Legal Question in Employment Law in India

I worked in a company for 2.5 months.They had a policy of paying incentives of any month along with the salary of the next month.So on 14th August ,2015 (which was my last day in the office because I served a 15 days notice on 1st August,2015 which was accepted ) I got a mail on my official id stating that I had received an attendance bonus of ₹1350. So as per the policy of the company I was supposed to get this amount along with my pay for 15 days in August.I got my salary somewhere at the end of September but didn�t get any attendance bonus. I also wrote a mail to the client regarding the same but they told me that they wont be able to help in this matter as they have already paid the said amount to my company and that now its totally up to me and my employer. I asked my employer for the same but they didn�t pay any heed to this either. Not only this,on my offer letter the salary mentioned is ₹12500 after all deductions of PF and ESI, but they used to give me ₹11375. I asked the HR about the same to which they advised me to �Mind my own business�. How can they deduct money from my the in-hand salary mentioned in my offer letter? There are about 800 employees in this company and all of them are facing a similar problem. Although I did not work in this organization for a long duration,but I would really like to know if there is some legal procedure that I could follow to get my money back. Also, how much will be the cost if I approach to labor court because the amount is quite low..

Thank you..


Asked on 4/07/16, 1:33 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

07.04.2016

Dear Sir / Madam,

The Company remains liable to meet all its contractual commitments including employee's salary. It is not the quantum of the amount involved but a question of principle if the Company is adhoc deducting any amount(s) than committed to the employee(s) in writing without giving justification. You should request the Company in writing to justify the reason for withholding the difference amount of Rs. 1,125/- (which I guess may be on account of Profession Tax), from your monthly salary, else pay it to you along with the attendance bonus failing which you should file an FIR for "cheating" (Section 420 of the Indian Penal Code) in the local Police station against the Company. Police action is the cheapest, simplest, quickest and most effective step to resolve the matter.

Regards,

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Answered on 4/07/16, 4:35 am


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