Employer trying to deduct salary after Resignation, 2 months' notice
26-Jul-2023 (In Labour & Service Law)
I sent my resignation to my employer on 11th July, 2019 on medical grounds. They have deducted a month's salary and kept it as security money. They were supposed to return that money to us in April 2019, but haven't. I have paid Taxes on that amount so they have to give it back to me.
I requested them to relieve me within a month due to my medical condition and reimburse my Security money but they are saying that I have to complete 2 months' notice to get that amount. I asked them to show me the written 2 months' notice clause, but there has been no response till now. They had made us sign a One-sided agreement in Feb, 2018 but didn't give us any copy. I can't remember any 2 months' notice mentioned in the agreement.
Also after resignation, they sent a faculty to my centre to relieve me of my duty, even when I had mentioned that I will be serving the notice period. Now they are saying that they will deduct the expenses incurred in the transfer of that faculty from my salary too.
You will have to respond to the allegation and send them a legal notice claiming your salary as also the other allied benefits if any. Also, you will have to share all the documents and communication with them to enable us to understand your query better.
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You may start Legal action by shooting a strongly worded Legal Notice to your employer. In the notice you must mention about your grievances and demand damages and compensation within a period of 15 days failing which Court proceedings shall be initiated against the employer. Further and better particulars are needed for an effective opinion.
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Hello I have perused your query. In these circumstances you have an option to file a criminal complaint of cheating in a competent court of law along with a suit for recovery of amount due. But first it is advisable to send the employer a legal notice and give them a stiupaled time period to answer and pay the amount due.
For further information feel free to contact me. Thank you
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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