I have an important topic to discuss. Our company has office timings from 9:30 AM to 6:30 PM, and there is a grace period given for 5 minutes to come later. If someone is more than 15 minutes late, half a day's salary is deducted.

From the company's perspective, this policy may seem fair. However, what about those employees who multitask, stay back late almost daily for an hour to finish their work, and then go home? Even their salary is deducted if they are late.

I want to strike a balance between management policies and fairness to employees who work hard for us. If I exempt a senior staff member from salary deductions for being late while sticking to the routine policy for mid-level and junior staff, other staff members may perceive the company as being biased. I am considering having different policies for senior and junior staff regarding office timings. Can a company implement different rules for seniors based on their performance?

Vaishali

From India, Bengaluru
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Hello Viashali,

First, find out whether there is enough workload to make them sit late or if they are sitting late because they are coming late, or if it is due to absenteeism. Also, determine the rate of absenteeism, etc. Assess the workload and see whether the work is evenly distributed among all the employees or if only some employees are burdened while others are idling away their time.

Secondly, find out the nature of the workflow. Determine if more work flows post-lunch and there is less work flow during the pre-lunch session. If so, explore the possibility of changing timings to 10:30 a.m. to 7:30 p.m. Starting early may not be productive when there is not enough work during the pre-lunch session. Conduct some exercises to understand why the employees have to stay back late.

B. Saikumar HR & Labour Advisor Navi Mumbai

From India, Mumbai
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Hello Sai Kumar,

Thank you for the reply below. The staff I am not talking about is sincere, loyal, and are on time mostly except for situations if they missed the train or anything similar. The workflow is always high since we are an export house that can work 24x7, 365 days, so there is no particular time of the day when the workflow is high.

Also, the work is distributed well among all staff, but as they say, all fingers of the hand are not equal, and so all staff are not that proactive and efficient in working, resulting in the workload falling on the handful of staff who are heading departments.

I am working on streamlining work accountability for all equally, but meanwhile, the staff who are taking the additional burden, doing all the work, and having to stay back late due to this, I don't want their salary to be deducted for genuine reasons if they are late.

However, rules are rules applicable to all staff equally; hence, I want to know if, as per some HR norms, we can have a different rule for senior staff regarding office timing, etc.

Vaishali

From India, Bengaluru
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Dear Vaishali,

As per my understanding, actually, there is no need to have a multi-policy and complicate things. It may hurt my ego that I am not considered senior staff even though I have completed xyz years of service, and an employee with less service is considered senior. Instead, just add the following points to the existing policy.

If an employee is found violating the in-time by more than 45 minutes for more than 5 days in a month and does not complete the stipulated 9 hours of daily work on those days, only then should the company deduct 1/2 day's salary. This should resolve the issue, as I personally feel that being 45 minutes late is really not acceptable.

After going through a bit about the history and culture of your organization, I believe convincing the team heads will be quite difficult for you as an HR.

All the best. Hope this helps!

From India, Mahesana
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If you deduct wages for coming late from the salaries of those who are taking extra load and sitting late in order to compensate for those who are less efficient, it will send a wrong message and will be demotivating. If they fall under the workman category, it is normal to pay them overtime. In such a case, you can stick to the rule of allowing 15 minutes late on 5 occasions, since they are compensated, and it is permissible under the law as well.

B. Saikumar
HR & Labour Law Advisor
Navi Mumbai

From India, Mumbai
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I wonder why you can’t adopt a flexible working or flexi time policy!!
From United Kingdom
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I am posting this considering that you are in the manufacturing sector. You need to refer to the Payment of Wages Act for any deduction of salary. As mentioned by you, it is a case of not following rules, and they have to pay a fine for it (outcome of your rule). Any deduction of salary in terms of a fine will amount to a legal complication if raised by someone. In the case of management cadre employees, I think your policy does not have any problem. Rather than deducting half-day salary, start deducting their leave, provided it is not approved by their immediate supervisor. Moreover, in the case of workmen, you can also deduct half a day's leave.

After analysis, you can start paying some amount to an employee who is stretching beyond the limit.

From Singapore, Singapore
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Dear All,

Thank you for the replies. We are a manufacturing and export company, and the staff I am referring to is from the export office. They are the heads of their departments, such as the SM head, Account Senior Executive, and they have each spent around 10 years with us.

In our industry, the work culture often requires us to stay late for various tasks, and overtime (OT) is provided when there are urgent matters that need to be completed on the same day. Anyone who stays late is entitled to OT as per our OT policy.

My concern is about maintaining equality among all employees. We currently deduct the salary of anyone who arrives late after being given 5 chances in a month. However, I am hesitant to apply this rule to our long-serving senior staff members who have been with us for many years, diligently working without watching the clock, and not receiving OT for routine tasks. I believe exceptions should be made for them in cases of emergencies.

I want to implement this in accordance with norms and laws. Therefore, I am seeking advice on whether there are any legal provisions that allow for different rules for senior staff. This way, if any other staff members raise concerns about two sets of rules, I can provide a proper explanation.

Vaishali

From India, Bengaluru
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Dear Vaishali,

You have narrated a problem and a real practical condition, similar to almost any other workplace. Senior persons are sitting late, coming late, so should HR try to save salary deduction or not? Let me share my experience with you and other gentlemen reading this post.

Ignoring late reporting time of any class, relating with discipline is not ethically correct. It is difficult to justify cause and effects, impossible to formulate time limits of reporting late class-wise, position-wise, and finally their output criterion. We, therefore, decided like so many others to adhere to discipline by maintaining punctuality and no deviations of any kinds whatsoever.

Secondly, you cannot bring in conflicting two sets of practices from this angle. Top management is supposed to be more mature, spending more time with accountability to all written and unwritten assignments. You have described that on completion of urgent assignments, everybody gets OT, which is noted as a fair practice your management has, but it is not the case at most places. The moment you save salary deduction for an individual, categorically senior most, discipline will get washed away from the shop floor. For you, anything good, senior persons are supposed to transfer credit to their teammates, and anything bad, seniors should own. It's a good practice, keep it up!

Regards,

RDS Yadav

From India, Delhi
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Hello Vaishali,

You have informed that the employees involved in late sitting are not juniors or of workmen cadre. They are Heads of Depts. Now you fear a breach of the rule or discrimination if you allow those sincere late-sitting seniors to go without a deduction of salaries for coming late either on the sixth occasion or beyond 15 minutes. This rule applies only in normal working conditions where all employees report on time and leave on time. However, for some employees, this working condition is not applicable as they sit late due to administrative needs but not of their own accord.

In those cases, you can make a deviation by allowing them to come late without deducting their salaries or paying OT. Such a deviation is permissible in the interests of the organization. The Board or CMD, who has the rule-making authority, can create a rule of exception applicable to all those who compulsorily sit late due to administrative circumstances. Therefore, this cannot be applied universally to all employees. You cannot treat equally an employee who leaves on time and one who sits late and slogs, as the conditions applicable to them are different. Alternatively, as NASHBRAMHALL suggested, you can implement a flexi-time policy. This is only a matter of policy, and policies are made to advance smooth functioning without causing harm.

B. Saikumar

HR & Labour Law Advisor

Navi Mumbai

From India, Mumbai
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