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Developer Mumbai   09 October 2016

Company deducting bond amount and not making other payments

I am a software developer in Mumbai. The company is a Indian private limited company. I have recently resigned from the company. I had served mutually agreed notice period. 

1, the company deducted bond amount of 1 lakh from my salary although they have not provided me training & not met mutually agreed terms. At the time of joining the company had told me bond is taking as the company provides training. Company refused to provide photocopies of bond & the letter against which they are claiming the amount.

2, the company is not paying the annually paid fixed incentives which is always payable to me if I resign after 12 months. I have resigned months after that.

3, over phone, HR has told me they make people sign these letters according to their lawyers advice & do not follow everything which they write in these letters, but they have to write those things as it is their legal reqirement. HR refused to write this in email to me, but I have proof.

4, the company is forcing me to settle first after which they will give me signed payslips, Form16 and letters for not crediting salary.

Kindly Advice?



Learning

 13 Replies

Kumar Doab (FIN)     09 October 2016

Approach a very able counsel specializing in Labor/Service matters with all dcos and evidence on record that you have for a considered opinion on your coverage by Labor Law enactments tha forum that you can approach.

 

 

 

1 Like

Kumar Doab (FIN)     09 October 2016

While initiating such queries employee should post full information:

 

 

What is this establishment; Commercial, Industrial?

What is its line of business?

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?

 

What is your designation and nature of duties? ( Noted; Software developer)

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

 

Can anyone change/cancel your recommendations?

 

How many persons report to you?

 

You are in which state? ( Noted; Mumbai) 

Your service is under probation or confirmed ?

 

For how many months you have been working? 

What is the notice period inserted in appointment letter? 

Are you a member of any employee’s/trade unions?

 

Is HR and manager your employer?

Do they have any power ( vested by board) to decline to supply docs to you and stop your salary, salary slips?

1 Like

Kumar Doab (FIN)     09 October 2016

Your counsel may opine to:

 

Approach in writing under proper acknowledgment: 

Good offices of Appointing Authority, MD and demand everything that you want & HR personnel claimed e.g; Bond that HR claimed you have signed, letter of the company, legal opinion from lawyer, acknowledgment and acceptance of notice of resignation, final resignation, correct FnF statement showing computation of earned wages/incentives/OT/bonus/leave encashment/bond amount ,Form16,NOC/NDC, service certificate, relieving letter, salary slips of each month, PF number and a/c slips of each year, ESIC card etc etc   

 

and Narrate all representations made so far and mention dates/names/brief minutes.

Kumar Doab (FIN)     09 October 2016

Your counsel may opine to approach :

 

 

Salary Slips: Inspector appointed under Bombay Shops & Estbs Act, Payment of Wages Act

Form16: ITO-TDS where you file ITR and CIT-TDS where company files ITR. 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     10 October 2016

Kumar Doab suggested the right way.

Kumar Doab (FIN)     10 October 2016

Dear Mr. Rao,

Thanks for agreeing with me. 

 

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     11 October 2016

KINDLY NOTE THAT.

1YOU MAY KINDLY REFER THE TERMS AND CONDITIONS OF YOUR EMPLOYMENT JOB OFFER AND APPOINTMENT LETTER.CHECK CAREFULLY THE POST WORKED,  THE BOND PERIOD AND NOTICE PERIOD TO LEAVE THE COMPANY. IF YOU HAVE STRICTLY FOLLOWED THE SAME YOU MAY SEND BY SPEED POST A.D. , A DETAILED LEGAL NOITCE DEMANDING YOUR SALARY ARREARS.

2. IF EVEN AFTER SERVICE OF NOTICE YOUR DUES ARE NOT PAID BY THE COMPANY THEN YOUR MAY FILE DISPUTE WITH THE LABOUR COURT IF YOU ARE COVERED AS A WORKMAN .bUT IF YOU ARE IN OFFICER CATEGORY FILE A CIVIL SUIT /WRIT PETITION FOR SPEEDY REMEDY. GOOD LUCK.

 

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     11 October 2016

KINDLY NOTE THAT.

