Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

I have receive a notice from my company calming there internet usage was high during my employment

(Querist) 23 August 2014 This query is : Resolved 
hi,

Kindly advice me on the below my ex company is calming my 8 days salary stating that i have done 30 GB OF inter Usage in 9 Days and ,is it possible??? and opening fashion website in official laptop on off office hours is illegal below are the clams from my company

"mail from my company is copied below"
>a) You have misused used the official Laptop given to you for Official
work for personal use . Your Laptop internet history has the following
registered

Your visit to various Job and Fashion sites.

2) You have downloaded TV serials during office working hours

3) There are passport applications uploaded. Passport is not our line of
business then what were you uploading ?


>b) This month Airtel has advised that our utilisation has exceed the
>30GB limit before the monthly billing and our internet access was affected.
>You were the only staff in the office for full time this month as Rahul was
>unwell for a few days. We have been billed additional charges.


>Your salary for 8 days is forfeited against the Internet billing .

kindly advice how do i revert back to them on the above points
ajay sethi (Expert) 23 August 2014
if you have surfed internet during office hours and visited other websites dont raise any grievance
Rajendra K Goyal (Expert) 23 August 2014
If you have done so, and if the recovery from salary is more than the bill, request to recover only the excess billed amount.
Kumar Doab (Expert) 23 August 2014
If charge is wrong or unjustified :::::Decline to accept the charge and forfeiture.

Was there any agreement to this effect that you shall use the laptop for………………………sites only?

Was there any private agreement that earned wages can be deducted in case of…………………………?

The company shall have to establish the misuse and relate it with BILL also.

The company has only claimed excess charges by the internet service provider and claimed it is equivalent to 8 days salary……………….

You can arrive at 8 days salary ( monthly wages/26*8).

Is the actual excess charges = 8 days wages?


The Payment of Wages Act, Shops and Commercial Establishments Act, Standing Orders describe the deductions that can be made. Until or unless there is a private agreement between employer and employee deduction other than described can't be made.

The penalties/deductions thus made are kept in 'Employee Welfare Fund'.


Have your worked OT? If yes claim it.

In future don't use company's internet for downloading Passport applications, fashion sites etc.
malipeddi jaggarao (Expert) 24 August 2014
it is a clear case of misuse of facility. When company points out this and contemplates to deduct the wages, according to me, it is better to accept and leave the issue.
Don't you know that opening private sites during working hours is breach of conduct or not? Why to fight on wrong foot, better you allow deduction.
M V Gupta (Expert) 25 August 2014
I agree with Mr. Jagga Rao. Down loading TV serials etc and browsing private sites on the internet which have no connection with ur official work, if done by you, is clear misconduct on ur part. The fact that the lap top is given to u to do official work on it implies that u are not permitted to use the lap top for other purposes. While u may not protest against the notice given to u for forfeiture of 8 days salary, take care that u are not fired from service for grave misconduct.
T. Kalaiselvan, Advocate (Expert) 29 August 2014
The experts have addressed the issue well, nothing more to add.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :