Thiruvallur, Tamilnadu - Management is saying to deduct Sunday salary if any employee takes one leave in a week. Is that right?

Dear HR Friends, Hope you all are well and good.
In my company, management is saying to deduct Sunday salary if any employee takes one leave in a week. Is that right?
Please advise

Hi, If Sunday is the declared week off then it is wrong. By the by your employees are not eligible for any leave?

Hi Narayan Sir,

No leaves since its proprietorship firm. we are giving only earned leaves for the employee who completes 120 days in the organization. is there is any standing order for factories leave policy ? If yes can you please share me one.

Also we are giving public holidays to employees.

Regards,
Priyadharshini

Hi,

Then you need to follow leave rules stipulated by Factories Act

As per the provisions of sec.79 of the Factories Act on completion of 240 work days employee will become eligible for 1day earned leave for every 20 days worked ( one day for every twenty days of work performed by the employee during the previous calendar year).

Standing Order is different. Please refer Factories Act for further clarifications.

Being a proprietary organisation does not exempt you from labour laws.
Is this sunday without pay rule applicable only for those who didn't work for 120 days in the organisation?

As per minimum wages act, payment of wages act, factory act, shop act, you have to allow 1 days paid leave if the person has worked for 6 days. So you can not do what you are thinking of doing. You can only deduct pay of the absent day if he does not have leave balance carried forward

Hi,
Deducting Sunday salary if an employee takes one leave in a week might not be legally compliant, depending on labor laws and regulations in India. Here are some key points to consider:

Indian Labor Laws
Weekly Holiday:

The Factories Act, 1948, mandates that workers should have at least one day off in a week. Generally, Sunday is considered a weekly holiday.

The Shops and Establishments Act in various states also stipulate a weekly holiday. Tamil Nadu's Shops and Establishments Act, for instance, typically follows similar principles.
Leave Policies:

Paid leaves, such as earned leave, casual leave, and sick leave, are usually part of the employment benefits.
Deducting a weekly off (like Sunday) because an employee took a leave during the week may contravene these laws and be deemed unfair labor practice.

Legal Implications
Factory Workers: If your company is registered under the Factories Act, deducting salary for a Sunday due to a leave taken during the week might violate the provisions of the Act regarding weekly holidays.
Office Employees: If your company is governed by the Shops and Establishments Act, this practice might similarly be illegal.

Best Practices for Employers
Consult a Labour Law Expert: Before implementing such policies, it's crucial to consult with a labor law expert or legal advisor to ensure compliance with the relevant laws and regulations.

Review Company Policies: Align your company's leave and salary policies with legal requirements and industry standards to avoid legal complications and ensure fair treatment of employees
.
Steps to Take
Check Company Policy: Review your company’s existing leave and salary policies to see if there’s any provision for such a deduction.

Seek Clarification: If the policy is unclear, seek clarification from your HR department or management.

Consult Legal Advice: If you believe the policy is unfair or illegal, consulting a labour law expert or an attorney might be beneficial.

In summary, while each company can have its internal policies, they must comply with the national and state labor laws in India. Deducting a Sunday salary for taking a leave during the week might not be legally justified, so it would be wise for your company to review this practice in light of legal guidelines

Thanks.