sanchit (Software Developer) 09 October 2014

Emmployer deducted to 2 days salary

Hi ,

I work for Huawei Technologies India Private Ltd in Bangalore. Company follows a practice of punch in and punch out while coming to office and leaving for the day. For every day , if either once is missing employee gets 3 months to justify why punch in or punch out is missing post which salary is deducted for that day.

For me , they have deducted salary for 2 days. Both the days i had forgot to punch in as i was relatively new to company and still getting used to attendance system. But punch out was present. I could not justify the missing punch in for 3 months little due to my negligence and rest due to a very hectic schedule.

Conlusion is , salary has beed deducted for 2 days for which I worked completely. For both these days i have worked beyond office hours of 9 hours and i also have the proof i.e. emails.

My question is , can employers go ahead with their self designed policies and devoid employees of salary for the days they have worked? Will not be illegal not pay employee for the days they have worked with supporting proof no matter what HR policies are there?

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3 Replies

Kumar Doab (FIN) 09 October 2014

The systems are placed for discipline. Attendance should be marked.

The system allows you to mark attendance and rectify variance for long 3 months.

If you have worked for the entire day, for whole duty hours you are eligible for wages and if you have worked for >8 hrs/day and >48 hrs/week then you are eligible for OT.

Be gentle in your representations to reporting authority responsible for marking attendance and payroll, and HR and explain the work done.

They will pay although after teaching the requisite lesson.

Be careful in future.

Negligence sometimes can invite damaging repercussions.

The fines imposed by company is to be deposited as per labor laws in say.................'Employee's Welfare Funds'................................if company has not done so it may refund to you.

sanchit (Software Developer) 12 October 2014

Hello, Thanks for your kind reply. I have now talked to highest authority in the company and he says it cannot be refunded as per the company HR policies. I have explained them how i worked both days beyond 8 hours of regular office. As per finance team they can easily refund money in next day salary but they would need approval of HR head. HR head needs approval of division director. Division director however has not approved it. Therefore i think i will have to forget now about 2 days of my salary where i strecthed due to critical work. I am not sure if they have deposited this money to any employee welfare fund. Its hard to find out too. How do you suggest i go about it?

Kumar Doab (FIN) 12 October 2014

If you have talked then now you can write.

Usually there is internal Grievance Redressal Mechanism within company.......................and as per ID amendment (2010) Act also there has to be this mechanism.

Then there is Works Committee that can take up matters within the company..........................and this committee is an authority under ID Act. When matters are taken up at such levels usually employers relent.

The Industrial Disputes Act, 1947:CHAPTER II: AUTHORITIES UNDER THIS ACT: 3. Works Committee

The problem is that employee's in your trade do not unite and become member of unions although there are now many unions of IT/ITeS employees.....................................and trade unions like CITU,AITUC,INTUC, BMS etc can also be approached.

The OT has to be paid by employer on its own along with earned wages on usual pay day. IN your case the mangers may not agree at all that any OT was asked by them. Therefore whenever you want to work overtime (OT) ensure that you are asked to do OT on record preferably in writing.

Deductions are explained in Payment of Wages Act.

The authorities that can be approached are;

Inspector Under Payment of Wages Act

Inspector Under (Name of the state) Shops and Commercial Establishments Act

O/o Labor Commissioner

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