Questions & Answers
Wrongful deduction of labour dues upon resignation
If an employer is wrongfully reducing dues of an employee that has resigned and served his notice period, what are the suggested steps for the employee to proceed with?
What might be the resultant delay in cancellation time if the employee files a complaint?
Is it mandatory for the employee to hand over his passport or can he insist on going with the employer to complete the cancellation process once the dues are cleared?
Dear Sir/ Madam,
Thank you for getting in touch with me on this.
Please note that in your case, you can immediately file for a labour case for the reduction in your salary along with compensation as this amounts to arbitrary dismissal (if the reduction of salary was for two or more months).
After getting further details from you, I will advise on the process to file a labour complaint and how much exactly you can claim.
It is not mandatory to handover the passport as your labour dues are still pending from the employer.
The only negative aspect will be that your visa will not be cancelled till the time the labour case is over.
However, you will be free to seek employment elsewhere for 6 months with an extension for 6 more months and thereon.
I trust I have dealt with your queries and feel free to get in touch with me on 052-9495731 or hari@alnassaradvocates.com for further discussion.
Regards,
Hari Wadhwana
