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Can company deduct money from settlement if employee was on bench
13-Jan-2023 (In Labour & Service Law)
I am working with a company from last 2+ years and my working location is Mumbai. Some couple of month back, I suffered with dengue fever so I was unable to come office. and I got released from project and now I am on bench. Actually my parents lives in Bangalore and also I have my health issue, so now I am in Bangalore now. Now I am unproductive and I am in loss of pay. I put paper on my company on 10th January for last date 13th Jan. I sent to mail to my manager and HR also on the same day. Today evening I got mail from the HR that you have to pay 87 days money because notice period is 90 days. I am unable to pay this money. They will deduct money from my settlement. Tomorrow is my last day. This is not a way to treat employee like that during bench. What action can I takes against company?? Any resolution??
They may deduct salary while giving you back as legal dues, how many years rendered your service in same company. Before deducting company has to notice with reasons for deducting the final settlement and they may harass you , while giving relieving letter. Consult and get more information.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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The rules and regulations governing your company regarding 'bench' employees has to be looked into. Ordinarily companies have a notice period and an employee is not permitted to suddenly leave a company without proper information and time so that the company can cope with loss of an employee. Therefore if the notice period of 90 days exists in your Company, then you have to adhere to it unless you can claim exemption on any ground and that exemption has to be granted in writing. Therefore, it is better to serve the notice period or claim exemption, if not they may claim it from your final settlement.
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