Questions & Answers
Acting against an illegal deduction of salary by the employer
An employer portrays the employee to be at fault for a financial loss, stating it is his liability and responsibility, when neither in the contract nor in any written communication this is stated, and when the fault has been with a different department and with the management.
Can the employee respond and defend their remuneration from being deducted?
Is this considered as grounds for the employee to file a case on the employer misconduct?
What might be the approximate timeline for such a case to be resolved?
(The employee has written documents that help make their case)
Dear Sir/ Madam,
Thank you for getting in touch with me on this.
As per the facts given by you, it seems that the act of your employer is utterly unlawful and without any merit.
If your salary is being deducted then you can file a labour case against your employer for such wrongful deduction.
If the deduction is for more than two months then it can be deemed to be arbitrary termination and will entitle you to claim for a further three months salary as compensation.
I would request you to mail me the documents on hari@alnassaradvocates.com for further advise.
Please contact me on 052-9495731 for further discussion and advice.
Regards,
Hari Wadhwana
