Dear Seniors & All,
Kindly help me in knowing if there is a law allowing salary deductions for 3 late marks. The reason I ask this is that many senior and executive-level employees in my company arrive late for work. The office timing is from 10.00 am to 6.00 pm with a grace period of 20 minutes. However, many employees arrive post 10.30 am and still receive full pay without any deduction.
I have convinced my management team to implement a deduction of half day's salary for the third late mark without adjusting it against the employees' privileged leave. Please advise if my stance is correct.
Awaiting your reply and legal advice.
Regards,
Ms. Ruth Hosmani
From India, Mumbai
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Kindly help me in knowing if there is a law allowing salary deductions for 3 late marks. The reason I ask this is that many senior and executive-level employees in my company arrive late for work. The office timing is from 10.00 am to 6.00 pm with a grace period of 20 minutes. However, many employees arrive post 10.30 am and still receive full pay without any deduction.
I have convinced my management team to implement a deduction of half day's salary for the third late mark without adjusting it against the employees' privileged leave. Please advise if my stance is correct.
Awaiting your reply and legal advice.
Regards,
Ms. Ruth Hosmani
From India, Mumbai
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Dear Ms. Ruth,
Nowadays, most organizations allow individuals to arrive late, but they are still required to complete the total hours of work. This approach provides employees with a sense of freedom while ensuring that the company does not face any negative consequences.
Regards,
Anita
From India, Mumbai
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134Nowadays, most organizations allow individuals to arrive late, but they are still required to complete the total hours of work. This approach provides employees with a sense of freedom while ensuring that the company does not face any negative consequences.
Regards,
Anita
From India, Mumbai
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Ms. Ruth,
There is no such law; it's HR policies of the organization, which may vary from company to company. If you have a defined policy and employees are well-aware, then you are well within your right to act according to what is written in the policy. Though before taking any harsh action, just keep in mind that nowadays organizations start believing in flexible working hours. I would like to suggest intimating employees that the maintenance of discipline in any organization is of prime essence, and it has been observed that employees are habitually coming late. Request to strictly adhere to working hours; otherwise, we will be constrained to initiate disciplinary actions besides marking them absent or any other penalty as defined in your policy.
From India, Gurgaon
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There is no such law; it's HR policies of the organization, which may vary from company to company. If you have a defined policy and employees are well-aware, then you are well within your right to act according to what is written in the policy. Though before taking any harsh action, just keep in mind that nowadays organizations start believing in flexible working hours. I would like to suggest intimating employees that the maintenance of discipline in any organization is of prime essence, and it has been observed that employees are habitually coming late. Request to strictly adhere to working hours; otherwise, we will be constrained to initiate disciplinary actions besides marking them absent or any other penalty as defined in your policy.
From India, Gurgaon
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Dear Friend,
Kindly create a panic among employees as if the Security Desk at the Entrance is noting down every latecomer initially. If you manage to get things under control, leave it at that. Otherwise,
The second step is to tabulate department-wise latecomers at the Junior & Middle Levels and send this report on a monthly basis to the H.O.Ds.
Additionally, near the Security Desk at the Entrance, keep a "Late Slip" to be filled out by the latecomer. Attendance will only be marked upon certification by their higher authority.
Continue this process at regular intervals, and everything else should settle down and return to normal as expected.
It is unacceptable to cut the salary of employees at the Blue Colour Levels.
Regards,
From India, Chennai
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Kindly create a panic among employees as if the Security Desk at the Entrance is noting down every latecomer initially. If you manage to get things under control, leave it at that. Otherwise,
The second step is to tabulate department-wise latecomers at the Junior & Middle Levels and send this report on a monthly basis to the H.O.Ds.
Additionally, near the Security Desk at the Entrance, keep a "Late Slip" to be filled out by the latecomer. Attendance will only be marked upon certification by their higher authority.
Continue this process at regular intervals, and everything else should settle down and return to normal as expected.
