Questions & Answers
Deducting from employee's salary without consent
Hi Hari,
Good morning!
I have been working for a consultancy firm as a civil engineer/ limited/ 12000 salary.
My company is not paying me since December 2018 and deducting 3000 from my salary every month since June 2018.
I was on a parenting leave for 10 days in Feb. 2019. After I came back, the company asked for my passport. I refused. They stop my work and payment until the time of this question.
Please guide me considering the minimum time required: how will I get my payments and rights?
I am waiting for your kind reply, please.
Dear Sir,
Thank you for getting in touch with me on this.
Please note that the fact they asked for your passport and you denying the same is of no relevance. The reason is that they have committed default by deducting salary without your consent.
An employer cannot deduct such salary and if they deduct salary for more than two months then you are deemed to be terminated for which you can claim three months' salary towards compensation for arbitrary dismissal.
You should immediately file a labour complaint against the company and claim your shortfall salary, unpaid salary, three months additional salary, gratuity & unpaid leave (if any) at 9% legal interest.
If you need further assistance regarding filing and claiming the dues then you can get in touch with me through messages.
Regards,
Hari Wadhwana
