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Nickel Choudary (Manager)     10 October 2014

Part of salary is on hold for unknown reason

Dear Sir, 

I am working with a resort pvt ltd company in tamilnadu, I have not been given any letter except offer letter,

Part of my salary is being held as deposit & i have been communicated that the deposit amount will be refunded on my resignation. However the same is communicated verbally., Company is refusing to provide letter nor pay slip in regard with deposit. Kindly advice in this regard, How to proceed legally ? 

May i log a case against in this regard,  having correspondence of several emails made to employer ? 

Regards,

Srinivasagam 



Learning

 3 Replies

Kumar Doab (FIN)     10 October 2014

 

You have been given offer letter (letter of offer of employment) or appointment letter?

Did you accept it in writing?

Is it stated in offer letter (letter of offer of employment) or appointment letter that a part of salary shall be deducted as………………………..?

No deduction other than statutory e.g. PF, TDS, ESIC etc can be made from earned wages until or unless there is some valid private agreement between employer-employee.

Salary slip has to be issued at least a day before the disbursement of wages (on fixed pay day) and signed by both employer/employee, as per :

Payment of wages Act: Sec13A

Min. Wages Central Rules: Sec 26(3,4)

This employer is unworthy of being employed with so better change over and be with some employer with good HR practices.

You seem to have written some emails from your personal email id and hope you have the copies, hence you may be able to claim the protest on record, however show the matter to your Labor Law consultant/service lawyer, Employee’s/Trade union leaders…………………e.g. CITU,INTUC,AITUC,BMS………………

If many employees are facing same issue all employees may join hands and be a witness to each other.

Designation alone does not decide that a person shall be covered as 'Workman' as in  ID Act, as 'Employee' as in Shops and Commercial Establishments Act.

 

Your counsel may opine that you shall be covered as 'Workman' as in  ID Act, as 'Employee' as in Tamilnadu Shops and Commercial Establishments Act, and that you can approach:

Inspector  under Payment of wages Act

Inspector  under Tamilnadu Shops and Commercial Establishments Act

O/o Labor Commissioner

 

 


Attached File : 973131284 the%20tamil%20nadu%20shops%20and%20establisments%20act%2c%201947.doc, 973131284 payment of wages act 1936.pdf downloaded: 137 times

Nickel Choudary (Manager)     11 October 2014

Dear Kumar Daob, 

Thank you for your prompt help. I remember you have helped me earlier while I raised a query. FYI,  

 

Is it stated in offer letter (letter of offer of employment) or appointment letter that a part of salary shall be deducted as - It is not stated in offer letter. 

All emails communicated through official email. However i have a copy of same in my personal id. 

I understand my employer is unworthy and changing employer shortly. Thank you very much for your support on time. 

Regards, 

Srinivas

 

 

 

Kumar Doab (FIN)     12 October 2014

 

>>> In other threads:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=102866&offset=1#.VDlCeWeSwb8

 

 

https://www.lawyersclubindia.com/forum/Company-is-not-paying-my-salary-expenses-please-suggest-102899.asp#.U4iXckeBmXU

 

 

the rules have been explained.

You may club the points from all threads and proceed as deemed fit to you at your end.

 

 

>>> If no such deduction is explained and agreed upon by you then no deduction from earned wages can be made.

 

You have some written record with you but no relief is given by employer.

 

 

You can certainly report and complaint with lawful authority………………………..court of law……………..as party in person, thru your lawyer, thru trade Unions.


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