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(Guest)

Deduction of 2 days salary if i am not come in my week off(s

Dear,

My Name Is Naghma Ahsani, I am 33 years old self dependent, divorced woman. I have one dependent in my family, that is my 10 years old son. I do all my responsibilities alone without any bodies help, not even my husband. My post in this office is as H.O.D in Customer Relationship Management. I am working in a builder firm (Color City Homes Pvt. Ltd.), NH-24, Near Wave City,Ghaziabad (U.P.), since Jan 2014.

I want to discuss the thing happening every month in my company by none other but our C.F.O, Mr. Rajesh Sharma. He used to torture our me in my salary deduction matters. Every month they activate new rule which is different from the H.R. norms. If I come in Half day and inform before taking, but he used to put my Absent, though he is neither in H.R, nor in management, he is just Chief Financial Officer. 
Now, Day before yesterday (Saturday; 25th July 2015), just a half an hour before I left by the office, he sent me a notice in which mention "Tomorrow every body have to come", although Sunday it is my week off. I want you to know that on Sundays there is a week off for Backend and on Tuesdays there is a week off for sales, and I come in Backend category. 
I had already fixed a meeting with doctor for my mother, 4 days before, due to my Week off. So, I informed immediately to H. R. for the same. And after asked By Mr. Rajesh Sharma(C.F.O.), I informed for the same, and requested for the same, that if possible then surely I'll come, otherwise not, and no issues occur at that time. 
But sudden, I came to office today i,e; on Monday (27th July, 2015), H,R. informed me that Mr. Sharma marked my 2 days deduction without intimated me, on behalf of Sunday (Week Off), due to not managed to come by me in my week off.
First thing that C.F.O is not authorized for taking that decision against any employee, except financial matters. Secondly management not decided yet to deduct, even nobody informed to the management. Mr. Sharma self taken that action and interrupted to our H.R. (Mrs. Radha), and forward the order to her for the same. She is junior to Mr. Sharma & me. This is not done first time, but Mr. Sharma use to mentally harassed me many times with different ways. But my management and bosses have none the less any problem with me, not even they do anything wrong, but in their absence Mr. Sharma tortured me many times.
I wanted to ask that is this true method of deduction, or is there is any rule that besides H.R. & Management, C.F.O can take any decision on employee deduction in any case.
Please do the needful in my case and guide me the right path. Can I take any legislative action for that perticular person? 

       



With warm regards,
   
   Inline image 1  
Naghma Ahsani
H. O. D 
[Customer Relationship Management]  


Learning

 1 Replies

Kumar Doab (FIN)     27 July 2015

It should have been stated in appointment letter that you work timings are say 10am -6pm and 8hrs/day and 48 hrs/week and beyond it OT shall be applicable.

If CFO can take such decisions then the Board must have empowered CFO by Board decision and circulated it.

If CFO is not empowered then his acts are transgression.

You may confirm from HR whether it has received any communiqué in writing to implement the orders of CFO? Record the response of HR (audio/video/witnessed/minuted).

If you have informed in advance to come late or go early then your reporting authority can either ask you to work extra and complete 8hrs/day & 48 hrs/week.

The wage calculation is : monthly wages/26=per day wages

Monthly wages/26/8=per hour wages

If you have come late then instead of marking absent for half day and paying nothing for attendance in office (even if less than 8hrs/day) the employer could have paid for hours clocked.

For attendance on off day/holiday:  OT@ double the wages and/or compensatory off is applicable.

Each deduction, earned wages,OT etc has to be shown in monthly salary/wage slip and also in register prescribed under (name of the state) Shops and Commercial Establishment Rules and wage slip should be supplied duly signed by employer atleast a day before fixed date of disbursement of wages………………….and should be signed by both employer and employee.

The deductions are used for Labor Welfare fund and are to be deposited.

 

You can approach:

Employee’s/Female employee’s/Trade Union leaders e.g. CITU/INTUC/AITUC/BMS etc

Able Labor Law Consultant/Service Matters Lawyer/Law Firm

And you counsels may opine that you are covered by the def. of ‘Employee’ as in Shops and Commercial Establishments Act, ‘Workman’ as in ID Act and can approach:

Inspector appointed under (Name of the state)  Shops and Commercial Establishments Act, Payment of Wages Act, O/o Labor Commissioner, civil court

If CFO is rude and rowdy you can approach women cell,police, and human rights commission,media etc also……………

 

 

 

 

 

 


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