1YOU MAY KINDLY REFER THE TERMS AND CONDITIONS OF YOUR EMPLOYMENT JOB OFFER AND APPOINTMENT LETTER.CHECK CAREFULLY THE POST WORKED,  THE BOND PERIOD AND NOTICE PERIOD TO LEAVE THE COMPANY. IF YOU HAVE STRICTLY FOLLOWED THE SAME YOU MAY SEND BY SPEED POST A.D. , A DETAILED LEGAL NOITCE DEMANDING YOUR SALARY ARREARS.

2. IF EVEN AFTER SERVICE OF NOTICE YOUR DUES ARE NOT PAID BY THE COMPANY THEN YOUR MAY FILE DISPUTE WITH THE LABOUR COURT IF YOU ARE COVERED AS A WORKMAN .bUT IF YOU ARE IN OFFICER CATEGORY FILE A CIVIL SUIT /WRIT PETITION FOR SPEEDY REMEDY. GOOD LUCK.

 

Kumar Doab (FIN)     11 October 2016

The querist has not responded after posting the query.

1 Like

Developer Mumbai   12 October 2016

Thank you Kumar Doab, Adv. K.S.A Narasimha Rao and Nandkumar B Sawant. I would respond here with additional information over the weekend.

Thank you once again for responding. Really appreciated.

Developer Mumbai   16 October 2016

Thank you for your time. I have included additional information which was asked to me in an earlier post by Kumar Doab.

What is this establishment; Commercial, Industrial? -> Commercial
What is its line of business? -> Software Development Services and Resource Outsourcing
How many persons are employed in it? -> Over 700
Does standing order apply in your case; Model/Standing? -> I dont kno what does this mean

What is your designation and nature of duties? ( Noted; Software developer)
Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc………….. -> No
 
Can anyone change/cancel your recommendations? -> Does not apply due to the previous response
 
How many persons report to you? -> None
 
You are in which state? ( Noted; Mumbai) 
Your service is under probation or confirmed ? -> Confirmed
 
For how many months you have been working? -> 25 months (in this organisation, I have already completed my last working day)
What is the notice period inserted in appointment letter? -> 3 months (I have already served this notice period)
Are you a member of any employee’s/trade unions? -> No
 
Is HR and manager your employer? -> No
Do they have any power ( vested by board) to decline to supply docs to you and stop your salary, salary slips? -> I don't know

 

Kumar Doab (FIN)     18 October 2016

What was your monthly salary (with break up)?

 

The employer needs employe's consent to deduct anything other than statutory deductions e.g; TDS,PF,ESI etc from salalry and has to mention deductions in salary slip.

 

Approach in writing under proper acknowledgment: 

Good offices of Appointing Authority, MD and demand everything that you want & HR personnel claimed e.g; Bond that HR claimed you have signed, letter of the company, legal opinion from lawyer, acknowledgment and acceptance of notice of resignation, final resignation, correct FnF statement showing computation of earned wages/incentives/OT/bonus/leave encashment/deductios e.g; bond amount ,Form16,NOC/NDC, service certificate, relieving letter, salary slips of each month, PF number and a/c slips of each year, ESIC card etc etc   

 

and Narrate all representations made so far and mention dates/names/brief minutes.

 
 

Approach in writing under proper acknowledgment: 

Good offices of Appointing Authority, MD and demand everything that you want & HR personnel claimed e.g; Bond that HR claimed you have signed, letter of the company, legal opinion from lawyer, acknowledgment and acceptance of notice of resignation, final resignation, correct FnF statement showing computation of earned wages/incentives/OT/bonus/leave encashment/bond amount ,Form16,NOC/NDC, service certificate, relieving letter, salary slips of each month, PF number and a/c slips of each year, ESIC card etc etc   

 

and Narrate all representations made so far and mention dates/names/brief minutes.

 
You may if you can, obtain these docs from HR.

Kumar Doab (FIN)     18 October 2016

You should be covered as 'Workman' as in ID Act, "Employee' as in Bombay Shops & Estbs Act.

 

It is not good that you are neither member of IT/ITeS employee's unions, employee's unions, trade unions that have done a good job, and you are not aware of standing orders.

 

You may ask your union leaders and your Labor Law Consultant.

 


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