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[Cites 0, Cited by 0] [Section 12] [Entire Act]

State of Uttar Pradesh - Subsection

Section 12(3) in The U.P. Dookan Aur Vanijya Adhishthan Niyamavali, 1963

(3)
(a)Deductions may be made under clause (b) of sub-rule (1) only on account of the absence of an employee from the place or places where, by the terms of his employment he is required to work, such absence being for the whole or any part of the period during which he is so required to work.
(b)The amount of such deductions for absence from duty shall, in no case, bear to the wages payable to the employee in respect of the wage period for which the deduction is made, a larger proportion than the period for which he has absent bears to the total period, within such wage period, during which by the terms of his employment, he was required to work:
Provided that, subject to any orders made in this behalf by the State Government, if ten or more employees or where the total number of employees is 20 or less one-half of the total number acting in concert absent themselves without the due notice (that is to say without giving the notice which is required under the terms of their contract of employment), and without reasonable cause, such deduction from any employee may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of the notice.Explanation. - For the purpose of this sub-rule, an employee shall be deemed to be absent from the place where he is required to work if, although, present in such place he refuses, in pursuance of a stay-in-strike or for any other cause, which is not reasonable in the circumstances, to carry out his work.