Labour - deduct or withhold the salary of an employee
4 months ago
I am a part of a Company and, I wanted to know if I can deduct or withhold the salary of an employee who has exhausted his allowed leaves and is working from home and not coming to office by giving sick leaves notice. Despite previous discussions and requests to adhere to a normal working schedule, he continues to exhaust his leave balance by providing sick leave notice.
A.Dear Client,
When an employee reports sick but continues with work from home, an employer cannot deduct or withhold his salary unless his entire leave is exhausted. But on the grounds of continued ill health, an employee may be discharged from the service based on medical reports submitted by the employee himself in support of his illness or of a duly constituted medical board or a civil surgeon of the state hospital serving him a notice of discharge and payment in place of notice. Such a discharge cannot be termed as retrenchment as defined under Sections 25F, 25G and 25H of the Industrial Disputes Act, 1947. Discharge of an employee will not constitute retrenchment if done on the grounds of continued ill health. since the discharge itself cannot be brought under the definition of retrenchment, the provisions of Sections 25F, 25G and 25H of the Act do not apply. So, you can ask the employee to report for his medical checkup from the assigned medical board/hospital for further extension of leave on medical grounds. In case he disobeys the employer's instruction, treating that disobedience as misconduct, management can initiate disciplinary action against the employee and terminate his service if the charge leveled against him is established against him in the course of a domestic inquiry. or else if he complies with the instructions appears before the medical board for a medical check-up and the medical report does not recommend for further extension of leave on medical grounds and despite that medical report if the employee did not report for his physical duty that also constitutes misconduct on his part and liable to face same consequences for unauthorized absence from duty. So, based on the circumstances, an employer has to deal with the matter to ensure its actions are litigation-free.
When an employee reports sick but continues with work from home, an employer cannot deduct or withhold his salary unless his entire leave is exhausted. But on the grounds of continued ill health, an employee may be discharged from the service based on medical reports submitted by the employee himself in support of his illness or of a duly constituted medical board or a civil surgeon of the state hospital serving him a notice of discharge and payment in place of notice. Such a discharge cannot be termed as retrenchment as defined under Sections 25F, 25G and 25H of the Industrial Disputes Act, 1947. Discharge of an employee will not constitute retrenchment if done on the grounds of continued ill health. since the discharge itself cannot be brought under the definition of retrenchment, the provisions of Sections 25F, 25G and 25H of the Act do not apply. So, you can ask the employee to report for his medical checkup from the assigned medical board/hospital for further extension of leave on medical grounds. In case he disobeys the employer's instruction, treating that disobedience as misconduct, management can initiate disciplinary action against the employee and terminate his service if the charge leveled against him is established against him in the course of a domestic inquiry. or else if he complies with the instructions appears before the medical board for a medical check-up and the medical report does not recommend for further extension of leave on medical grounds and despite that medical report if the employee did not report for his physical duty that also constitutes misconduct on his part and liable to face same consequences for unauthorized absence from duty. So, based on the circumstances, an employer has to deal with the matter to ensure its actions are litigation-free.
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A.Dear Client,
Deducting or withholding an employee's salary requires careful consideration of employment contracts, company policies, and labor laws in your jurisdiction. If the employee has exhausted allowed leaves and is consistently taking sick leave without adhering to a normal working schedule, it's essential to review your company's policies regarding attendance, remote work, and leave management. Communicate with the employee to understand the reasons for extended sick leave and try to find an amicable resolution. If necessary, consult with HR and legal professionals to ensure compliance with labor regulations and company policies. Implementing fair and transparent measures is crucial to maintaining a positive work environment and avoiding potential legal issues.
Thankyou
Deducting or withholding an employee's salary requires careful consideration of employment contracts, company policies, and labor laws in your jurisdiction. If the employee has exhausted allowed leaves and is consistently taking sick leave without adhering to a normal working schedule, it's essential to review your company's policies regarding attendance, remote work, and leave management. Communicate with the employee to understand the reasons for extended sick leave and try to find an amicable resolution. If necessary, consult with HR and legal professionals to ensure compliance with labor regulations and company policies. Implementing fair and transparent measures is crucial to maintaining a positive work environment and avoiding potential legal issues.
Thankyou
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