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Manas (Manager)     08 August 2014

Restrospective money extracted by employer

Hello All,

My company had asked me to travel to UK (not a client location, but to company's own office in UK). Please note that I never asked for it but the company itself asked me proactively. I agreed to it, had my visa processed but due to some personal and professional reasons, I resigned from the company and hence didn't travel

There was no company policy that states once visa is processed, I have to travel else I have to reimburse the visa processing charges. However, on my last day, the head HR called me and she told that the company is going to recover Rs 55,000 from me in lieu of visa charges. She categorically said that earlier there was no such policy but now after my resignation they have made this policy and i'll be the first case of such policy being applied

When i agreed for UK visa, no such policy existed and hence i feel this is a classic case of extracting money "retrospectively". Can you guys please suggest if i am on the correct side of law here and what should be my next step?

Thanks in advance !



 2 Replies

Kumar Doab (FIN)     08 August 2014

Did you record the meeting with HR Head?

You should understand the 'Deductions' that can be legally/lawfully made from the payment of Earned wages and may go thru:

 

Payment of Wages Act...............................and approach the Inspector appointed under this Act.

 

(Name of the state) Shops and Commercial Establishments Act .........................and approach the Inspector appointed under this Act. 

 

Other than the stipulated one NO Deduction can be made.......................

As per your post you have not entered into any private agreement with employer for deductions from payouts to you...................................hence no deduction can be made.

 

Usually verbal mode is adopted to communicate by HR so as not to let any record in writing be available with employee, however the HR head might have inserted notes/notings that you have been notified.

There might be no such policy as well.................................The policies are decided by the Board and should be circulated to employees...................... for acceptance.

Gossip and rumor is not policy and rule.

The employer should not behave as a street magician and produce things from thin air.

 

The employee can decline to accept any T&C in any policy.

Since nothing has been supplied to you in writing hence you are burdened with putting your representation in writing and counter the HR head before she effects her decision.

It shall be appropriate to show job advt., job application, interview call letter, offer letter, selection letter, appointment letter and HR policy/Service Rules and Regulations mentioned in appointment letter, standing orders applicable to establishment (Certified/Model) and extended to your designation, all communications on record before and after VIsa application/approval ...........................etc to a competent and experienced Labor Consultant/Service Lawyer and let your lawyer structure all of your communications.

 

Be careful, remain amiable and do not leave any room for company to level any charge on you.

Complete all tasks on hand, handover charge under proper acknowledgment..........................and download copies of all docs that may be relevant to you. 

 

 

 

Sudhir Kumar, Advocate (Advocate)     08 August 2014

well elaborated by Mr Kumar Doab.

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