As per my new employer's Appointment letter dated year 2020, I was not entitled to any other benefits apart from monthly salary (is it legal to deny benefits?).
I received annual salary increment in both 2021 and 2022. Similarly, during the Durga Puja festival both year, I received an amount nearly equivalent to my monthly salary.
I mentioned of the same in 2021 to my reporting boss who said it was Puja bonus; all communications done verbally.
Now, my employer(not the reporting boss) has claimed that both the bonus were credited by mistake and have asked me to refund them, by installments or full.
The reporting boss is not supporting either.
Moreover, since I did not make any documented confirmation, they refused to pay my previous month's salary by adjusting against the bonus.
Are they legally allowed to ask for refund or adjust against my salary(without my consent)?
From India, Chipurupalle
I received annual salary increment in both 2021 and 2022. Similarly, during the Durga Puja festival both year, I received an amount nearly equivalent to my monthly salary.
I mentioned of the same in 2021 to my reporting boss who said it was Puja bonus; all communications done verbally.
Now, my employer(not the reporting boss) has claimed that both the bonus were credited by mistake and have asked me to refund them, by installments or full.
The reporting boss is not supporting either.
Moreover, since I did not make any documented confirmation, they refused to pay my previous month's salary by adjusting against the bonus.
Are they legally allowed to ask for refund or adjust against my salary(without my consent)?
From India, Chipurupalle
Hi,
This is not a right practice. Even if the amount is credited wrongly to your account for argument sake recovering it after one year against salary is ridiculous. You can raise a dispute with Labour Officer of your juridiction.
From India, Madras
951This is not a right practice. Even if the amount is credited wrongly to your account for argument sake recovering it after one year against salary is ridiculous. You can raise a dispute with Labour Officer of your juridiction.
From India, Madras
It appears to me that the organization is a non professional organization. As informed to you that both the Bonus have been credited to your account by mistake which appears to me that you were not eligible for bonus in 2021 & 2022. It can only happen if your salary for 2020 ( Basic & DA ) was more than 21,000/- per month. Probably the same for 2021. As Bonus is a deferred wages, therefore, in 2021 you were eligible for 2020 Bonus and in 2022 you were eligible for 2021 Bonus.
Even you have paid one month equivalent salary as bonus for both the years which is not the way of paying bonus as per PB Act.
Now come to recovery of extra payment if any. The way organization has deducted it is not legal. If you are not a management staff, you may approach to appropriate authority for redressal of your grievance.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
Even you have paid one month equivalent salary as bonus for both the years which is not the way of paying bonus as per PB Act.
Now come to recovery of extra payment if any. The way organization has deducted it is not legal. If you are not a management staff, you may approach to appropriate authority for redressal of your grievance.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
My salary started at Rs17280/- per month in year 2020 and after subsequent annual increments it was Rs 18000/- per month as on October 2022.It is below Rs 21000/- per month. The organization is a private ltd company.
Unfortunately, I have heard that organizations with less than 15 number of employees are exempted from maintenance of labour laws.
Even I am not entitled to receive any paid leaves or PF as per my appointment letter.
It was difficult time during lockdown and I had to accept whatever opportunity I got.(I had just resigned from my previous company before the lockdown).
If the organization is exempted from maintaining proper laws, which authority can I approach?
From India, Chipurupalle
Unfortunately, I have heard that organizations with less than 15 number of employees are exempted from maintenance of labour laws.
Even I am not entitled to receive any paid leaves or PF as per my appointment letter.
It was difficult time during lockdown and I had to accept whatever opportunity I got.(I had just resigned from my previous company before the lockdown).
If the organization is exempted from maintaining proper laws, which authority can I approach?
From India, Chipurupalle
I think I need to step in here and clarify
No one is exempt form 'maintaining labour laws'.
I assume you mean following / adhering to and not maintaining.
Companies with less than 20 employees are exempt from maintaining standard registers and instead they have to maintain certain combined registers that gives the information needed without the burden of complex compliances.
You are still entitled to protection of labour laws.
they are exempt from PF as the number is less than 20, but they can not deny paid leaves as it is covered both under factory act and shop and establishment act.
You can approach the relevant authorities for help, but I hope you realise that you in such a case, you will most probably lose your job. You need to take a strategic call, but I suggest you get another job as this is a bad company to work for.
From India, Mumbai
No one is exempt form 'maintaining labour laws'.
I assume you mean following / adhering to and not maintaining.
Companies with less than 20 employees are exempt from maintaining standard registers and instead they have to maintain certain combined registers that gives the information needed without the burden of complex compliances.
You are still entitled to protection of labour laws.
they are exempt from PF as the number is less than 20, but they can not deny paid leaves as it is covered both under factory act and shop and establishment act.
You can approach the relevant authorities for help, but I hope you realise that you in such a case, you will most probably lose your job. You need to take a strategic call, but I suggest you get another job as this is a bad company to work for.
From India, Mumbai
I have already resigned. Still, I am attaching my appointment letter hiding name of the organization and signatures, stamps.
I had joined during lockdown and at that time it was the only option for me. I had requested verbally several times to review and grant me paid leaves other than Sundays or National Holidays but in vain.
From the attached letter, is it possible to mention, in which cases are they at fault?
From India, Chipurupalle
I had joined during lockdown and at that time it was the only option for me. I had requested verbally several times to review and grant me paid leaves other than Sundays or National Holidays but in vain.
From the attached letter, is it possible to mention, in which cases are they at fault?
From India, Chipurupalle
The company's terms are illegal
You can not have a person working without paid leaves as required under the relevant acts.
Your salary is below the limit specified in Payment of Wages Act and therefore you are entitled to protection and assistance from the Labour Commissioner of the relevant area.
From India, Mumbai
You can not have a person working without paid leaves as required under the relevant acts.
Your salary is below the limit specified in Payment of Wages Act and therefore you are entitled to protection and assistance from the Labour Commissioner of the relevant area.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Amendment to Payment of Bonus Act 2015.jpg
Bonus act amendment gazette copy.pdf
Bonus-amendment _206.doc