It is unacceptable to cut the salary of employees at the Blue Colour Levels.
Regards,
From India, Chennai
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Dear Anita, Apoorva, and Suresh,
Thank you for your help. We do not have any employees at the blue-collar level, and the real reason is to ensure that if I deduct the salary of the latecomer, the employer or the company should not be penalized by any legal action.
Yes, I am implementing this to address latecoming issues and to maintain proper work hours, as many employees have been consistently late, resulting in less than 8 hours of work. I have an ID card punch in and out system to track employee attendance accurately.
As the sole HR personnel for this company, I am responsible for managing all HR activities and seek assistance to ensure that both my company and employees receive equal benefits.
Regards,
Ruth H
From India, Mumbai
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Thank you for your help. We do not have any employees at the blue-collar level, and the real reason is to ensure that if I deduct the salary of the latecomer, the employer or the company should not be penalized by any legal action.
Yes, I am implementing this to address latecoming issues and to maintain proper work hours, as many employees have been consistently late, resulting in less than 8 hours of work. I have an ID card punch in and out system to track employee attendance accurately.
As the sole HR personnel for this company, I am responsible for managing all HR activities and seek assistance to ensure that both my company and employees receive equal benefits.
Regards,
Ruth H
From India, Mumbai
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Dear Ruth,
Normally, managerial-level employees can arrive a little late so that their assistants can reach the office on time and prepare their office or desk for work. They would then leave the office a bit early, allowing their assistants to wrap up without any delays. There is no specific law regarding the tardiness of employees. Only the company's HR policies can address this issue through appropriate circulars, amendments in the HR manual, and necessary notifications that should be circulated to all employees. After providing some grace period, deductions can be implemented for late arrivals. To track their office attendance accurately, it is advisable to introduce a biometric attendance system (fingerprint) for both clocking in and out.
Thank you.
From India, Kumbakonam
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Normally, managerial-level employees can arrive a little late so that their assistants can reach the office on time and prepare their office or desk for work. They would then leave the office a bit early, allowing their assistants to wrap up without any delays. There is no specific law regarding the tardiness of employees. Only the company's HR policies can address this issue through appropriate circulars, amendments in the HR manual, and necessary notifications that should be circulated to all employees. After providing some grace period, deductions can be implemented for late arrivals. To track their office attendance accurately, it is advisable to introduce a biometric attendance system (fingerprint) for both clocking in and out.
Thank you.
From India, Kumbakonam
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Hello Ms. Ruth Hosmani,
Can you please give a few more details as below:
1. What domain is your company in [IT, Telecom, etc]?
2. You have mentioned regarding the late-coming culture that's prevalent but haven't mentioned its effect on the collective or individual performances. Please elaborate on this aspect too.
In general, while any rule/policy is laid down by HR to bring about some sort of structure into the operations, it is also important to remember the limitations of the rule/policy. This is where 'flexi working hours' suggested by Apoorva comes into the picture, especially since you mention that you don't have any blue-collar workers.
One phrase that is commonly used in the IT industry (mostly, but not limited to this sector/domain alone) is for the HR policies to be "Employee-friendly."
Regards,
TS
From India, Hyderabad
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Can you please give a few more details as below:
1. What domain is your company in [IT, Telecom, etc]?
2. You have mentioned regarding the late-coming culture that's prevalent but haven't mentioned its effect on the collective or individual performances. Please elaborate on this aspect too.
In general, while any rule/policy is laid down by HR to bring about some sort of structure into the operations, it is also important to remember the limitations of the rule/policy. This is where 'flexi working hours' suggested by Apoorva comes into the picture, especially since you mention that you don't have any blue-collar workers.
One phrase that is commonly used in the IT industry (mostly, but not limited to this sector/domain alone) is for the HR policies to be "Employee-friendly."
