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khurram (partner)     07 March 2012

One month salary deduction


Hello Respected Seniors,

Please come to help and solve my problem.  I have given my 5 year and few months to a Pvt Ltd company as a Office Assistant and I resigned last month to giving 5 days notice period. There was much reason for resigned like:

1.       I was not able to come office because position not well as physical and boss want to pressurize to see me in office. Even I dint take any long leave for this reason.

2.       I joined Delhi Office and worked 4 year but company permanent shifted to Noida Sector-142 but I still continue come to office daily till 1 year and company didt give any conveyance or rehabilitation.

3.       Company gives me only 10% annual increment.  

4.       Company is not responsible to give PF Fund and medical rehabilitation, extra work period payments.

I applied for gratuity and I got the fund for the same but they are deducting my one month salary because I should require giving 30 days notice period as terms of my company appointment rule.

I never got any appointment or terms letter from the company side. I informed to them same but they are refusing to accept it and don’t want show me the copy of any kind of appointment letter they are hoping to give me only gratuity as full final settlement from company side.

Kindly help me out to this because its question of one month salary and its very important to me as a current financial circumstances.

 What are they criteria of deducting salary in this situation?  

Should I take any legal action?


 2 Replies

Kumar Doab (FIN)     07 March 2012

If no appointment letter has been issued, and employee has drawn salary, contention of company can be that appointment was accepted without appointment order. Has the company circulated certified standing orders to employees or put these at the gate?

You may contend that no appointment letter was issued to you/accepted by you and notice pay is not applicable.

You may raise all of your demands in writing by letter thru redg/speed post addressed to the good offices of your appointing authority, MD, Head-HR and mention that for their written reply so as to reach you in say next 15 days a self addressed redg post cover ( as obtained from Post Office) is enclosed refrain from accepting verbal reply, and accepting the FNF statement. You may refuge to accept the FNF statement in writing citing your reasons.

Next step can be that you approach a competent and experienced service lawyer, o/o Labor Commissioner/Wages Inspector.


Kirti Kar Tripathi (lawyer)     09 March 2012

If there exist no contract either in form of appointment letter, bond, standing orders etc., such deduction is illegal. In the presenr circumstances, give a notice in writing, as suggested by Mr. Kumar, claim your dues includings alleged deduction and gratuity. Not employers do not pay, file claim before appropriate forum.

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