Privilege leaves (pl) fund not given by employer
Lalit Kumar
(Querist) 26 September 2015
This query is : Resolved
Dear Concern,
My friend was working in private limited company after his resigned company has denied to give the fund against the his remaining Privilege Leaves (PL) as well as some additional amount which was deducted from employee’s salary to stop the instant/without notice resignation of employees, Where HR head passed the circular stating that deducted amount will be refund to employee who complete the notice period or proper resigned.
I am also working is same company and planning to quit in future now I want to get the information on following points.
Can any company denied to refund the amount against Privilege Leaves (PL) of their employees at proper resignation?
If any organization makes any policy and passed the circular, later company denied refund the deducted amount from employee’s salary against same policy. Is its legally correct if not so how we can recover from company?
Thanks
Kumar Doab
(Expert) 26 September 2015
First determine What is this establishment: Commercial,Industrial?
Accordingly Look into the enactment applicable to the establishment e.g: Shops and Estbs Act.
The establishment can not provide inferior benefits as provided for in the Act but can offer superior benefits..............vide its leave policy as per negotiated settlement,standing orders ............
The employer can not deduct other than statutory deductions e.g. PF,ESIC,TDS etc and has to show each deduction in salary slip.................and has to supply the salary slip atleast a day before fixed day of disbursement of wages.
The notice pay can not be deducted in advance.
HR is not your employer.
So if Hr personnel is indulging in unfair practices (verbally/in writing) the employee(s) should submit/escalate in writing under proper acknowledgment to good offices of appointing authority,MD,Chairman.................and let anyone submit any reply on behalf of good offices.
If matter is not resolved or studied silence is maintained employee has the right to approach:
Employee's/Trade Unions and
Inspector appointed under the applicable Act, Payment of wages Act, O/o Labor Commissioner,Higher officials of Dept. of Labor,state, court of law.....
Rajendra K Goyal
(Expert) 27 September 2015
Send registered letter to pay the pending dues, if not paid, lodge complaint with the labor officer.
T. Kalaiselvan, Advocate
(Expert) 03 October 2015
You should make a representation in writing and get a reply in writing whether rejection or otherwise. Then plan about next course of action as per law based on the reply.
