Amount deducted from salary without any communication by the employer Amount deducted from salary without any communication by the employer

10 months ago

Am amount has been deducted from my salary under the head as "OTHER DEDUCTION"without any information/communication from my employer. Is it legal? What i have to do?

Anik

Responded 10 months ago

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A.Dear client,
This is illegal. An employer isn't legally competent to make deductions in salary except those provisions specifies under section 7 of the payment of Wages Act. Please go to the concerned labour commissioner and register your complaint
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,
An employer cannot make deductions from the salary of an employee of any kind except those specified under Section 7 of the Payment of Wages Act, 1936 which specifies the deduction towards, fines, absence from duty, damages or loss of goods expressly entrusted in the employed person, House-accommodation or other amenities or services that the employer provides, Recovery of Advances/loans, The income tax that the employed person is liable to pay, Any deduction under the order of the court or any other competent authority, Provident fund/ESI contribution, Payments that the employee makes to cooperative societies, Payment of premium of the life insurance policy to LIC if authorized by the employee, etc. As per Section 7(3) of the Payment of Wages Act, 1936, the total amount of deductions cannot exceed: i) 75 % of the salary/wages when the deductions are wholly or partly for payments to cooperative societies. ii) 50 % of the salary/wages in all other cases. So, if the deduction from your salary does not fall under the aforesaid heads of deductions as specified under the Act, then such a deduction may be termed as an illegal and unauthorized deduction. Reach out to the office of the concerned Labour Commissioner to file a complaint against the illegal deduction which is out of the ambit of the PW Act, 1936 for redressal of your grievance.
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