One month salary deduction after serving notice piriod
RAJIB RATAN MISHRA
(Querist) 08 September 2014
This query is : Resolved
Dear Sir (S),
I was working with SEW Infrastructure Limited from December 2013 to August 2014.After 6 month also i have not recived my confirmation letter.And during that period I have resigned and served 15 days of notice as per the agreement. But after one month also SEW is not paying my F&F amount and the concerned HR told that they will deduct my one month salary .
But as per law after serving my notice they should not deduct salary . What shall I do ? How to file a case against them.
Regards
Rajib 9800388144
Kumar Doab
(Expert) 08 September 2014
You have asked verbally or in writing under proper acknowledgment?
They have said or they have supplied FnF statement and deduction is shown?
If your service as not confirmed in writing and the confirmation order was not supplied to you and accepted by you then you are not confirmed.
The notice period of 15 days too.............................may not necessarily be applicable in your case.
You may go thru:
http://www.lawyersclubindia.com/experts/Regarding-notice-period-494396.asp#.VAxs-cKSwb8
and each of other threads mentioned in it and pick up relevant points from attachments and judgments too.
Approach your Labor Consultant/Service lawyer and proceed under the expert advice of your lawyer.
RAJIB RATAN MISHRA
(Querist) 08 September 2014
Dear Kumar sir
Thanks for the reply. I have spoken to the concern HR verbally & sent a mail to them.
In verbal I got to know about the deduction.
today is one month from the day of the relieve letter received by me .
sir I had signed the blank F&F format and told them to put the figure at the time of relive .
What should i do. My HR manager is not receiving my call.
I have following document with me regarding this :
Mail of resignation
Relieving letter duly signed
Regards
Rajib
Kumar Doab
(Expert) 08 September 2014
1. If you take it positively then would you post:
(i) Who advised you to sign on blank F&F format and be so generous to ask them put whatever/any figure/any statement they want?......................e.g. Your lawyer, competent and experienced well wishers,employee's union leaders, trade union leaders, elders in the family, spouse etc..............
Instead of being so generous with the gentlemen that do not answer your calls, emails now ...............................you should have been careful for yourself and your near and dear ones and should have consulted consulted Your lawyer, competent and experienced well wishers,employee's union leaders, trade union leaders, elders in the family, spouse etc..............
(ii) Relieving letter signifies nothing is due at the end of employee......................hence nothing is pending to be done by you.
(iii) Record all calls and meetings (audio/visual) and submit minutes preferably as drafted by your Labor Consultant/Service lawyer........
2. If any one say HR personnel has extracted your signature on blank form/paper then he is culprit.
3. If you have signed on a blank paper/format and any one say HR personnel has accepted your signature on blank form/paper then he is culprit.
4. If you have signed on a blank paper/format and any one say HR personnel has accepted your signature on blank form/paper and then has inserted entries (wrong or right) without posting you and without supplying you the copy by effective mode of communication then he is culprit.
Demand certified copy of it by redg. post only.
5. If you have signed on a blank paper/format and any one say HR personnel has accepted your signature on blank form/paper and then has inserted wrong entries then it is fraud/criminal offence.
6. It has already been pointed out that notice period of even 15 days may not be applicable to you ( leave apart 30 days as claimed by HR person) and your lawyer may opine that even 15 days notice pay can not be claimed from you ( leave apart 30 days as claimed by HR person...........VERBALLY).
Thus even if you have signed blank FnF form the claim of deduction/adjustment by establishment may not survive.
Your lawyer may opine that Employer PERSONALLY may be held responsible for such act.
Approach your labor consultant/service lawyer with confidence.
Rajendra K Goyal
(Expert) 08 September 2014
Well advised by the expert Kumar Doab, agree to it.
Kumar Doab
(Expert) 09 September 2014
Thank you Mr. Goyal, Mr. Makkad.
