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Salary deduction for not serving notice period
2 weeks ago
I resigned job in my previous company, I worked in there 6 months and they deducted my 15 days salary. But they never mentioned about notice period in offer letter, even they never provide any offer letter to me, I asked many times for offer letter when I joined, they didn't provided. Now they deducted my salary for not serving notice period. I didn't sign any contracts too. How can I take action on them? Pls help
A.Dear Client
Send them a legal notice for the wrongdoing that they have committed with you and seek a the refund of the wrongfully debited salary.
Send them a legal notice for the wrongdoing that they have committed with you and seek a the refund of the wrongfully debited salary.
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A.Dear Client,
Apparently, it is an exemplary example of unfair labour practice, many employers adopted to deprive an employee of his legitimate claim or service-linked benefits across the country. In the absence of a contract of employment, there exists no relationship between the employer and the employee and the employer takes the opportunity to exploit the career of an employee. However, such an unfair practice can be challenged if the employee provides sufficient evidence and proof of his engagement or employment in an establishment. A few pieces of evidence like salary slips, bank statements showing the credit of monthly salary, deduction EPF or ESI contribution etc can prove your claim well before the Authority or Court. So, in the given situation, serving a legal notice to the employer/company, and filing a complaint before the State Labour Commissioner can resolve the dispute provided you are a workman as defined under Sec.2(s) of the I D Act. Additionally, you can file an application before the State Labour Court under Sec.33C(2) of the Industrial Disputes Act, 1947 claiming your dues(15 days short payment) from the company. Otherwise, if you were holding the position of Manager or Administrative Officer in the company then you have to file a civil suit against the company for recovery of your dues.
Apparently, it is an exemplary example of unfair labour practice, many employers adopted to deprive an employee of his legitimate claim or service-linked benefits across the country. In the absence of a contract of employment, there exists no relationship between the employer and the employee and the employer takes the opportunity to exploit the career of an employee. However, such an unfair practice can be challenged if the employee provides sufficient evidence and proof of his engagement or employment in an establishment. A few pieces of evidence like salary slips, bank statements showing the credit of monthly salary, deduction EPF or ESI contribution etc can prove your claim well before the Authority or Court. So, in the given situation, serving a legal notice to the employer/company, and filing a complaint before the State Labour Commissioner can resolve the dispute provided you are a workman as defined under Sec.2(s) of the I D Act. Additionally, you can file an application before the State Labour Court under Sec.33C(2) of the Industrial Disputes Act, 1947 claiming your dues(15 days short payment) from the company. Otherwise, if you were holding the position of Manager or Administrative Officer in the company then you have to file a civil suit against the company for recovery of your dues.
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A.Dear Client,
It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice through an advocate since even the notice period is not required if there is no formal acceptance letter.
It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice through an advocate since even the notice period is not required if there is no formal acceptance letter.
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