Mr. Dhingra, You still haven’t answered by direct question. If provision of applying Fine is available in Act, why it should not be implemented? I agree with the suggestion of Ramesan.
From India, Chennai
Mr. Saravanan,
It seems, you have not read my post properly, where I have very clearly written, "You can include even 3 or 5 days cut of salary for one day's absence in the Standing Order, but with due consent of the respective trade union and finally on the satisfaction of the certifying authority, but no conventional or arbitrary penalty can be imposed on any worker."
If you want reply specifically aimed at fine of 3% of wages, that does not entail deduction of double of the due salary of the employee in the absence of any description in the CSO. Any fine should clearly be represented through CSO, not to be imposed arbitrarily at the whims & fancy and power veilding manner by the HR. In anyway 3% of wages won't work out even for a single day's wage, what to speak of 2 days wage.

From India, Delhi
Mr. Dhingra,

For your kind information 3% wages comes to one day wage. Already one day will be reduced in his attendance for his unapproved/uninformed leave (His working day will be 29, instead of 30). It will be discretion of the management to decide about fine (one day salary or fixed amount less than one day salary).

Do you think HR can decide about fine? Each & every decision will be decided by the management. Without those, HR has to answer the Finance department. It will be problem during Audit.

As you are mentioning, HR will not only concentrate on imposing fine, as they are also responsible for attrition which is their main performance criteria. Please keep in mind, imposing fine doesn't count on the performance of an HR. He/she will not get salary increment/promotion only because they are imposing fine to employees. Imposing fine will lead them to answerable to Employee, Department Manager, finance dept, statutory dept and management.

How many HR do you know, who impose fine only because of the instruction from Management and they worry for the employees??

From India, Chennai
Mr. Saravanan,
A very smart move to evade from the main issue! Your problem seems to be either you try to read between the lines, or assume anythhing at your own.
Anyway, you are free to live with your own perception, if you believe that 3% wages comes to one day wage, as if a month constitutes 33.333 days, instead of 28, 29, 30 or 31 days.
Did I say anywhere that delegations need not be followed?
Also, do you believe that if the CSOs contains the provision of fines on the employees that would always need financial advice, if delegations already stand made to the HR or DDO?
Reality should not be tried to be discarded.

From India, Delhi
Dear Pathak ji,
I haven't come across any provision in the Minimum Wage Act, 1948 or any government orders where such promotions are allowed changing the skill category of workers. Although I came across some of minimum wages notifications of some States, where they have specific instructions to place an unskilled worker in semi-skilled after three years and a semi-
skilled worker in the skilled category after three years.
You can check the notifications of state govt where Minimum Wage are revised from time to time.
BS Kalsi
Member since August, 2011

From India, Mumbai
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