Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Ryan Munshi (engineer)     22 July 2016

Harassment via salary deductions

Dear Sir,

I am employed with a big company. The HR of the company is known to harass employees and has a big ego. In the bangalore office they had installed a bio metric system, to trac employee attendance. However, no induction was given as to how to use the system. 

Anyway, for the last 10 months I have been employed with the company. I got my salary as per expectations until last month. A few days back I got an email from the head - hr that the bio metric system shows the my attendance is missing for the entire month of Jan and some parts of feb and march. This mail was sent to me in July. My boss has acknowledged that I was working in all these months, and I do not know why or how the biometric system is missing my attendance for Jan. Also, if my attendance was missing for an entire month, the HR should have informed me in January itself and I would have corrected my actions. However, I did not get any intimation from the HR for the same. Suddenly the HR says that they would not be paying me for the next three months because of the missing attendance details in the earlier months. I was working hard, even on weekends during these months, and did not take more than 3 day of leaves in the entire year. However just because I did not punch ( bio metric is not mentioned in my offer letter) or because there was an error in the bio metric system, I am not getting paid for my hardwork. 

On the top of that, this has caused me great stress and harassment. Please advice what legal action can I take ? 


 5 Replies

JustAdvisor (IT)     22 July 2016

if you have indeed attended office, you can show several other evidences : mails sent through official id from office, testimony of superiors and colleagues, testimony of co-attendees where meetings have been attended, testimony of clients with whom you may have interacted, work you have done, canteen staff, sub staff, list can go on. If HR still does not agree, engage an able counsel to help you out on this matter.

JustAdvisor (IT)     22 July 2016

your office must be having CCTV. get the footage from January, you must be seen coming in and getting out.

Kumar Doab (FIN)     22 July 2016

You have posted that:


----'My boss has acknowledged that I was working in all these months'


Obtain acknowledgment/forward and downlaod the copy.


----'Suddenly the HR says that they would not be paying me for the next three months because of the missing attendance details in the earlier months'


Is it stated in writing?

If you don't get salalry slip atleast a day before usual pay day then  immediately write to concerend employee e.g; payrol/HR/HR -Head and if required to god offices of appointing authority,MD.


---"I was working hard, even on weekends during these months, '


Were you asked to work OT? In writing?

Get in writing?

Download the evidence of OT.


Claim OT with monthly pay under proer acknowledgment.


---'If you say you did not npunch then you have erred'

'If company has lost the record then being custodian it has erred'.


The employee is at the discretion of employer during work hours.

If employee is at office wages have to be paid.


Obtain evidence of presence and prove yourself and thru Boss that you have worked.


Don't relate with offer letter for attendance mode.

If you were issued with bio matric attendance card then punch it and keep your own record also.






Ryan Munshi (engineer)     22 July 2016

I have mails sent from my official ID all these days. I also have my salary slips for Jan, eb and march which clearly mention the number of leaves I have taken in these months, hence it is a proof that the company acknowledged during those months that I had not taken any leaves. 


Kumar Doab (FIN)     22 July 2016

The salary is processed as per attendance.


The HR/payrol shall prepare after getting attendance.


It can not be negligent for 3 months.

The official email id can be blocked by offices/officials of employer any time.

The pay etc are personal matters and can be communicated by letter thru redg. Post, to good offices. Mention all appreciations,hard work,awards,rewards and point out that never any stinker, misconduct has been pointed to you.

Better is downlaod & retain everything that is relevant to your matter. Later companies are known to refrain from producing even in courts.


You have few things in your record.

Few suggestions have been made for your own interest.


You have issues and have recieved sufficient  pointers from employer's attorney's in HR.

Better initiate to be with some good employer ASAP.


Rest is upto you.



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