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Bipin Joshi (SDM)     05 September 2013

Salary was deducted without any notice

Hi,

 

My boss has deducted my three months salary of Jan-13, MAr-13 & April-13 without any notice. Also I have not received my confirmation letter as I am working since Sep-10 till Aug-13. I sent him mail but he has put on hold only mentioning that salary was deducted due to non performance. I have served the notice period of 4 days after mutual understanding with him. He is not accepting my resignation and not siging on No Dues form. I am sure that he will not clear my FnF.. My questions are:

Can he deduct salary by his own?

What action constitution allows me to take my salary back.

whethere I can charge him for mental harrasment on not giving me the full salary.

please help me on finding my answers.

 

Regards,

Bipin Joshi

9999777524



 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 September 2013

Dear Bipin

you can file a legal demand notice along with compensation, if he is not ready to make payment within 7 days of receipt of this notice you can file a complaint before Labour Commissioner against him.

Feel Free To Call

Kumar Doab (FIN)     05 September 2013

 

You are located in which state?

 

 

The redg. office of the company is in which state/

What is this establishment: commercial or industrial?

What is your designation and nature of duties?

Is your boss manager or employer or agent of employer as stated in registration certificate displayed under shops and establishments of the state? Is he competent to accept your resignation?

 

 

You have posted that:

he has put on hold only mentioning that salary was deducted due to non performance.

Has he stated so in writing?

This reason may not be acceptable.

He is not accepting my resignation and not siging on No Dues form.

If resignation is not accepted it implies that employer has not ended the employer-employee relationship.

You may approach your lawyer with copies of all of your docs and proceed under expert advice of your lawyer.

Bipin Joshi (SDM)     06 September 2013

Hi,

I am located in Delhi and the company is registered in Delhi only. Company is commercial purpose since 20 years. My position is Service Delivery Manager (SDM) to take care of my Boss division related to Information Technology (IT).

My boss is employee and one of the director of the company. company is Limited company.

He has not mentioned in any where about why my salary was reduced.

Now I have joined some other company after giving a notice period of 4 days after mutual confirmation with him but this is not documented yet. company has not provided me any confirmation letter since my joining on Sep-10 till now.

Making trouble to employees is his habit only. apart from me so many other engineers whose FnF settlements are still pending. He is working by his own. Many engineers have sent him letter from labor court then only he releases their salary.

pls suggest what should I do..

 

Rgds,

Bipin

9999777524

Kumar Doab (FIN)     06 September 2013

 

The Delhi Shops and Establishments Act, 1954, is so employee friendly.

 

 

 

You may go thru section:

 

2. Definitions.—sub sections,5,7,8,15,………………….

3. Rights  and  privileges  under  other  law,  etc.,  not  affected.

19. Time and conditions for payment of wages.

20. Deductions which may be made from wages.

21.  Claims  relating  to  wages.

30. Notice of Dismissal.—

31. Provisions in respect of shops and commercial establishments where more than

one business is carried on.

33.  Records.

34.  Employer  to  furnish  letters  of  appointment  to  employees.

35.  Inspection  of  Registers  and  calling  for  information.—

37. Powers and duties of the Inspector.

(b) Duties of the Inspector………….. (i)  that in dispensing with the services of an employee the provision of the Act and Rules have  been  complied  with  and  no  dues  payable  under  the  Act  or  Rules  have  been withheld

40. Penalties.

41. Wilfully  making false entries.—

 

It shall be appropriate to approach your lawyer with copies of all docs on record, give inputs in person and proceed under expert advice of your lawyer.

 

 


Attached File : 64831415 delhi shops & establishments act, 1954.pdf downloaded: 217 times

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