Dear Seniors,
If Security Personnel working on rolls of company makes a mistake due to which his senior want to punish him by deducting Half Day's salary ( or showing Half Day present ) though he was present for total 08 hours.
Can such punishment be imposed without conducting Domestic Enquiry?
From India, Pune
467If Security Personnel working on rolls of company makes a mistake due to which his senior want to punish him by deducting Half Day's salary ( or showing Half Day present ) though he was present for total 08 hours.
Can such punishment be imposed without conducting Domestic Enquiry?
From India, Pune
Mr.Prashant
First, you need to ensure that whether deduction of wages is a punishment enumerated under the Standing orders/service rules/settlmeents of the establishment and if so a domestic enquiry need to be condcuted. However, the standing orders or servcie rules of some establishment may dispense with enquiry for certai acts of minor misconduct and if the case fits into such rule or order, it can be dispensed with. If it is not a punsihment under SOs or rules, the action amounts to administrative action only. In such case, the establsihment need to ascetain whether the deduction has been effected within the ambit of the Payment of Wages Act, if applicable.
B.Saikumar
HR &Labour Law Advsior
Mumbai
09930532927
From India, Mumbai
First, you need to ensure that whether deduction of wages is a punishment enumerated under the Standing orders/service rules/settlmeents of the establishment and if so a domestic enquiry need to be condcuted. However, the standing orders or servcie rules of some establishment may dispense with enquiry for certai acts of minor misconduct and if the case fits into such rule or order, it can be dispensed with. If it is not a punsihment under SOs or rules, the action amounts to administrative action only. In such case, the establsihment need to ascetain whether the deduction has been effected within the ambit of the Payment of Wages Act, if applicable.
B.Saikumar
HR &Labour Law Advsior
Mumbai
09930532927
From India, Mumbai
Dear Sir,
In Industry such mistakes are common. But to have fear and not to repeat such things
frequently, managements may impose fine or mark absent for a day or half day. It is a
commen phenomena. No need to follow the enquiry procedure. This will be simple punish-
ment as general principles of law.
D.Gurumurthy
LL.HR.IR.Consultant,
Hyderabad.
From India, Hyderabad
In Industry such mistakes are common. But to have fear and not to repeat such things
frequently, managements may impose fine or mark absent for a day or half day. It is a
commen phenomena. No need to follow the enquiry procedure. This will be simple punish-
ment as general principles of law.
D.Gurumurthy
LL.HR.IR.Consultant,
Hyderabad.
From India, Hyderabad
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