RAJA (CSE) 14 September 2012

Loss of pay--- doubts

Hello everyone!

I work in a private limited company. I joined a couple of months ago. When I joined the CHIEF EXECUTIVE OFFICER of the company said that I can avail ONE day in a calendar month as PAID LEAVE.

The following month I took 4 days leave.

No of days in a month : 30

no of days leave : 4

paid leave : 1 day

loss of pay : 3 days

On the calculation of salary for the said month, it should be calculated for 27 days. But the management said , "AFTER AVAILING PAID LEAVE, EVERY OTHER DAY, IT IS COUNTED AS 'DOUBLE THE SALARY'.

So, I was paid only for 24 days. Is this legal? What can I do now?

Thanks in advance.

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3 Replies

Sudhir Kumar, Advocate (Advocate) 14 September 2012

If you are not a workman then you file case in civil court.

RAJA (CSE) 14 September 2012

hello sir...

thanks for reply. I have been designated as HR MANAGER . The work nature is to manage HR recruiters. The company is a placement firm.

I have not been informed about this LOSS OF PAY - RULE. It has not included in the offer letter/ appoinment letter. What is the procedure to file a case.

V. VASUDEVAN (LEGAL COUNSEL) 15 September 2012

It is an apathy that a HR Manager is treated like this. The policy as claimed by the company is totally unlawfu. As an establishment it should be governed by the Shops & Establishments Act and no such double calculation is ever provided for in the law.

An HR Manager has to formulate a best employee welfare policy in alignment with law and best practice. If you are in such a vulnerable poistion you have either an option to quit of persuade the management citing the law and indusrial practice for adoption of good governance.

Vasudevan