I worked for a company from 15th Sep'08 to 3rd dec 08. Today(24th dec) they are giving me salary of November month through cheque with 10% deduction saying that due to less profit they decided to cut 10% of everyone's salary. but i was never given any such information till my last day of work. The mobile and fuel bills are also not reimbursed saying that the phone number is not on my name. I used that for official purpose during office hours when landlines were out of service. This phone is on my friend's name but i am using it since long time and the same number is there in my official mail's signature. i was not ready to leave those 10% like that for which i had a hot discussion with the branch incharge after which he even stopped the cheque. i came to know about it through a message from the bank where i submitted this cheque.
My question is whether a company can pay 10% less salary to employees after committee meeting, without even employees consent?
Am i eligible for the mobile bill reimbursement when its not on my name?
Should i go to labour court for stopping my payment like that? Please let me know the best way.
Thanks,
Sandeep, Hyderabad.
From India, Bangalore
My question is whether a company can pay 10% less salary to employees after committee meeting, without even employees consent?
Am i eligible for the mobile bill reimbursement when its not on my name?
Should i go to labour court for stopping my payment like that? Please let me know the best way.
Thanks,
Sandeep, Hyderabad.
From India, Bangalore
Mobile bill reimbursements - absolutely not eligible, as there is no proof that you had used that number irrespective of official signature which is not a admissible proof. These are complexities attached with full and final settlement. Organization may allow such payment, but cannot be claimed as a matter of right
10% salary cut - Companies can do that even when an employee is not informed with notification in appropriate area where every one sees the notice (like notice board). Unless you have a trade union, handling such salary cut during recession is very tough. If the official notification date is after your last date, you can very well file a case against the company for the 10% salary cut. However, such effort is an event of upholding policy as court fees (not bought under record, like transportation charges while you attend court hearing, loss of time in court hearing, food consumed outside during such period, etc) might exceed your 10%. This also stipulates some insider information as to official notification date. IF your HR/Branch Manager is honest enough, ask them for notice served to you specifically as this could be a document you need to support your last drawn salary.
Stopping of Cheque - If you are filing case in earlier condition, you can add this otherwise, seek under negotiable instruments act
Pls do understand that the branch manager is acting under rage provoked by tug-o-war. Try pacifying him and encash your cheque and take all necessary documents pertaining to notice. If you are ready to fight for the policy buzz me back with dates, let me see whether my 2 cents can help
From India, Madras
310% salary cut - Companies can do that even when an employee is not informed with notification in appropriate area where every one sees the notice (like notice board). Unless you have a trade union, handling such salary cut during recession is very tough. If the official notification date is after your last date, you can very well file a case against the company for the 10% salary cut. However, such effort is an event of upholding policy as court fees (not bought under record, like transportation charges while you attend court hearing, loss of time in court hearing, food consumed outside during such period, etc) might exceed your 10%. This also stipulates some insider information as to official notification date. IF your HR/Branch Manager is honest enough, ask them for notice served to you specifically as this could be a document you need to support your last drawn salary.
Stopping of Cheque - If you are filing case in earlier condition, you can add this otherwise, seek under negotiable instruments act
Pls do understand that the branch manager is acting under rage provoked by tug-o-war. Try pacifying him and encash your cheque and take all necessary documents pertaining to notice. If you are ready to fight for the policy buzz me back with dates, let me see whether my 2 cents can help
From India, Madras
I am heartily thankful to you for this help Sir.
Another question i like to ask is:
Can I file a case for stopping the cheque and 10% deduction matter together?
I don't have any document other than the offer letter.
How much is the probability that I'll get my money?
He has stopped the cheque after that Tug-o-war scene. he has also given a complaint to the area police station against me saying that i broke his laptop. the police did not write any report.
Regarding 10% salary cut- Nobody in our office was given such notice even in the notice period. The committee meet he is talking about was held around 5th Dec that is after my last date. so, can they cut the salary of November?
regarding Mobile bill reimbursements- i used the phone for my personal purpose also and i am asking for only that amount which i used officially. it is around 700 bucks even then.
Plus i could not understand these lines:
"This also stipulates some insider information as to official notification date. IF your HR/Branch Manager is honest enough, ask them for notice served to you specifically as this could be a document you need to support your last drawn salary".
From India, Bangalore
Another question i like to ask is:
Can I file a case for stopping the cheque and 10% deduction matter together?
I don't have any document other than the offer letter.
How much is the probability that I'll get my money?
He has stopped the cheque after that Tug-o-war scene. he has also given a complaint to the area police station against me saying that i broke his laptop. the police did not write any report.
Regarding 10% salary cut- Nobody in our office was given such notice even in the notice period. The committee meet he is talking about was held around 5th Dec that is after my last date. so, can they cut the salary of November?
regarding Mobile bill reimbursements- i used the phone for my personal purpose also and i am asking for only that amount which i used officially. it is around 700 bucks even then.
Plus i could not understand these lines:
"This also stipulates some insider information as to official notification date. IF your HR/Branch Manager is honest enough, ask them for notice served to you specifically as this could be a document you need to support your last drawn salary".
From India, Bangalore
Mobile is purely out of question.
As far as notification is concerned, if the so called committe meeting held after your exit, they cannot deduct your November month salary, as such decisions are good only for people who are still under service. However, without written notification company can always prove the contrary when challenged in court. Try to get the notification.
You can consult a lawyer for filing a case for return of cheque. But safe is to pacify your branch manager and get the notification and get the cheque encashed.
From India, Madras
As far as notification is concerned, if the so called committe meeting held after your exit, they cannot deduct your November month salary, as such decisions are good only for people who are still under service. However, without written notification company can always prove the contrary when challenged in court. Try to get the notification.
You can consult a lawyer for filing a case for return of cheque. But safe is to pacify your branch manager and get the notification and get the cheque encashed.
From India, Madras
Sir, now the branch manager is not even ready to give me a single penny saying that i broke his laptop. But the truth is that during the tug-o-war he himself swiped the table due to which laptop fell out of the table. He has gone really cheap this time. Do you have any idea about what is the fees in labor court for filing the case? and what is the probability that i will get my money in this scenario (laptop issue)?
From India, Bangalore
From India, Bangalore
Fees in labour courts are very less. Lawyer fees could be more, but it depends on kind of person you choose.
Now with new details seems that what has happened is something beyond compromise.
Probability of getting money is always there but can go less when your ex-company manages to get a copy of FIR on laptop case
From India, Madras
Now with new details seems that what has happened is something beyond compromise.
Probability of getting money is always there but can go less when your ex-company manages to get a copy of FIR on laptop case
From India, Madras
yeah, the situation is bad But the police denied to write any report on that matter. I wrote a mail to my CEO for which he replied: "Salaries have not yet been paid and will be settled in due course of time. In your case, we have to figure out the damage to the laptop and we'll then determine the basis".
Should i wait for them or should i go ahead to the labor court?
From India, Bangalore
Should i wait for them or should i go ahead to the labor court?
From India, Bangalore
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