Hope Company has ended the employment by termination order and it is not ended by extracting resignation from you?
If company has terminated it has to tender notice pay as per its committement stated in appointment letter! They won’t get relief in any forum, court!
Since yours is clean exit, now need to demand in writing under proper acknowledgment, termination order, service certificate, relieving letter, NOC/NDC, FNF statement {showing all payables by company and by you (if any)}, PF number-a/c slips for whole tenure of service, salary slips for whole tenure of service, Form 16 as per correct FNF statement etc………………….FNF amounts by Bank DD thru redg. Post only. These are to be supplied on last day in office (by termination).
If there is no damage done by you to Laptop you are not at fault and don’t have to pay.
If your work was not possible without laptop then company has provided it to fulfill its need and it is exposed to wear and tear by usage for the company!
If the amount is not demanded from you in writing don’t pay.
Don’t pay at all in advance!
If the amount is shown in FNF statement decline to accept it in writing.
The company can not deduct anything from wages other than amounts those are statutory deductions as well explained in Payment of wages Act, Shops and Commercial Establishments Act…………..
For any other deduction company has to have a private lawful agreement with employee!
Record all calls of blackmail (audio/visual) citing relieving letter!
If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:
----Employees Unions, It/ITeS employees unions e.g:
https://www.itecentre.co.in/
www.unitespro.org
https://www.wbitsa.org/
www.itpfindia.org
https://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
mankar.janardan@gmail.com
________________________________________
https://www.shivsena.org
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
--- Inspector under Karnataka Shops and Commercial Establishments Act:
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
Refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20…………..
and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
The employee should approach within 1 year or has to get the delay condoned.
Employer has to issue wage slip to all employees.
--- O/o Labor Commissioner
----RPFC thru nearest PF office ;
----ESTC Inspector in jurisdictional ESTC office
--- ITO; TDS where you file your ITR
CIT-TDS (jurisdictional) where company files ITR
There are provisions for penalty/punishment for non issuance of Form16 by the deducator…………..
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, resignation letter/termination notice, etc …………. Communications exchanged with company to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.
