Legal Law For Late Coming Deduction - DOC Download

Dear Seniors & All,
Kindly help me in knowing that there is a law on salary deduction allowed in 3 late mark comming.
The reason I ask this is because, Many Senior & Executive level employees of my company report late at work & the office timing is 10.00 am to 6.00 pm with grace period of 20.00 min. But still many come post 10.30 am and still are been paid full salary without any deduction.
I have convinced my Management team for a deduction of half day salary on 3 occation of late mark without adjusting it to the employees Previlaged Leave.
Please advise if I am correct on my part.
Awaite for your reply & Legal Law
Regards,
Ms. Ruth Hosmani

Dear Ms. Ruth,
Now a days most of the organization allows person to come late, but he or she will have to put in the total hours of work.
This way the employee also feel they have freedom and at the same time the company also does not suffer.
Regards
Anita

Ms Ruth
There is no such law. Its HR policies of the organization and which may vary from company to company. If you have defined policy and employee are well aware then you are well within your right to act according to what is written in policy. Though before taking any harsh action, just keep in mind that nowadays organization start believing in flexi working hours. I would like to suggest to intimate employees that maintenance of discipline in any organization is of prime essence and it has been observed that employees are coming late habitually. Request to strictly adhere of working hours otherwise we will be constrained to initiate disciplinary actions besides marking them absent or any other penalty as defined in your policy

Dear Friend,
Kindly create a panic amongst employees as though Security Desk @ Entrance is making note of every late comers, initially. If you get things under control, leave it there. Else,
Second Step is to tabulate department-wise late comers at the Junior & Middle Level and this statement on a monthly basis to initially shoot to the H.O.Ds.
Additionally at the Entrance, Near the Security Desk Keep a "Late Slip" to be filled by the later comer and attendance will be marked only upon certification by his higher authority.
Keep this happening at the regular intervals and rest will subside and fall back per expectations in the very normal course.
It is very shabby to Cut Salary @ Blue Colour Levels.
Regards,

Dear Anita, Apoorva & Suresh,
Thank you for your help.
We do not have any employees at blue collar level & the real reason is to make sure if I deduct the salary of the late comer than the Employer or the Company should not be penalized by any legal action.
And yes I am doing this is because to stop late comming and to have a proper workings coz many of them are been regularly late and their working hours is less than 8 hours and I do have a Id card punch in & out system and that is how I come to know that my employees are late.
I am the only HR for this company and Have to take care of all the HR activities and hence needed help to make sure that my company as well as my employees are getting equal benifits.
Regards,
Ruth H

Dear Ruth
Normally the Managerial level people can come little bit late, so that their assistants can come to office in time and keep his office / table ready for work and they will leave the office little bit early, so that their assistants can pack up in time without any delay.
There is no such law available for the absence of late comers. Only the company HR Policies can regulate this issue with suitable circulars, amendment in the HR Manual and necessary notification for that effect, which is to circulated properly to all the employee. After giving some grace period, it can be implemented for deduction. To prove their late arrivals in office, you must implement the Bio metric attendance system (Finger print) in your office for in time as well as out time.

Hello Ms. Ruth Hosmani,
Can you pl give a few more details as below:
1] What domain is your company into [IT, Telecom, etc]?
2] You have mentioned reg the late-coming culture that's prevalent--but haven't mentioned it's effect on the collective or individual performance(s). Pl elaborate on this aspect too.
In general, while any Rule/Policy is laid-down by HR to bring about some sort of a structure into the operations, it is also important/wise to remember the limitations of the Rule/Policy--this is where 'flexi working hours' suggested by Apoorva comes into picture, especially since you mention that you don't have any blue-collar workers.
One phrase that's commonly used in the IT industry [mostly, but not limited to this sector/domain alone] is for the HR policies to be "Employee-friendly".
Rgds,
TS

Dear Ruth,
I would suggest instead of salary deduction, why can't this be a mandatory practice that every employee must complete their full hours everyday irrespective of their login time, this can be a help in keeping employee motivated.
Best Regards,
Mujeeb

Circular for Marking of Attendance

Just like every train needs to arrive and depart from a station at fixed time, similarly every employee of the company is required to arrive and depart from place of work on time and work for a minimum of 48 hours per week (54 hours with lunch break).

