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being late

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asked on Apr 2, 2013 at 19:17
by   samservai
what kind of action can be taken if employer deduct salary for late comers.recently my salary was deducted due to my lateness lately.this occur due to company action who have taken away company car without any notice.the employer have been practice this to all staffs .pls advise me .
rgds
sam
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2 Answers

answered on Apr 4, 2013 at 21:06
by   arun1011
Hi there

Is it specified in your contract or any of the Company's policies that salary can be deducted if you come late? If there is none, then you can consider the option of walking out on constructive dismissal for unlawful deduction of salary which would amount to a breach of the fundamental term of the contract of employment. However it would be first prudent to write a letter to the Company stating why you consider the action of the Company to be unlawful.
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answered on Apr 5, 2013 at 06:31
by   jasont80
Hi Sam

I think you have to separate the 2 issues here:
1. Car taken away
   - I don't think you can use this as an excuse for lateness unless the reasons are so compelling. Eg. suddenly taken away in the middle of the night and you woke up without any transportation and have to arrange for a taxi.
   - Assuming this is part of the benefits in your contract, then perhaps you have a claim here.

2. Salary deducted for lateness
   - Since you are more worried about salary deduction, there are ways for company to address tardiness and in the case it's repeated cases with sufficient warnings but without improvement etc. They can take action, including termination. 
   - I assume the salary deduction is per the hour that you are late for - I think to claim constructive dismissal will be tough unless it's permanent salary "reduction" without notice/investigation/domestic inquiry.

If my assumptions are right with the limited info given below, pls just go to work on time regardless of the car problem.
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