Inlawfull deducton & false blame issue
Vinita
(Querist) 25 March 2016
This query is : Resolved
Hello Sir,
I need your advice on below Queries:
1)I was working with Pvt. Ltd Firm located at Pune. I had resigned on 21st Feb 2016. Now for Full & Final settlement, my former owner cum lady director deducts 10.5% for pending Form C tax difference amount for FY. 2015-16. this is for running year has Form C takes time to come. She deducts this for Sales Inquiries allocated to me for sales co-ordination. She offered 5% incentive on basic amount of invoice. For sales against Form C, she already retained 2.5% incentive. She never informed about this deduction before or I have not signed any docs to agree this term. She made this rule in one night at the time of my full & final. Pls advice
2)Secondly, I left her company because of her harassment. She made false blame on me that there is discrepancy in stock which in my concern. She mailed me & holds my Jan 2016 salary for that. Me & co. auditor reconciled all stock. There is no discrepancy found. Then we informed her (Director) to check it for her satisfaction. But has she well aware of that there is no stock difference, she neglects the issue & just passed time & my salary still hold. This mail, regarding stock & my salary holding, she sent all other employees also. It hurts my image & I am facing financially also mentally stressful. Can I make this is case of defamation?
waiting for your valuable advice.
Thanking you
vinita
Adv. Yogen Kakade
(Expert) 25 March 2016
According the facts you have mentioned, it seems that it was the intention of your employer to make you resign from your employment. According to the facts available it shall not be possible for you to file a defamation case against her. But certainly you can send a legal notice demanding the due amount along with interest and the compensation if any. The terms mentioned in the agreement need to be seen for that purpose. You can also send the copy of the notice to the Labour commissioner of Pune to take action against the company and it's directors.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 9225510883 / 020-65248888
Vinita
(Querist) 25 March 2016
thanks you sir
this advice is very valuable for me.
Rajendra K Goyal
(Expert) 25 March 2016
Send notice claiming your dues and in case notice not adhered to, adopt legal action / file case for your dues.
