Salary deduction for employees
jinesh
(Querist) 15 November 2015
This query is : Resolved
sirs,
I am working in a private company. MD of our company has deducted salary of employees on the number of working days basis till now salary was given as per month basis. His calculation is that salary of all employees should be deducted on number of working days basis and not on per month basis.For example, in October month there are 31 days as per normal terms salary is given on number of days basis, he deducted salary after excluding 2 public holidays i.e 2 oct and 22 oct, then he deducted 4 sundays and 2 and 4 saturday which is off so he has divided salary by 23 days and not 31 days.
please guide what we can do in this regards. he had also not issued any circular or policy change notice whic he was supposed to do. also is there any salary deduction law in Indaia.
ROHIT SHARMA
(Expert) 15 November 2015
1. If this private company is registered then the employees can litigate this issue before the Company Law Board Tribunal u/s 241 of the Companies Act. 2013.
jinesh
(Querist) 15 November 2015
Thank you for your reply. But section 241 is for members and we are not members of the company. how can we file a complaint in CLBT. Does employee is also covered in this term.
jinesh
(Querist) 15 November 2015
Also please let me know the procedure fro the same.
P. Venu
(Expert) 16 November 2015
What are the conditions in the appointment letter? Is the company registered under any of the prevailing laws?
jinesh
(Querist) 16 November 2015
As far as conditions in appointment letter it is mentioned that
1.You will be paid gross salary of Rs.___ per month from date of joining and all statutory deductions will be made as per prevailing rules.
2. Company is registered as Private Company with Registrar of Companies, Mumbai and also holding a Bombay Shop and Establishment Certificate.
Kumar Doab
(Expert) 16 November 2015
First of all determine whether you shall be covered as per def. of 'Employee' as in Bombay Shop and Establishment Act and 'Workman' as in ID Act or not, and standing orders shall apply or not!
Approach your counsels in Employee's/Trade Unions, Labor Law Consultant.
Unions in Maharashtra have traditionally been strong and state of Maharashtra have Labor law enactments e.g. PULP, etc and Dept. of labor has provision like PAMS etc....
You may speak to DLC.
You counsels may opine that you can lodge complaint with:
Inspector appointed under: Bombay Shop and Establishment Act and O/o Labor Commissioner
Inspector appointed under:Payment of Wages Act that is applicable to all employees and does not discriminate between 'Workman' and 'Non Workman' and salary slip has to be supplied to all employees at least a day before disbursement of wages and has to show computation of wages and all deductions..........
Inspector appointed under:Min.Wages Act and salary slip has to be supplied to all employees at least a day before disbursement of wages and has to show computation of wages and all deductions..........
This should suffice.
Rajendra K Goyal
(Expert) 16 November 2015
Lodge complaint to Shop Inspector / labor inspector.
K.S.Srinivas
(Expert) 16 November 2015
Agreed with Sri Kumar Doab.
