My employer (school) deducted my salary without prior notice
(Querist) 06 January 2020
This query is : Resolved
I have recently joined a school as a Counselor. During the interview, I was assured ₹35,000 per month salary. However, when it was time to receive my salary, I was informed by the accounts department that I will only receive ₹6,000+ (arrived after pf+pt deduction and my joining date 9th Dec 2019) since the school's policy is to deduct half the salary for the 1st two months and keep it as a deposit so as to prevent any teacher quitting without prior intimation.
Is this permitted as per labor laws? I have not received any documents from the school which inform me about the rules and policies. I have not even received my appointment letter, despite multiple follow ups.
I am planning to resign without serving any notice period, because:
- I have no documents informing me about the rules)
- What if I serve my notice period and they now withhold 2 months salary.
After resignation, I'll ask for my remaining salary but incase they still withhold it,
# What recourse can I take legally, if any?
# Will it be a long drawn, tedious process?
SHIRISH PAWAR, 7738990900
(Expert) 06 January 2020
You can take legal action against school for not paying your dues. Send legal notice and later on you can approach labour court for recovery of your unpaid dues.
(Expert) 06 January 2020
How did you join without an appointment letter? It is your responsibility to take appointment letter and know the rules of the organisation.
(Expert) 07 January 2020
Try to collect alternative appointment letter,and consult your local lawyer he will deeply go with your T&C,then he will assist you best. via online its not perfect to help you
Dr J C Vashista
(Expert) 08 January 2020
It is unbelievable that you were not issued any appointment letter with terms and conditions of service.
It is appropriate to consult a local prudent lawyer for appreciation of facts/documents, professional advise and necessary proceeding.
(Expert) 09 January 2020
The action of the employer is not lawful.
While receiving salary, have you signed any acquittance or similar document?
(Querist) 13 January 2020
I received the appointment letter a month after joining and that too did not mention anything about the deduction. I had joined without appointment letter in good faith. My mistake, I agree.
After follow up, they said they'll give me my remaining dues but next month onwards they'll still deduct smaller amounts as per their policy. For a week they didn't pay the dues as promised so I sent in my resignation (via email) and registered post will follow. Meanwhile, they have blocked/ frozen my bank account. I did withdraw my money but is it legal to freeze bank account without prior intimation?
(Expert) 13 January 2020
No it is not legal to freeze your account ,without informing you
its only valid under certain circumstances.
T. Kalaiselvan, Advocate
(Expert) 15 January 2020
You can very well issue a legal notice demanding your full salary or the amount deducted from your salary.
Continuing the employment or resigning it is your decision.
However if you initiate any legal action against the employer then it would be an embarrassing situation to continue to work in the atmosphere which is not conducive.