Regards,
TS
From India, Hyderabad
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Dear Ruth,
I would suggest that instead of salary deduction, why can't this be a mandatory practice that every employee must complete their full hours every day irrespective of their login time? This can help in keeping employees motivated.
Best Regards,
Mujeeb
From India, Hyderabad
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I would suggest that instead of salary deduction, why can't this be a mandatory practice that every employee must complete their full hours every day irrespective of their login time? This can help in keeping employees motivated.
Best Regards,
Mujeeb
From India, Hyderabad
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Circular for Marking of Attendance
Just like every train needs to arrive and depart from a station at fixed time, similarly every employee of the company is required to arrive and depart from place of work on time and work for a minimum of 48 hours per week (54 hours with lunch break).
Over period of time, the management of your organisation have observed that employees of the company in large numbers are misusing the leniency of the management towards employees and have developed habit of either coming late or going early or going in between duty hours. This has results in delay in completion of work and/or missing of targeted dead lines for completion of assigned work. This has also resulted in increasing indiscipline amongst the staff members.
In view of above and in order to restore much needed discipline amongst staff members, the management of your organisation have got the Biometric Face Attendance Reader cum Recorder installed and made operational on 09/02/2012 both at show room and service center with the following rules of attendance -
1. The attendance recorded in the Biometric Face Attendance Reader cum Recorder shall be base for calculating salary and wages earned by a particular employee for a particular month. Therefore each and every employee has to use the Biometric Face Attendance Reader cum Recorder for recording his time of arrival-in and departure-from the office with out any choice of his own.
2. In case, the Biometric Face Attendance Reader cum Recorder is out of order and/or out of service due to any reason whatsoever, the procedure of signing manually along with time of signature shall have to be used on daily sheet as per present practice in force and such sheet needs to be delivered to the management on daily basis.
3. Regular and punctual attendance, completion of assigned work and meeting the targets set by principal shall have a bearing on continuation of employment, profit linked annual performance based bonus payable, if any and annual performance linked increment to every employee.
4. The management has full rights to make modifications/ alterations/ substitutions to any or all of the above provisions.
5. This arrangement comes in to force with immediate effect.
6. Every employee has to sign this circular as a token of having read this very carefully and understood the same completely.
7. Incase of any doubt, every employee is free to consult the management.
Use of Biometric Face attendance recorder
S. Arrival Departure Result
No.
1 Not used at time of arrival Not used at time of departure Employee did not came to duty
and hence marked absent
2 Not used at time of arrival Used at time of departure Employee came abnormally late to duty just
for marking attendance and/or did not work
for full dayand hence marked absent
3 Used at time of arrival Not used at time of departure Employee came to duty just for marking
attendance and left immediately and/or
thereafter without doing any work and
hence marked absent
4 Came late and/or left early by 0 to 15 minutes (including Shall be marked half day leave for every
15 minutes) on up to 3 occasions every calendar month three occasions provided the total hours per
week is 48 hours or more
5 Came late and/or left early by 15 (exceeding 15 minutes) Shall be marked full day leave for every
to 30 minutes on up to 3 occasions every calendar month three occasions provided the total hours per
week is 48 hours or more
6 Came late or left by more than 30 minutes To be marked absent for the day
7 Came late and/or left early and total working hours Double the shortfall hours shall be marked
per week falls short of prescribed 48 hours limit without absent.E.g. if total working hour comes to
lunch break and 54 hours per week with lunch break 44 hour. In such case shortfall is 4 hours and
one day leave shall be counted.
8 Remaining absent without prior information to Absent and can not be set off against any
management other day’s working
9 Three Half/Full day leaves get marked due to late Employee under censor/watch continuously
coming and/or leaving early till his performance improves.
