Hi,
This query is on behalf of my wife who works as an assistant designer with a fashion brand/label in Gurgaon, India, which is clearly stated in her appointment letter. Last month, her employer deducted her salary, citing the reason as short timing because on 2-3 occasions, she was either 1-2 hours late to reach the office or signed off 1-2 hours early. Her work shift is 8 hours (11 am - 7 pm) per day and 6 days a week. As far as my knowledge goes, salaried executives, admin executives, or managers cannot have short timing pay cuts imposed on them as mentioned earlier. If I am correct, kindly provide legal references to support this claim so that it can be used as a reference when she discusses it with her employer.
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This query is on behalf of my wife who works as an assistant designer with a fashion brand/label in Gurgaon, India, which is clearly stated in her appointment letter. Last month, her employer deducted her salary, citing the reason as short timing because on 2-3 occasions, she was either 1-2 hours late to reach the office or signed off 1-2 hours early. Her work shift is 8 hours (11 am - 7 pm) per day and 6 days a week. As far as my knowledge goes, salaried executives, admin executives, or managers cannot have short timing pay cuts imposed on them as mentioned earlier. If I am correct, kindly provide legal references to support this claim so that it can be used as a reference when she discusses it with her employer.
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Late attendance and leaving early, on rare occasions with due permission, are always allowed in workplaces. But without permission, NO. When it becomes a repeated occurrence, happening every month and with regular frequency, it will not be treated kindly. However, you should first study the Standing Order stipulation regarding the failure to maintain official timings and decide on the appropriate course of action. I would suggest trying to adhere to the designated timings, and if permission is necessary, ensure to seek and obtain it. Maintenance of discipline is also our duty. Making errors in judgment regarding this matter can lead to trouble.
From India, Bangalore
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1273From India, Bangalore
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Thanks for the reply. However, the case of late attendance or leaving early has happened only 3 times in her total span of 6 months with the company, and that too on the occasions like Karva Chauth, Choti Diwali, and Dussehra. It was well informed to her employer. Her shift ends at 7 pm, and for the mentioned 3 occasions, she left by 4:30 pm.
I believe a wage earner cannot be mixed with a salaried person, as the former is paid on an hourly basis, and the latter is paid on a periodic basis. When this point was raised, her employer said that his company is not a MNC and he frames his policies at the workplace. Quite surprisingly, when it was mentioned that there should be a difference between a wage-earning laborer and a salaried employee, his reply was shocking. He addressed workplace policies in the US, not considering the general HR policies followed in India.
Is there any way to raise this issue of unfair practices and policies in small workplaces, as mentioned earlier?
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I believe a wage earner cannot be mixed with a salaried person, as the former is paid on an hourly basis, and the latter is paid on a periodic basis. When this point was raised, her employer said that his company is not a MNC and he frames his policies at the workplace. Quite surprisingly, when it was mentioned that there should be a difference between a wage-earning laborer and a salaried employee, his reply was shocking. He addressed workplace policies in the US, not considering the general HR policies followed in India.
Is there any way to raise this issue of unfair practices and policies in small workplaces, as mentioned earlier?
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Now I understand the difference. I surmise and suspect that there should be some story behind this - some sort of tiff or personal misgivings. It's better to go to the root cause and find out what has happened. Is this position a permanent one or casual? Does she belong on the regular payroll, covered by a union?
From India, Bangalore
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From India, Bangalore
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You have very correctly put it, wage deduction for short attendance is applicable for those who are paid wages by the hour but is not applicable to the executive or managerial cadre who are paid salary. I recollect having relied on Bank of India vs TS Kelawala in which the Supreme Court (1990) held that where the contract of service provides for salary to be paid on a monthly basis, then it cannot be further broken down to days and hours of attendance. The matter before the Supreme Court was on the justiciability of the Bank deducting salary for the whole day against the strike by the executive category for the morning half of the day. Some observations therein could be helpful.
From India, Mumbai
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From India, Mumbai
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Dear Colleague,
Legality aside, for professional employees, this attitude of deducting wages is outright unjust. Professionals are paid a monthly salary for delivering results. To achieve targets, they have to work extra hours for which they are not paid extra wages. Your wife must have faced this situation.
Furthermore, to promote a better work-life balance, many organizations implement flexible work time policies. In a demanding professional work environment where pay for performance is the driving policy rather than the number of hours worked, subjecting professionals to this demotivating wage deduction policy is highly objectionable.
Even after expressing dissatisfaction to your employer, if adamant behavior is displayed, it indicates insensitivity to people's legitimate expectations. This environment may not be suitable for long-term employment, and your wife should consider pursuing the first available better career opportunity.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Legality aside, for professional employees, this attitude of deducting wages is outright unjust. Professionals are paid a monthly salary for delivering results. To achieve targets, they have to work extra hours for which they are not paid extra wages. Your wife must have faced this situation.
Furthermore, to promote a better work-life balance, many organizations implement flexible work time policies. In a demanding professional work environment where pay for performance is the driving policy rather than the number of hours worked, subjecting professionals to this demotivating wage deduction policy is highly objectionable.
Even after expressing dissatisfaction to your employer, if adamant behavior is displayed, it indicates insensitivity to people's legitimate expectations. This environment may not be suitable for long-term employment, and your wife should consider pursuing the first available better career opportunity.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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