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Rules 17 and 18 of the Code on Wages (Central) Rules, 2026: Deductions for Absence and for Damage or Loss

Rule 17 covers the deduction in the proviso to section 20(2) (ten or more employees absent in concert without notice). The employer intimates electronically or in writing, seeking...

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Labour Laws
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October 1, 2026
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Last updated: October 2026Verified against: Government sources

Rules 17 and 18 give the procedure an employer must follow before deducting wages for certain absences and for damage or loss. In both, the employer first tells the employee, giving seven days to reply; deducts only after the charges are established, within the fifty per cent cap of section 18(3); and, if no reply comes, deducts and then informs the employee within fifteen days of the deduction. A payroll compliance audit will show whether your deduction notices and payslips meet this procedure.

The sections behind these rules

Section 18(2) allows deductions only for listed purposes: among them absence from duty (clause (b)) and damage to or loss of goods expressly entrusted to the employee, or loss of money for which he must account, where directly attributable to his neglect or default (clause (c)). Section 18(3) caps total deductions in a wage period at fifty per cent of the wages. See section 18.

Section 20 limits an absence deduction to the proportion of wages that the period of absence bears to the period the employee was required to work. Its proviso, subject to any rules made, lets an employer who faces ten or more employees acting in concert absent without due notice and without reasonable cause include in the deduction an amount "not exceeding his wages for eight days" as may be due to the employer in lieu of notice. See section 20.

Section 21 says a deduction for damage or loss (under clause (c) or (n) of section 18(2)) shall not exceed the damage or loss caused by negligence or default, shall not be made until the employee has been given an opportunity of showing cause, and must follow the prescribed procedure; deductions and realisations are recorded in a register. See sections 21 and 22.

Rule 17: intimation of deduction for absence

StepText of the rule
ScopeA deduction "in pursuance of the proviso to sub-section (2) of section 20"
1Employer intimates electronically or in writing the employee's intention to deduct, seeking a reply within seven days
2On establishment of charges, deduction is made from wages "in accordance with sub-section (3) of section 18"
3If no reply within seven days, the employer makes the deduction and intimates the employee within fifteen days of the date of such deduction

What the rule covers, and what it does not. Rule 17(1) is tied by its own words to the proviso to section 20(2), the concerted absence case. An ordinary deduction for absence under section 20(1) and (2), proportionate to the absence, is not mentioned in rule 17. The text does not say whether the seven-day procedure also applies to those. A cautious employer would give notice in both cases, but the rule as printed speaks only of the proviso.

Illustration (hypothetical). Twelve employees stop work in concert without the notice their contracts require and without reasonable cause. The employer sends each an intimation, by email or in writing, stating the intended deduction and asking for a reply within seven days. If an employee gives no reply, the deduction is made from the wages and the employee is told within fifteen days of that deduction. The amount in lieu of notice cannot exceed that employee's wages for eight days (section 20 proviso), and total deductions in the wage period stay within fifty per cent.

Rule 18: procedure for deduction for damage or loss

Rule 18(1): an employer intending to deduct under section 21(1) "shall give the employee an opportunity to submit explanation within a period of seven days, showing cause, the value of the damage caused or loss of goods expressly entrusted to the employee".

Rule 18(2): on establishment of the charges, the deductions are made in accordance with section 18(3).

Rule 18(3): if no reply is received within seven days, the employer makes the deduction and the same "shall be intimated to the employee within fifteen days of the date of such deduction".

Drafting slip: rule 18(1) mentions "damage caused or loss of goods expressly entrusted". Section 21(1) applies to deductions under clauses (c) and (n) of section 18(2), which also include loss of money for which the employee must account (clause (c)) and railway administration losses from incorrectly granted rebates or refunds (clause (n)). The rule's wording is narrower than the section; read it as covering the whole of section 21(1), since the section's procedure applies to all of it, but the printed rule speaks only of damage and loss of goods.

Conditions that come from the Code

  • The deduction cannot exceed the amount of the damage or loss caused to the employer by the employee's negligence or default (section 21(1)).
  • It must be directly attributable to neglect or default (section 18(2)(c)).
  • It is recorded, with realisations, in a register: see rule 51(3), which names Form IV.

Common points in both rules

  • Seven days is the response period in both; fifteen days is the post-deduction intimation window.
  • Both refer to section 18(3): the fifty per cent cap and, through rule 13, the carry-forward of any excess; see rules 13 to 16.
  • Neither rule says who adjudicates when the charges are contested, or how the employer should record "establishment of charges". Keep a written record of the explanation received and why it was accepted or not.
  • Neither prescribes a form for the intimation; email or a signed letter will do ("electronically or in writing").

Need help setting up a deduction workflow?

An informal salary cut for absence or loss is a common source of claims. Our payroll compliance audit team can put in place notice templates, response tracking and register entries so that each deduction follows rules 17 and 18 and the fifty per cent limit.

Key takeaways

  • Rule 17 applies to the section 20(2) proviso (ten or more employees absent in concert); rule 18 to section 21(1) damage or loss.
  • Give notice, electronically or in writing, with seven days to reply.
  • Deduct only after charges are established, within the fifty per cent cap in section 18(3).
  • If no reply, deduct and intimate the employee within fifteen days of the deduction.
  • The deduction cannot exceed the loss caused.

Read next

Disclaimer: Based on the Code on Wages, 2019 (as enacted) and, where noted, the Code on Wages (Central) Rules, 2026 (G.S.R. 343(E), 8 May 2026), as on 1 October 2026. The Code is in force from 21 November 2025; State Governments make their own rules for establishments where the State is the appropriate Government, and wage rates are notified separately. Verify the current position before acting.

Quick recapKey facts & short answers

Key Facts About Rules 17 and 18

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

How long does the employee have to reply under rules 17 and 18?

Seven days.

What if the employee does not reply?

The employer makes the deduction and intimates the employee within fifteen days of the date of the deduction.

Rules 17 and 18: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Seven days.

The employer makes the deduction and intimates the employee within fifteen days of the date of the deduction.

Its text refers to the proviso to section 20(2), the concerted absence case. It is silent on ordinary proportionate deductions.

No. Section 21(1) caps it at the damage or loss caused by the employee's negligence or default.

Yes. Fifty per cent of wages in a wage period under section 18(3); rule 13 carries the excess forward.

In the register in Form IV (rule 51(3)).