Total pay-cut for on last 6 months shift allowances due to system error Total pay-cut for on last 6 months shift allowances due to system error

1 year ago

We have been working on shift for over a year now. Before starting shifts, our manager showed us a screenshot of the policy showing that the 1.30 pm to 11 pm shifts were legit. But according to the real policy shifts must overlap between 11 pm and 6 am. The part my manager mentioned was actually a part of a different portion of the policy non-applicable to the current scenario.

Now there was an error in the system portal that allowed my manager to assign a shift for us from 1.30 pm to 11 pm, which is not in sync with the real policy and should be available there. If the shifts were from 2 pm to 11:30 pm, it will be aligned with the policy but the current shift assignment was not.

Around 6-7 months passed and my manager continues to assign the same 1.30 pm to 11 pm shift and we were also receiving the compensation accordingly.
But then on Sep-28, we received an email stating that there was an error in shift assignment, and shift that was not according to the policy will be adjusted in the next payment cycle.
So, on the Sept-22 salary, the amount mentioned in the email was deducted. It was a huge amount as we worked for around 50+ shifts for the past 6 months.

Now the question is we were kept in the dark about all the policy-related issues. How do we suppose to know that the shift our manager was assigning was not legit? Even so, Why there was communication so late after 6-7 months when we already worked on the shifts?

We worked 50+ shifts, and get paid for the same, and then after 6-7 months my employer is coming and stripped us of the whole compensation showing a policy violation.

Kindly suggest what action should I follow as an Employee. I have already contacted my manager, and HR person but every time I am getting the policy violation as the reason and they are moving on.
Thank You.

Anik

Responded 1 year ago

View All Answers
A.Dear client,
It is advised to please elaborate on your employment details such as institution, whether public or private, along with your salary or wage being under Rs 18,000/- or above. This is because work organizations fall under the ambit of a variety of laws according to which the remedies provided to an employee varies to case to case.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 1 year ago

View All Answers
A.Dear Client
You need to specify where do you work, whether in private firm or government sector, since basis that the resolution may vary. If your organization is covered under the labour laws like Factory Act or Industrial dispute Act then you can approach the Labor Court with your issue. If not then you have to fight it out taking help of a lawyer.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconGovernment employee and private limited companty
Dear Client, As per Rule 43 of Kerala Government Servant Conduct Rules, 1960, (a) No Government servant shall speculate in investments. For this rule, the habitual purchase and sale of securities of n...
question iconLeave policy under labour law Karnataka shops and establishment act of 1956
Dear Client, Leave policy or rule varies on the applicability of an Act applicable to a particular establishment or organization. Under the Factories Act, 1948, one day of leave for every twenty days...
question iconJob interview
Dear Client, You have nothing to do in the matter. Selection of a person for a job solely depends upon the discretion of the employer where canvassing in any form is not allowed which may ultimately r...
question iconTermination while on sick leave
Dear Client, Of course, the action of the management is not legal at all. The relationship between an employee or workman and an employer is always governed by the respective law of the land and the v...
question iconUniversity not refunding fees
Dear Client, In the given situation, serving a legal notice to the concerned head of the respective deptt of the University, you can file a complaint under Sec.35 of the Consumer Protection Act, 2019...