10 Came late and/or left early due to company’s work The note of same need to be got recorded
from the management in attendance register
on next first available opportunity
11 Out door duty with in city and/or out of station duty The note of same need to be got recorded
from the management in attendance register
on next first available opportunity
12 Camps/Melas/Exhibitions The attendance need to be marked on
separate sheet for each day with arrival and
departure time and sheet handed over to
management the very same day
It is not possible to use tabulat format here therefore please cast table at your end. You may please go thru the attachment
From India, Jodhpur
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Just like every train needs to arrive and depart from a station at fixed time, similarly every employee of the company is required to arrive and depart from place of work on time and work for a minimum of 48 hours per week (54 hours with lunch break).
Over period of time, the management of your organisation have observed that employees of the company in large numbers are misusing the leniency of the management towards employees and have developed habit of either coming late or going early or going in between duty hours. This has results in delay in completion of work and/or missing of targeted dead lines for completion of assigned work. This has also resulted in increasing indiscipline amongst the staff members.
In view of above and in order to restore much needed discipline amongst staff members, the management of your organisation have got the Biometric Face Attendance Reader cum Recorder installed and made operational on 09/02/2012 both at show room and service center with the following rules of attendance -
1. The attendance recorded in the Biometric Face Attendance Reader cum Recorder shall be base for calculating salary and wages earned by a particular employee for a particular month. Therefore each and every employee has to use the Biometric Face Attendance Reader cum Recorder for recording his time of arrival-in and departure-from the office with out any choice of his own.
2. In case, the Biometric Face Attendance Reader cum Recorder is out of order and/or out of service due to any reason whatsoever, the procedure of signing manually along with time of signature shall have to be used on daily sheet as per present practice in force and such sheet needs to be delivered to the management on daily basis.
3. Regular and punctual attendance, completion of assigned work and meeting the targets set by principal shall have a bearing on continuation of employment, profit linked annual performance based bonus payable, if any and annual performance linked increment to every employee.
4. The management has full rights to make modifications/ alterations/ substitutions to any or all of the above provisions.
5. This arrangement comes in to force with immediate effect.
6. Every employee has to sign this circular as a token of having read this very carefully and understood the same completely.
7. Incase of any doubt, every employee is free to consult the management.
Use of Biometric Face attendance recorder
S. Arrival Departure Result
No.
1 Not used at time of arrival Not used at time of departure Employee did not came to duty
and hence marked absent
2 Not used at time of arrival Used at time of departure Employee came abnormally late to duty just
for marking attendance and/or did not work
for full dayand hence marked absent
3 Used at time of arrival Not used at time of departure Employee came to duty just for marking
attendance and left immediately and/or
thereafter without doing any work and
hence marked absent
4 Came late and/or left early by 0 to 15 minutes (including Shall be marked half day leave for every
15 minutes) on up to 3 occasions every calendar month three occasions provided the total hours per
week is 48 hours or more
5 Came late and/or left early by 15 (exceeding 15 minutes) Shall be marked full day leave for every
to 30 minutes on up to 3 occasions every calendar month three occasions provided the total hours per
week is 48 hours or more
6 Came late or left by more than 30 minutes To be marked absent for the day
7 Came late and/or left early and total working hours Double the shortfall hours shall be marked
per week falls short of prescribed 48 hours limit without absent.E.g. if total working hour comes to
lunch break and 54 hours per week with lunch break 44 hour. In such case shortfall is 4 hours and
one day leave shall be counted.
8 Remaining absent without prior information to Absent and can not be set off against any
management other day’s working
9 Three Half/Full day leaves get marked due to late Employee under censor/watch continuously
coming and/or leaving early till his performance improves.
10 Came late and/or left early due to company’s work The note of same need to be got recorded
from the management in attendance register
on next first available opportunity
11 Out door duty with in city and/or out of station duty The note of same need to be got recorded
from the management in attendance register
on next first available opportunity
12 Camps/Melas/Exhibitions The attendance need to be marked on
separate sheet for each day with arrival and
departure time and sheet handed over to
management the very same day
It is not possible to use tabulat format here therefore please cast table at your end. You may please go thru the attachment
From India, Jodhpur
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