Over period of time, the management of your organisation have observed that employees of the company in large numbers are misusing the leniency of the management towards employees and have developed habit of either coming late or going early or going in between duty hours. This has results in delay in completion of work and/or missing of targeted dead lines for completion of assigned work. This has also resulted in increasing indiscipline amongst the staff members.

In view of above and in order to restore much needed discipline amongst staff members, the management of your organisation have got the Biometric Face Attendance Reader cum Recorder installed and made operational on 09/02/2012 both at show room and service center with the following rules of attendance -

1. The attendance recorded in the Biometric Face Attendance Reader cum Recorder shall be base for calculating salary and wages earned by a particular employee for a particular month. Therefore each and every employee has to use the Biometric Face Attendance Reader cum Recorder for recording his time of arrival-in and departure-from the office with out any choice of his own.

2. In case, the Biometric Face Attendance Reader cum Recorder is out of order and/or out of service due to any reason whatsoever, the procedure of signing manually along with time of signature shall have to be used on daily sheet as per present practice in force and such sheet needs to be delivered to the management on daily basis.

3. Regular and punctual attendance, completion of assigned work and meeting the targets set by principal shall have a bearing on continuation of employment, profit linked annual performance based bonus payable, if any and annual performance linked increment to every employee.

4. The management has full rights to make modifications/ alterations/ substitutions to any or all of the above provisions.

5. This arrangement comes in to force with immediate effect.

6. Every employee has to sign this circular as a token of having read this very carefully and understood the same completely.

7. Incase of any doubt, every employee is free to consult the management.

Use of Biometric Face attendance recorder

S. Arrival Departure Result

No.

1 Not used at time of arrival Not used at time of departure Employee did not came to duty

and hence marked absent

2 Not used at time of arrival Used at time of departure Employee came abnormally late to duty just

for marking attendance and/or did not work

for full dayand hence marked absent

3 Used at time of arrival Not used at time of departure Employee came to duty just for marking

attendance and left immediately and/or

thereafter without doing any work and

hence marked absent

4 Came late and/or left early by 0 to 15 minutes (including Shall be marked half day leave for every

15 minutes) on up to 3 occasions every calendar month three occasions provided the total hours per

week is 48 hours or more

5 Came late and/or left early by 15 (exceeding 15 minutes) Shall be marked full day leave for every

to 30 minutes on up to 3 occasions every calendar month three occasions provided the total hours per

week is 48 hours or more

6 Came late or left by more than 30 minutes To be marked absent for the day

7 Came late and/or left early and total working hours Double the shortfall hours shall be marked

per week falls short of prescribed 48 hours limit without absent.E.g. if total working hour comes to

lunch break and 54 hours per week with lunch break 44 hour. In such case shortfall is 4 hours and

one day leave shall be counted.

8 Remaining absent without prior information to Absent and can not be set off against any

management other day’s working

9 Three Half/Full day leaves get marked due to late Employee under censor/watch continuously

coming and/or leaving early till his performance improves.

10 Came late and/or left early due to company’s work The note of same need to be got recorded

from the management in attendance register

on next first available opportunity

11 Out door duty with in city and/or out of station duty The note of same need to be got recorded

from the management in attendance register

on next first available opportunity

12 Camps/Melas/Exhibitions The attendance need to be marked on

separate sheet for each day with arrival and

departure time and sheet handed over to

management the very same day

It is not possible to use tabulat format here therefore please cast table at your end. You may please go thru the attachment

Please find attached here with circular for attendance issued in our organisation. Comments and suggestions are solicited.