Is it legal to deduct salary for lateness under policy?

Hi, I’m a global HR manager in Korea, and I have an Indian subsidiary where lateness is frequent. I’m considering a late penalty policy where employees get warnings for up to 3 instances of lateness per month, and salary deductions will apply for more than 3 instances, proportional to the time late. I’d like to know if it’s legal to deduct salary this way and whether we can replace the clause in the employment contract with a separate "consent for deduction" document to avoid contract revisions. Thank you for your help!

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Advocate By LEAD INDIA Answered: 03 Feb 2025

Sir, in India, salary deductions for lateness can be legal if clearly stated in the employment contract, as long as they comply with labor laws and are not punitive beyond what’s reasonable. However, it's advisable to consult local legal counsel to ensure compliance with Indian labor laws. Replacing the clause in the contract with a separate "consent for deduction" document could be feasible, but it’s best to seek legal advice to ensure enforceability. For further legal assistance contact us on our helpline number.
 

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