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finance nitin   11 November 2023

Illegal salary deduction

In Delhi, Kirti nagar, My employer deduct illegal deduction from my wages. What can I do to prevent it and how can I reclaim it? Employer does not provide salary slip, or any other account of deduction.



Learning

 7 Replies

Heet Shah   11 November 2023

You can complain the labour union  But you will need to prove that you worked as labour with such organisation.

T. Kalaiselvan, Advocate (Advocate)     11 November 2023

If you have documentary evidences of your eligible salary and the illegal deduction, then you can issue a legal notice to the employer demanding the payment of the illegally deducted salary amount and after that you can make a complaint with the labor commissioner about such anti employee activities by the employer and against the provision of the labor law.

before that you can try to get the issue solved amicably to exhaust the remedies before escalating the issue through legal forum.

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR)     11 November 2023

Please file a complaint to The Labour Commissioner  .....as they are supposed to take action

in case of irregularity/failure for payment of wages under relevant Rules.

dr vedula gopinath vgnath@gmail.com

Dr. J C Vashista (Advocate )     12 November 2023

Approach Deputy Labour Commissioner Karampura, New Delhi with relevant records. It would be better to seek services of labour union or a local prudent lawyer.

Sudhir Kumar, Advocate (Advocate)     13 November 2023

No option pother than labour commissioner (as far as wages are concerned)

 

but

 

  1. whether he is employig 20 or more person then whether PF deducted/deposited.
  2. whether he is employig 10 or more person then whether ESI deducted/deposited.

P. Venu (Advocate)     17 November 2023

What is the nature of the deduction made and how it is illegal?

What is the type of organisation? How many persons are employed?

Ritesh Maity (Labour Law Advocate)     19 November 2023

If your employer falls within the scope of Shops and Establishment Act, then you may claim the unpaid wages by filing FORM N before the Ld. Referee under the Shops & Establishment Act. Mostly the local labour commissioners act as Referee which adjudicating claims of unpaid wages.


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