Recovery claim for deduction for late coming to office

Did the employer ever notify you for excess payroll payment/overpayment and plan to deduct the amounts in next disbursement?

Were you actually late?

Did you work extra hours on any day e.g. 48 hous per week if you are expected to work for 8 hours/day.

Raise your claim for OT.

My job resposibility is of frequent feild travel & I was promised a flexible worktime with set of responsibility which I was suppose to do irrespective of time taken (No written proof as everything was verbal) .

It is a small promoter company with no predefined process or HR department  & everything role back to promoter who happens to be MD. In case he decide, he can always say that I was habitual late comer because it would be difficult for me to prove that I was on feild  that day or was assured flexible time. Actually he always knew that I was doing a very good job  as he daily takes feedback / followup on my daily activities & results. Had he found me late, he could have issued written letter to me.

My argument is that if he felt I was doing wrong , why did he not  terminated me for last so many months. I have become carefull now & trying to document whenever I am out on office work & ensuring that otherwise I reach on time (  irrespective of his assurance of flexitime when he interviewed me as I do not have any proof of that & he is refusing to accept that any such thing was agreed). In fact flexitime was one of the reason I joined him inspite of the fact that he was paying less that what I could have got in other companies.

Everything was fine till he became aware that I was looking for job change. He is using this as a threat to retain me in the company saying that if I leave, he will raise a huge recovery on me based on these kind of allegation & ruin me & my carreer.

The employer shall have to prove the charge.

Whenever you separate obtain proper FNF statement, form 16, acceptance of resignation, work experience/service certificate and reliving letter.

Thanks Kumar Doabji,

But that is his exact threat, that when-ever I resign, he will claim that I was always late to office & ask that amount in F&F settlement & unless I pay that amount, he can always refuse to issue all these documents to me. Thus neither will I be able to  pay these huge amounts , neither he will be required to release me ( he will claim that I was late for more than 15 days in a month for last two years & ask for half the salary he would have paid in last two years running in Lacs) .

My query is , can't I question this  on the ground that if was so persistant late commer , why was no notice issued to me or my services terminated. Also he can claim that he forgot to deduct for one month or two.  But how can he claim that he forgot for months together & became aware of it only once I resigned.

-thx,

Employee should record such transactions (audio/visual) and if possible keep evidence of witness.

Salary is not prepared just like that. salary is prepared after referring to attendance.

Even a lala ki dukan may be covered under acts and must keep and maintain record. If there is no process of marking attendance, submitting work reports employee is not at fault.

 Few things are easy to say but difficult to prove.

If employer levels any charge you may approach a competent and experienced service lawyer.Let your lawyer handle the matter and you can focus on your career.