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Preety (Company Secretary)     04 August 2008

Unauthorsed salary deduction

Dear all

Pl guide

What is the remedy available to an employee against employer for unauthorised salary deductions.
I s there any specific provision for employees not covered under  'Payment of Wages Act' to safeguard against unauthorised deductions from wages.

Regards


Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 August 2008

Ms.:Preethy,


Sections 8 to 13 and 13-A impose certain restrictions, conditions and procedures with the object to prevent the unauthorized deductions. Sections 15 and 16 provide procedures for recovery of the sums which have been deducted unauthorizedly. Section 23 prohibits agreements for unauthorised deductions contracting out, section 25 imposes liability upon the employer to exhibit an Abstract of the Act so that every employee could know his rights.

Preety (Company Secretary)     04 August 2008

Sir


I guess that quoted ones are the sections from Payment of Wages Act.


This Act is applicable only to the workers getting wages less than a specified amount.


What is the position of other employed people who are not safeguarded by this Act.


regards

H. S. Thukral (Lawyer)     04 August 2008

It can be recovered from the employer under provisions of section 33C(1) and 33C(2) of the Industrial Disputes Act, if the concerned employee is a 'workman'.    

Prakash Yedhula (Lawyer)     04 August 2008

Can take this issue to the labour officer and on his failure to reach a settlement, a computation petition before the labour court can be filed

Preety (Company Secretary)     05 August 2008

Thank you all for your valuable guidance.


 


Regards

Balaram (hr)     14 August 2008

As part of birthday celebration for our head office staff, we have taken undertaking letter from all and we are decucting 0.5% from their gross which shown as other deductions. Is there any objection for this ?



Balaram

9290658859

rvbs2@yahoo.com

Saravana Rajan   18 August 2008

Any deduction with the consent of the employees will attract no objection.


-Saravana Rajan


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