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santosh kondam   29 July 2024

Confidentiality of employees salary

Dear Seniors,

We have received legal notice from the wife of one of our employee to share the salary details with her for her husband. When I approached her husband (our employee) for his wife's demand of salary details, he asked me to not to share details with her as she has applied for divorce from him.

Is it compulsory for us to share salary details to her if she has served lawyers notice to us for the same.

Kindly advise.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     30 July 2024

The lawyer's notice is not an order by court that the employer has to comply with the instructions/demands made.

The employer can politely refue to divulge the information and can inform the lawyer to approach court and return with a court order to furnish the desired information.  The court order will enable the employer to furnsih the salary details or any other details as directed by court.

You do not have to oblige to this request sent through lawyer's notice

Sudhir Kumar, Advocate (Advocate)     30 July 2024

You have not intimated that whether you are govt organisationor not.  If you are govt/semi-govt organisation then your action is fully illegal.

In this circumstances it is apparent that :-

(i) your employee intends to deceive his wife and the court by hiding his income. 

(ii)In all probability he may have made a false claim.

(iii) His wife wants to contradict his claim and truth to come to the Court.

You cannot in this situatipn expect his wife bhy your simple refusal.

If you wre a govt/semi-govt organisation, then this miscpnduct if proved was sufficient for throwing him out of service.

If you are not a govt/semi-govt organisation you can consutl your own standing order or code of conduct.

In either case the reason advance by your emplpyee (his wife having filed divorce),  is not a sufficient to perpetually deny the information nor you have obligatipon or permision to hide iformation for ever.

 

Now you have two options:-

 

Option -I

to provide informatipon to her and convince your emplloyee that 2+2=4.

Option-II

compell the lady to get the record summoned to the court (whereever in India the case is ). Then you prepare the record. Send you man to court by paying his TA/DA (or he may take the meagre amlout submitted in Court by applicant).

Your man to travel, regardless of availability of confirmtable  and wheather.

Your man to in any case be availble in the court on the summoned date at 10.00 am and keep standing there till called by 5.00 pm.

Your man to repeat the above exerise again, if the mater gets adjourned (due to one rasons or the other) without his evidence.


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