Deduction of salary for late attendance

A sudden notice from your company regarding salary deductions for late attendance! Let's examine the situation: 1. _Unionised and management staff_: Both categories are affected by the notice. 2. _Deduction of one day's salary_: The company plans to deduct one day's salary for every three days of late attendance. 3. _No approval from Local Labour Commissioner_: The company hasn't obtained the necessary approval for this deduction. In India, the Payment of Wages Act, 1936, and the Industrial Disputes Act, 1947, govern salary deductions. Generally: 1. _Deductions require approval_: The company needs permission from the Local Labour Commissioner or the appropriate authority to make deductions. 2. _Notice period_: The company should provide a reasonable notice period before implementing deductions. 3. _CBA or settlement_: If there's a Collective Bargaining Agreement (CBA) or settlement in place, the company should adhere to its terms. To address this: 1. _Check company policies_: Review your company's policies and the employment contract. 2. _Consult union representatives_: If you're part of a union, reach out to your representatives for guidance. 3. _Seek legal advice_: Consult a labour law expert to understand your rights and potential courses of action. 4. _Gather support_: Collectively address the issue with your colleagues and union (if applicable). Remember, it's essential to prioritize your rights and seek professional guidance in such situations.

There are many laws in your favour. But let us look at the merits of the case. Punctuality is important for not only discipline but also for efficiency and reliability. Indians are notorious for not being punctual. Europeans are very punctual even for personal appointments. Japanese are extremely punctual. That was the reason that they progressed very fast and became equal to Europeans even more than a century ago. Modi has eliminated open defecation. I do not know why he is not preaching punctuality. Now let us come to your problem. Is it that you feel that punctuality should not be insisted upon or that the punishment is excessive. Will you settle for a lesser punishment? What is your and other's problem for being punctual? Have you to come everyday commuting long distances? Are your transports unliable?  Consider this and other factors try to negotiate with the management. In the extreme case take the advice of Advocate Rama Chari Rachakonda. I have worked in Western countries. They are very punctual. And they have progressed. Indians have lost many wars just because they were not punctual.

The Employment Rights Act 1996 (ERA) protects workers from unauthorised deductions from pay. The rules on unlawful deduction of wages relate to underpayment or non-payment of an employee's wage or salary without their permission or consent.

Any new law framed which may affect/harm or can cause detrimental effect to the employee may not be considered as a legally valid act, especially if it is enforced without the approval of the labor commissioner, then the company may be responsible for the legal consequences.

Sir

Does it require Standing Order be approved by Govt Authority. Mgt is firm to deduct salary for late coming. Even station master's note on late running of train is refused. Job market is poor. Anonymous letter to Labour Commissioner is OK?? 

In my view, the provision made by the company is a concession than a rule. No employee has a vested right to report late for duty. And the company has inherent right to insist the employees be punctual. If late, the employer has the right to prevent the employee from reporting for duty or at least to deduct half a day's salary.

I agree with Adv:Venu