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Can employer make deduction from salary if not mentioned in contract
19-Jul-2023 (In Corporate Law)
I recently joined a company in Delhi. I was earlier working in Hyderabad, So they paid for my flight and gave me a week long accommodation. I was told that I will have to pay back in case I don't join. Now, I have a better offer from another company. I resigned. Then they are deducting all the cost from my salary. Because my appointment letter says that I will bear the cost if I leave the company before 18 months. Appointment letter is handed over to us on the first day of joining. Most companies mention this in offer letter, my company didn't. They didn't even verbally communicate. What should I do about this?
Sir you should go ahead and send them a notice through a counsel, that a fraud is being played upon you and they have committed cheating. If it was not mentioned in the offer letter that the amount will be dedicated then they can't straight away go and deduct it, a prior notice and intimation is to be given. You don't need to be scared and you can go ahead and send a notice and thereby file a case against them.
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u need not to worry i handle mostly employment matter, no body can force you to work u kindly contact me i will help you and u can sue the company for liable and damages which u have suffered during this whole period.
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Adv. Prateek Kohli
Delhi | 25+ Answers
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Hi, you have mentioned that your offer letter says that they would deduct the amount from your salary if you leave the company before 18 months. Thereafter you have mentioned that though most companies mention "this" in their offer letters, your company did not. Please clarify if the same was mentioned in your offer letter.
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Adv. Rishabh Kapur
Delhi | 25+ Answers
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Please correct me if I am wrong. You are essentially saying that the bit about your having to compensate the company in case of your voluntary exit from it within the first 18 months of employment was absent from the offer letter, and that it was only included in the appointment letter.
In that case, it all comes down to whether or not you accepted the appointment letter and the terms therein and there was ad idem (consensus). If you took up the employment opportunity after you were handed over the appointment letter, you can be said to have accepted the terms thereof by performance per Section 8 of the Indian Contract Act. But you seem to suggest that the appointment letter was handed over to you after some delay and not prior to your appointment. If that be so, you have a case.
For me to assist you any further, I will need a much fuller grasp of the facts and a look at the offer and appointment letters as well as any other official communication in this regard.
In that case, it all comes down to whether or not you accepted the appointment letter and the terms therein and there was ad idem (consensus). If you took up the employment opportunity after you were handed over the appointment letter, you can be said to have accepted the terms thereof by performance per Section 8 of the Indian Contract Act. But you seem to suggest that the appointment letter was handed over to you after some delay and not prior to your appointment. If that be so, you have a case.
For me to assist you any further, I will need a much fuller grasp of the facts and a look at the offer and appointment letters as well as any other official communication in this regard.
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