Bonus paid and Resignation

Ramu (Querist) 29 August 2017 This query is : Resolved
Company paid productivity and loyalty bonus thru salary and IT has also been deducted and paid to IT.

On resignation, they want to deduct the amount paid under this Head with retrospective effect.

I hv requested them not to deduct. There is no agreement between the Co and me to this effect. Their 2nd circular does not state that money would be recovered.The period of the first circular has expired.

Even if a circular is issued today , it would not be retrospective. If it is then, my letter is before and has to be given weightage.

If the Co deducts then, can I go to Labour Court and or fight in Civil Court.Parallely or after LC.

Period and Costs.

This
Ramu. 29.8.17

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P. Venu (Expert) 30 August 2017
The query lacks clarity.

Adv. Yogen Kakade (Expert) 30 August 2017
Labour court can be option for you. Consult a local lawyer to help you.

krishna mohan (Expert) 30 August 2017
You can make a claim the way you are claiming and represent in writing. You can also ask for IT refund if they deduct as it was already part of your earnings. If needed you can issue a legal notice for refund if deducted and relieved so that further action is legally correct and enforceable.

Rajendra K Goyal (Expert) 30 August 2017
IT (TDS) deducted can accounted for and claim refund at the time of filing IT return of the FY. Bonus once paid can be recovered is doubtful except certain conditions. Discuss with local lawyer and may move labour court in case of need and if within the perview.