Company asking money under the name of Laptop deduction
3 months ago
My company is asking me to pay Rs 70000 for laptop under 'asset on hold 'category in F&F settlement. The thing is I do not possess any company laptop. I had kept the laptop in the company drawer before I went on unpaid medical leave. That leave got extended for 2 months as I was unwell. During this period the I was released from the project and was put on bench. Hence when I joined back I was on bench. During bench also no laptop was assigned to me. I resigned from the company a month back and now they are asking for the laptop amount of 70k saying that they have not received the laptop. However after registration I got all the clearances from the respective departments including the asset department which states that the company assets have been recovered by the company and hence I was provided the clearance mail. Kindly help me and let me know what needs to be done next as they are not accepting my request and asking me to pay 70k otherwise they won't release the experience letter.
From the contents of your query, it prima facie appears to be a clear case of victimization and unfair labour practice on the part of the Company. When you tendered your resignation following the terms of the offer/appointment letter than on acceptance of your resignation, the relationship between employee and employer gets severed/seized and on cessation of employment either on resignation or otherwise, except for proven misconduct, an employer cannot withhold the relieving letter or experience certificate of the employee and F & F Settlement dues without any valid reason which amounts to unfair labour practice. In the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action of the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming F & F Settlement dues from your employer within one year from the date on which the money became due. However, in case you are holding the position of Manager/Supervisor in the Company, you have to file a civil suit before the Civil Court for appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal / Labour Court/Civil Court, you may contact our legal team with the relevant papers.
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