaks and standard additional allowance to allow the worker to leave the shop floor for going to the washroom, etc.
If you want to follow such a rule, you should have an agreement with the union, specifying that you will count attendance in the shop floor, give adequate allowance and also modify the standing orders. Please note the standing orders need approval from Labour Commissioner, so naturally unless the terms are fair, you will not be able to get it passed.
In spite of the above, please remember that you will have to pay the worker minimum wages as long as he is in the factory, even if he worked less than the specified time.
This is a major change management and has legal implications at many points. therefore, take the steps carefully
From India, Mumbai
Establishing a policy regarding attendance and wage calculation based on physical presence <a href="https://101games.io">101 games</a> can help improve productivity and accountability in the workplace.
From United States, Wilmington
From United States, Wilmington
To my understanding, the measure proposed is punitive in nature. And it could be invoked only in exceptional circumstances.
From India, Kochi
From India, Kochi
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