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Himad Khatri   05 March 2018

Can employer deduct salary while leave balance available?

Hi Friends, 

I am working in IT Compnay, I want help to know that can company deduct Salary of employee, while employee have Balance  Leave?  My companay is deducting my salary from last 3 month for not mark attenace as a week off on my off days

(Actually i am working in shifts 24/7 so instead of Saturday Sunday i got week off on normal working days like Monday,Tuesday etc so at that time company said to mark attendance as week off (Company circulate this mail to all Employee )otherwise they will deduct salary and they are doing this from 3 month)

and i am mark attendance on everyday even on Saturday Sunday if i am on shift(Presence in office

And they are deducting salary instead of deducting my Balance leave. Company can do this they can do this?

 Please help. is it againts the LAW if yes then can any one give me proof or Act no. so i can send mail to my company.

IT Employee

Himad Khatri

 



Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     05 March 2018

If the empoyer has not granted leave then salary can be cut as a lenient measure even though there may be a lot of leave at credit.

Kumar Doab (FIN)     05 March 2018

Sudhirji may relook into the query!

Kumar Doab (FIN)     05 March 2018

Your query does not give clear information if you are marking ‘attendance’ on all work days and ‘off day’ on all off days.

If you have marked as desired , attach screenshot and clarify.

Shifts are decided by employer or IT’s attorneys in HR/Personnel/Admin….

The off days are decided by employer………….and are known to employer..

If the employer has designed the payroll software for attendance then IT can very well arrange for off day appearing as off day…..warranting NO marking by employee.

Employee from his side can mark if asked by employer….what is the fuss in it.

The employer may not have deduced salary for marking off day….

Has employer issued salary slip showing deductions?

 

Leave is by leave intimation/application initiated by employee and accepted/approved by designated personnel/employer.

It is felt that the said issue has nothing to do with Leave.

The employee may write (with a copy to self and under proper acknowledgment) to designated personnel/employer for wrong deduction mentioning off days and ask to pay deducted amounts…and maintain record…

If matter is not resolved within establishment then recourse outside establishment may involve O/o Labor Commissioner, Inspectorate of Shops & Estbs Act, Payment of Wages Act, Courts…

Kumar Doab (FIN)     05 March 2018

The issue is not leave, employee has not applied for leave and employer cannot mark/adjust  leave.........

The attorney of employer in HR is posing altercation..............

It might be transgression....

As per limited information in query IT does not seem to be a miscondct inviting dedcution........


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