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Code on Wages, 2019 · CHAPTER III — PAYMENT OF WAGES

Section 20: Deductions for absence from duty

Permits proportionate deduction for absence and addresses concerted absence without due notice in specified cases.

Operative frameworkSource review: 16 July 20261 linked Central Rule(s)

Statutory identity

ProvisionSection 20
Subjectwage payment and deductions
Primary authorityAppropriate Government / employer / notified authority, according to the provision
Official textOpen section ↗

What the provision requires

Permits proportionate deduction for absence and addresses concerted absence without due notice in specified cases.

Implementation control: Use attendance evidence and the exact wage-period denominator; distinguish absence, authorised leave, suspension and employer lockout.

Provision-level reading sequence

  • Read each subsection, clause, proviso and explanation in the official text.
  • Apply section 2 definitions before testing the obligation or exception.
  • Identify the appropriate Government and the applicable Central or State rule.
  • Check commencement, section-specific notifications and saved predecessor-law instruments.
  • Document the factual test and the evidence supporting the conclusion.

Provision map — subsection, clause and qualification

This map decomposes the section into its operative tests. Use the linked India Code text for exact numbering and wording.

Absence basis

Deduction is proportionate to the period of absence from the place where duty is required.

Concerted absence

Special treatment may apply to specified concerted absence without due notice.

Classification

Distinguish absence from authorised leave, employer non-provision of work, suspension and lockout.

Evidence

Attendance and wage-period calculation must support the amount.

Linked Code on Wages (Central) Rules, 2026

Authority, form and filing map

AuthorityAppropriate Government / employer / notified authority
Central forms detectedNo prescribed form is expressly referenced in the linked Central Rule text detected for this section. Verify State rules and later notifications.
State overlayCheck State rules where State Government is appropriate
Review date16 July 2026

Evidence pack

  • payroll register and wage slip
  • attendance and deduction authorisation
  • bank advice/payment file
  • employee notice/response where required

Compliance consequence

An unauthorised or procedurally defective deduction can be ordered to be repaid, with compensation and related enforcement exposure.

Remedy path: identify the claims authority, appellate authority, adjudicating officer, Inspector-cum-Facilitator or criminal court applicable to the issue.

Worked example

Before acting on deductions for absence from duty, the employer records the applicable Government, employee category, operative instrument, calculation or procedural step, reviewer approval and evidence of completion.

Illustrative only. Apply actual wage notifications, contracts, dates, State rules and evidence.

Practical Q&A

Can an employment contract override this section?

Not where the contract reduces a statutory entitlement. Sections 60 and 61 must be considered, including any more favourable award, agreement or contract.

What should be checked before payroll or HR action?

Confirm coverage, appropriate Government, operative rate/order, the exact subsection and proviso, linked rule, evidence, approval and payment/filing deadline.

Primary sources

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Reliance note: Read the current Gazette/India Code text, the applicable Central or State rules and later notifications before acting. This repository is educational and does not replace matter-specific legal advice.