Can company claim some lost materials amount from my f&f settlement
Shuvankar
(Querist) 18 August 2014
This query is : Resolved
Dear Sir,
I am working in a LTD company for last 5 years, & now I have resigned. But I came to know that, company is planning to put some of its lost materials (which were lost from my area, but were not issued to me)recovery on my full & final settlement. I want to know, is it possible for company to lay this type of recovery on any employee, where those materials were not issued to him.
Kumar Doab
(Expert) 18 August 2014
If the material was not issued to you on record then company may not succeed.
However if it is determined it may level a charge and put the burden to prove on you.
The amounts that can be deducted from earned wages are well defined in enactments like Payment of Wages Act, Shops and Commercial establishments Act..........
For any other amounts there has to be a private agreement between employer-employee or company has to conduct enquiry and issue speaking order for recovery.
Rajendra K Goyal
(Expert) 18 August 2014
If the material was not supplied to you and the amount is recovered, send the legal notice for the same and move to court if no action on legal notice.
Sudhir Kumar, Advocate
(Expert) 19 August 2014
Not able to agree or disagree.
please come clear with facts:-
(i) what was the material
(ii) what was your position
(iii) when the loss occurred
(iv) has any explanation been sought.
H.M.Patnaik
(Expert) 07 September 2014
Answer to Sudhir Kumar's query will clear the horizon for enabling experts to advise properly.However, he may approach an experienced Service matter lawyer locally with facts and documents in hand to decide proper course of action.
