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Company deducted 50% of my salary, please advise.
08-Feb-2023 (In Labour & Service Law)
As my company says because of my poor performance the company will hold 50% salary. so i decide to quite the firm. but before quitting i like get clarify some line in the letter of appointment 1) it says you have to serve 24 months otherwise you have to reimburse the payment made in probation period 2) after completing 24 months only you can apply for resignation. For resignation a three month notice period should be give or payment for three month salary Is there any point in it ? i need a legal suggestion..
It depends on your employment contract, if it mentions that your salary is dependent on the amount of sales you are able to accomplish within a month then yes they can deduct your salary.
However, if there is no such clause, then you can claim the entire salary from the Company. You should speak to the HR and accounts. However, if the said payment is not made then send them a legal notice demanding your unpaid salary within 30 days.
If the payment is not made within 30 days then you can initiate a recovery suit against the company for the payment of the unpaid salary. If the situate goes to filing a suit then you can also claim interest and damages for the mental harassment.
However, if there is no such clause, then you can claim the entire salary from the Company. You should speak to the HR and accounts. However, if the said payment is not made then send them a legal notice demanding your unpaid salary within 30 days.
If the payment is not made within 30 days then you can initiate a recovery suit against the company for the payment of the unpaid salary. If the situate goes to filing a suit then you can also claim interest and damages for the mental harassment.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Since the company has unilaterally committed a breach, you neednot pay any compensation. Since the company has unilaterally reduced your salary, you neednot pay the compensation and you can express a willingness for resignation unless the full salary is paid.
Regards
SREEKUMARASSOCIATES
www.sreekumarassociates.com
Regards
SREEKUMARASSOCIATES
www.sreekumarassociates.com
Helpful?
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Adv. S Sreekumar
Trivandrum | 25+ Answers
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