Very urgent query about salary deduction!

sumit gururani (Querist) 13 May 2011 This query is : Resolved
Dear Expert, greetings! iam working in a japanese organisation (but a pvt ltd in India) where the office timing is 9 to 5.30(1/2 hour break) six days a week.we are permanent employees and not outsourced. But now organisation have laid down a rule that if a employee is late for even 1 minute then it will mark as late and 1 hours salry will be deducted. Furthermore if we take the leave for one day or more days the salary will be decucted for that without adujsting any thing. and the bais of dectuction will be of only working days. for example a person is having 31000 salary for may and had take the leave of 5 days the they calculated dedutction as 31000/24=1292 perday *5=6458! i think it should be 31000/31=1000 perday*5 =5000! So we are very much worried . can you please suggest us the solution by mentioned the case law or section or act. to show the things to the management. please send me to sumit.gururani@gmail.com iam really really need your help.

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Raj Kumar Makkad (Expert) 13 May 2011
Despie of having full sympathy towards you, I can't find suitable case law in support of you rather I have found authorities otherwise. If an employee accepts the terms and conditions then he has no scope to back out and its consequences are to be faced by him.

Guest (Expert) 13 May 2011
If the provision has not been incorporated, as a misconduct in the Model Standing Instructions or the Staff manual, as the case may be, and not notified to staff the decision can be challenged. However, the calcualtion based on the working days will be OK, if the decision is considered legal.

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