Employer demand money for mistake done by employeee it right???
vijay
(Querist) 27 January 2013
This query is : Resolved
I have made mistake in deduction from salary 2 leave of one person.. my employer demand person get less pay because your mistake, this amount deducted from your salary and payable to such person.
if justified?
wt remidies for us???
can employee liable to repay amount to employer for any mistake done by her?
ajay sethi
(Expert) 27 January 2013
how much is the amount .? you can request the employee whose salary has been decuted by you wrongly to pay back extar amount as employer will other wiswe seek to recover money from you
vijay
(Querist) 27 January 2013
ok...
and what help available to me.... if such employee not co-operate...
and legally can employer recover money from employee , more mistake done by employee..
V R SHROFF
(Expert) 27 January 2013
you adjust his salary next month. Employee cannot be made liable for any loss incurred to employer.
B'coz, any profit you generate goes only to employer.
After all, Master and servant relationship.
Sudhir Kumar, Advocate
(Expert) 28 January 2013
While making query on service matter queriest do not disclose whether employer is Govt or not.
If the employer is Govt then your misconduct demands a higher penalty.
If the employer is private then you have definitely caused embarrassment to the employer and made him liable to be dragged in court by illegal recovery from someone's salary. Employer just cannot afford to tolerate this. Obviously this may be your first lapse so he has not thrown you out.
Normally employer should follow the procedure of chargehseet and inquiry before inflicting penalty. You insist upon the same and the employer shall have liberty to give any other penalty to you as per Standing orders [i.e. reduction of salary, stoppage of increment, termination etc.]
Never expect the aggrieved employee to first lose 2 days salary and then refund the same to you after his loss has been mitigated. This way he loses the genuine sympathy of employer and will not be heard when you make deduction of 2 weeks salary.
This alone may not be the reason. Some employees in accounts wing of the company have pen in their hand (even in Govt organisation also) and tend to be arrogant. It can be understood that there may be complaints against you. It can also be understood that the aggrieved employee would have approached you first and would have got unsympathetic reply hence the situation turned that ugly.
You have to take lesson and mend for future.
Sudhir Kumar, Advocate
(Expert) 28 January 2013
Further Mr Shroff has advised "you adjust his salary next month". Such opportunity you seem to have lost. You could have confessed the genuine mistake and made good for loss of your colleague and employer would not have been so annoyed.
Raj Kumar Makkad
(Expert) 28 January 2013
I strongly endorse the advice of Sudhir as he has logically addressed the query focussing only legal aspects.
