Friday, January 7, 2011

Is it illegal to deduct pay for coming in late


Is it illegal to deduct pay for coming in late?
The main problem is that I work in peru for an american company. The technicians here at times come in late. So they put a new rule that says if we are 2 minutes late it's 5 soles (currency here, like $5) deducted from salary and plus we have to make up the time and 10 minutes is 10 soles deducted. The problem is too, we don't get paid enough for all the stress we go through and I've been here nearly two years and never got a raise but am now making less then when i got started due to the major dollar drop and other BS with this company! I only make $2.40 /hour and that's lower now when I calculate. I've tried everything I know to please the boss, sent email for recommendations and even personally asked for a raise but just got lied to and I never seen it. I just want to know if it's illegal and can I use this rule to blackmail the owner in giving me a raise or I sew! I have no where else to go and they know that. I'm tired of the abuse and plus I'm the only american working in the technician department and they want me to take calls to help technicians in the states and sometimes customers because they don't know we are in peru. The company hides this Information from all the customers. Please help me!! thanks. if I come in 2 hours late, call in to notify, they will deduct 10 soles from my account and the hours missed unless I make them up.
United States - 3 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Unless you are on salary, then you only get paid for the time you work. So if you are late, you get docked. Perfectly legal. Now to dock you AND make you make up the time, no they can't do both. Bcaasue then they are not paying you for time worked.
2 :
you will have to check any labor laws of Peru, US laws would not apply but in the states if a time clock is used, the hourly wage earners are paid for the time they have on the clock, if they are 2 hr late, they don't get paid for those 2 hrs and the employer possibly would have his own set of rules which he provided you in some kind of employee booklet outlining any penalties he might impose for tardiness and he is within his rights to do so but this is the US, not Peru
3 :
This is a matter of Peruvian labor law, not US tax law. The rule in the US would be that you must be paid no less than the prevailing minimum wage for the time actually worked, or your previously agreed upon hourly wage for the time actually worked, whichever is greater. Peruvian law may well be different, and since you live and work in Peru that's the law that will apply.