Dear Mr. Ramesh,
As far as Payment of Wages concerned, only a certain percentage of amount is permissible to recover in the Head Fine and it should be deposited with the State Welfare Fund Board,.
In your case, you are in order to conduct a Domestic Enquiry by giving every opportunity to the delinquent employee observing the Principles of Natural Justice.
It is your prerogative to decide a suitable punishment as per the findings of the Enquiry Officer, ranging from warning, suspension or dismissal as the case may be, but if you give a chance to correct the concerned delinquent employee it is well and good.
w. regards,
Jagdish.K Kochi
9947662384
From India, Kochi
As far as Payment of Wages concerned, only a certain percentage of amount is permissible to recover in the Head Fine and it should be deposited with the State Welfare Fund Board,.
In your case, you are in order to conduct a Domestic Enquiry by giving every opportunity to the delinquent employee observing the Principles of Natural Justice.
It is your prerogative to decide a suitable punishment as per the findings of the Enquiry Officer, ranging from warning, suspension or dismissal as the case may be, but if you give a chance to correct the concerned delinquent employee it is well and good.
w. regards,
Jagdish.K Kochi
9947662384
From India, Kochi
Dear Remesh,
It is true that the damages can be recovered by the Workman. But before that the company has to get approval from the appropriate authority ( in Kerala it is labour commissioner) all the Acts which are liable for fine and damages from the workmen salary. At the same time the company has to display the acts which is liable for fines and damages as per the prescribed format in the premises in which the employment is carried out. If the damages caused by the employee is mentioned in the list of acts liable for fines and damages, then the company can deduct the amount from the salary. If it is not mentioned then you cannot deduct the amount from the workmen.
The amount deducted shall not be more than 3% of the monthly salary given to the workmen. The amount deducted has to be deposited in the common fund for the welfare of the workmen.
From India, Kochi
It is true that the damages can be recovered by the Workman. But before that the company has to get approval from the appropriate authority ( in Kerala it is labour commissioner) all the Acts which are liable for fine and damages from the workmen salary. At the same time the company has to display the acts which is liable for fines and damages as per the prescribed format in the premises in which the employment is carried out. If the damages caused by the employee is mentioned in the list of acts liable for fines and damages, then the company can deduct the amount from the salary. If it is not mentioned then you cannot deduct the amount from the workmen.
The amount deducted shall not be more than 3% of the monthly salary given to the workmen. The amount deducted has to be deposited in the common fund for the welfare of the workmen.
From India, Kochi
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