Hi
I want to know if a employee is taking a unplanned leave, and employer is deducting the salary for particulate (Absent) day. and also deducting one earned leave as a penalty is this justified ? can employee complain to labor inspector?
Please suggest.
Regards
Ghanshyam Singh Chauhan.
From India
1I want to know if a employee is taking a unplanned leave, and employer is deducting the salary for particulate (Absent) day. and also deducting one earned leave as a penalty is this justified ? can employee complain to labor inspector?
Please suggest.
Regards
Ghanshyam Singh Chauhan.
From India
An employee does not earn salary for the day he or she remained absent. There is no deduction but the employee does not earn salary
Deducting one day leave from an employees account as a penal action requires an enquiry and he punishment must be as provided in the rules applicable to the set of employees. For example, deduction of leave is not considered as one of the punishments in Model Standing Orders applicable to workmen.
From India, Chennai
Deducting one day leave from an employees account as a penal action requires an enquiry and he punishment must be as provided in the rules applicable to the set of employees. For example, deduction of leave is not considered as one of the punishments in Model Standing Orders applicable to workmen.
From India, Chennai
such lethal policies are not healthy to organisation growth. You can initiate some disciplinary proceedings for the unauthorised leave but not fine system like the one proposed by you. The school like system for imposing fine will not serve the intended purpose but will send wrong signals among employees.
pon
From India, Lucknow
pon
From India, Lucknow
Well, this is the question for the leave policy. Companies have their own leave policies and that are circulated to all the employees and if a company have such leave policy then they are following the same. If a group of employees have objection and find it unsuitable then you can discuss with HR to check if there any change or update is possible in the leave policy.
From India, Lucknow
From India, Lucknow
Dear Couvery
I am surprised and shocked at your comment. A company may have its own policies; but they should be better than those prescribed by law.
No company can have such policies which are illegal or exploitative.
Any policy has to be fair and they can not override the provisions of Law and natural justice.
For example; Can your company have a leave policy, which is so unreasonable; that it may ask that 3 days of salary shall be deducted for every day of absence ?? Only a mafia company can have such DRACONIAN policies. A company can not make policies at random or autocratic or anything that suits them.
From India, Delhi
I am surprised and shocked at your comment. A company may have its own policies; but they should be better than those prescribed by law.
No company can have such policies which are illegal or exploitative.
Any policy has to be fair and they can not override the provisions of Law and natural justice.
For example; Can your company have a leave policy, which is so unreasonable; that it may ask that 3 days of salary shall be deducted for every day of absence ?? Only a mafia company can have such DRACONIAN policies. A company can not make policies at random or autocratic or anything that suits them.
From India, Delhi
Thanks for all the people responded to my query and specially to Raj Kumar Hansdah.
I I am surprised to to know how this is justify to deduct the Salary and Earned leave as well, this can not be under any leave policy made by Govt.
In My company If employee is absent for one day deductions are below :
one days salary
one earn leave
Half Month Night allowance.
If 2 unplanned leave
All above and but the full month (30) days night allowance deducted.
I don't this deducting night allowance of 30 days as penalty of 2 absent is justified but the bad part is even if it is informed that leave is needed they will not approve and mark as unplanned leave.
From India
I I am surprised to to know how this is justify to deduct the Salary and Earned leave as well, this can not be under any leave policy made by Govt.
In My company If employee is absent for one day deductions are below :
one days salary
one earn leave
Half Month Night allowance.
If 2 unplanned leave
All above and but the full month (30) days night allowance deducted.
I don't this deducting night allowance of 30 days as penalty of 2 absent is justified but the bad part is even if it is informed that leave is needed they will not approve and mark as unplanned leave.
From India
Dear Singh,
What your company is doing is illegal.
Any complain (even an anonymous complain) to the inspector under payment of wages act or the factory inspector will get the company into trouble.
It sounds like you are working in a factory. In that case, this can be raised as an Industrial Dispute by the Union or even by an individual worker to the grievance committee. I am surprised your union has kept quiet on such a rule.
If the company does want to implement such a penalty, it should be not as a deduction of salary but way of an incentive for better attendance. Further, the system of approval for leave must be clearly laid out and communicated to all.
From India, Mumbai
What your company is doing is illegal.
Any complain (even an anonymous complain) to the inspector under payment of wages act or the factory inspector will get the company into trouble.
It sounds like you are working in a factory. In that case, this can be raised as an Industrial Dispute by the Union or even by an individual worker to the grievance committee. I am surprised your union has kept quiet on such a rule.
If the company does want to implement such a penalty, it should be not as a deduction of salary but way of an incentive for better attendance. Further, the system of approval for leave must be clearly laid out and communicated to all.
From India, Mumbai
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